Bill > A5649

Introduced Session

This bill would: (1) create new amount thresholds to establish new first-degree crimes for manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute or disperse fentanyl or its analog; and (2) reduce the current amount thresholds for second- and third-degree manufacturing, distributing, or dispensing fentanyl or its analog, or possessing such with intent to do so, thus upgrading the penalties for acts committed involving smaller amounts. Currently, under N.J.S.2C:35-5, it is a crime of the second degree to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, fentanyl, a Schedule II narcotic drug, or its analog, in a quantity of one ounce or more including any adulterants or dilutants. See N.J.S.2C:35-5, subsection b., paragraph (4). At present, this is the highest degree of crime for fentanyl set forth in N.J.S.2C:35-5, and is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. It is a crime of the third degree if the quantity of fentanyl or its analog involved is less than one ounce including any adulterants or dilutants. See N.J.S.2C:35-5, subsection b., paragraph (5). This is the lowest grading of the crime, punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. This bill would reduce the amount threshold for a crime of the second degree to five grams (0.176 ounce) or more as well as establish a new maximum amount of less than 10 grams (0.35 ounce) for which the aforementioned penalties may be imposed. In addition to establishing a "ceiling" on the quantity of fentanyl for a second-degree crime under N.J.S.2C:35-5, the bill establishes that an act committed with an amount of fentanyl above 10 grams (0.35 ounce) would be a new first-degree crime. A crime of the first degree is ordinarily punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. In addition, under this bill, an enhanced fine of up to $500,000 may be imposed. The bill would reduce the amount threshold for a third degree violation to less than five grams (0.176 ounce). Under this bill, an enhanced fine of up to $75,000 may be imposed.

AI Summary

Committee Categories

Reginald Atkins (D)*,  Robert Karabinchak (D)*,  Shanique Speight (D)*,  Shama Haider (D), 

Introduced, Referred to Assembly Judiciary Committee (on 06/22/2023)

Official Document