Bill > A2459

Introduced Session

This bill would upgrade the penalties for certain crimes involving heroin and fentanyl. The bill also establishes new crimes addressing two types of "heroin mixtures": heroin mixtures with fentanyl, and heroin mixtures without fentanyl. A heroin mixture as defined in the bill is heroin mixed with at least one other controlled dangerous substance. Heroin; Heroin Mixtures Containing CDS other Than Fentanyl. Currently, it is a crime of the first degree to manufacture, distribute, or dispense heroin or its analog in a quantity of five ounces or more including any adulterants or dilutants. The defendant must also be sentenced to a mandatory minimum term of one-third to one-half of the sentence imposed, during which the defendant is ineligible for parole, and a fine of up to $500,000. It is a crime of the second degree if the quantity of heroin or its analog is one-half ounce or more but less than five ounces including any adulterants or dilutants. It is a crime of the third degree if the quantity is less than one-half ounce including any adulterants or dilutants. The penalty for the third degree crime includes an increased fine of up to $75,000. Under the bill, it would be a crime of the first degree to manufacture, distribute, or dispense heroin or its analog, or a heroin mixture that does not contain fentanyl or its analog, in a quantity of 10 grams or more including any adulterants or dilutants. It would be a crime of the second degree to manufacture, distribute, or dispense heroin or its analog including adulterants or dilutants in a quantity of five grams or more but less than 10 grams. If the quantity is less than five grams it would be a crime of the third degree, with an increased fine of up to $75,000. Fentanyl; Heroin Mixtures Containing Fentanyl. Currently, it is a crime of the second degree to unlawfully manufacture, distribute, or dispense fentanyl or its analog in a quantity of one ounce or more including any adulterants or dilutants. It is a crime of the third degree if the quantity is less than one ounce, except that an increased fine of up to $75,000 may be imposed. Under the bill, it would be a crime of the first degree to unlawfully manufacture, distribute, or dispense fentanyl or its analog, or a heroin mixture that contains fentanyl or its analog, in a quantity of five grams or more including any adulterants or dilutants. It would be a crime of the second degree if the quantity of fentanyl or its analog or a heroin mixture that contains fentanyl or its analog is two grams or more but less than five grams including any adulterants or dilutants. It would be a crime of the third degree, with an increased fine of up to $75,000, if the quantity of fentanyl or its analog or a heroin mixture that contains fentanyl or its analog is less than two grams including any adulterants or dilutants. New Definitions. The bill adds definitions of the terms "heroin mixture" and "adulterants or dilutants." Under the bill, a "heroin mixture" is a substance containing heroin, or its analog, and at least one other controlled dangerous substance classified as a narcotic drug or its analog that have been combined by any means so that the injection, inhalation, or ingestion of the mixture would result in the consumption of two or more controlled dangerous substances or analogs. "Adulterants or dilutants" are substances which are mixed or combined with a controlled dangerous substance and any medium which is used to carry a controlled dangerous substance, if the controlled dangerous substance is not readily removable from the medium. The terms include, but are not limited to, blotter paper, stamps or cigarettes. Drug Court. Under the provisions of N.J.S.2C:35-14, a drug or alcohol dependent person convicted of certain offenses may be placed on a five-year term of special probation (drug court) in lieu of incarceration. As a condition of special probation, the court will order the person to enter a residential treatment program at a licensed facility or a program of nonresidential treatment by a licensed and approved treatment provider. Persons convicted of a crime of the first degree are ineligible to be sentenced to special probation under the current statute. Under the bill, certain categories of such persons would be eligible to be sentenced to special probation. The bill provides that a person convicted of a crime of the first degree in violation of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) may be sentenced to special probation provided that the defendant would be eligible for special probation under N.J.S.2C:35-14 but for having been convicted of the crime of the first degree, and further provided that the court is clearly convinced and finds on the record that the defendant has established that he is not a drug profiteer or wholesale drug distributor within the meaning of subsection b. of N.J.S.2C:35A-3.

AI Summary

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Shama Haider (D)*,  Annette Quijano (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document