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Bill > A5855


NJ A5855

NJ A5855
Increases penalty for crime of manufacturing, distributing, or dispensing certain Schedule I or II controlled dangerous substances.


summary

Introduced
06/19/2025
In Committee
06/19/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill upgrades the degree of crime associated with the manufacturing, distributing or dispensing of Schedule I or II drugs. It is the sponsor's intent to establish penalties for fentanyl-related drug crimes that are more equivalent to the current penalties for heroin. Currently, fentanyl, despite being more potent and dangerous than heroin, is subject to lighter penalties. It is the sponsor's intent to address the disparities in penalties between the two drugs in order to reduce the incentive to exploit fentanyl's potency and profitability and reduce the risk posed by fentanyl to the citizens of this State. Under current law, it is a second degree crime to manufacture, distribute, or dispense a substance classified as a narcotic drug in Schedule I or II, in any quantity of one ounce or more. It is a crime of the third degree to manufacture, distribute, or dispense a Schedule I or II drug in a quantity of less than one ounce. Under the bill, it is a crime of the first degree to manufacture, distribute, or dispense a Schedule I or II drug in a quantity of one ounce or more; a second degree crime if the quantity is one-half ounce or more, but less than one ounce; and a third degree crime for less than one-half ounce. A first degree crime is ordinarily punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both. A second degree crime is ordinarily punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A third degree crime is ordinarily punishable by three to five years imprisonment, a fine of up to $15,000, or both. Under the bill, a person who commits the first degree crime of manufacturing, distributing, or dispensing a Schedule I or II drug may instead face a fine of up to $500,000. Further, a person who commits the third degree crime may instead face a fine of up $75,000.

AI Summary

This bill increases the penalties for manufacturing, distributing, or dispensing certain Schedule I or II controlled dangerous substances, with a particular focus on addressing disparities in drug penalties, especially for fentanyl. Currently, manufacturing or distributing a Schedule I or II narcotic drug in one ounce or more is a second-degree crime, but under this bill, it becomes a first-degree crime with more severe consequences. Specifically, the bill modifies the existing law to establish stricter penalties: a first-degree crime for one ounce or more (punishable by 10 to 20 years imprisonment and potentially a $500,000 fine), a second-degree crime for one-half ounce to one ounce, and a third-degree crime for less than one-half ounce (with a potential fine of up to $75,000). The legislative intent is to create penalties more equivalent to those for heroin and reduce the incentive to exploit the potency and profitability of drugs like fentanyl, ultimately aiming to protect citizens by imposing more substantial legal consequences for drug manufacturing and distribution.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 06/19/2025)

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