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Bill > S4631
NJ S4631
NJ S4631Increases penalty for crime of manufacturing, distributing, or dispensing certain Schedule I or II controlled dangerous substances.
summary
Introduced
06/23/2025
06/23/2025
In Committee
06/23/2025
06/23/2025
Crossed Over
Passed
Dead
01/12/2026
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 penalties for drugs like fentanyl. Specifically, the bill modifies existing law by changing the degree of crime and associated penalties based on the quantity of the substance. For narcotic drugs in Schedule I or II (other than those specifically covered in other parts of the law), manufacturing or distributing one ounce or more is now upgraded from a second-degree to a first-degree crime, which carries a potential sentence of 10 to 20 years imprisonment and a fine up to $500,000. Similarly, quantities between one-half and one ounce are now a second-degree crime (previously a third-degree crime), and quantities less than one-half ounce remain a third-degree crime, but with a potential fine increased to $75,000. The bill includes mandatory minimum sentencing provisions, requiring courts to set a minimum term of imprisonment between one-third and one-half of the total sentence, during which the defendant is ineligible for parole. The legislative intent is to create more proportional penalties that reflect the dangerous nature of these substances, particularly fentanyl, which has been viewed as having lighter penalties compared to other similarly potent drugs like heroin.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 06/23/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4631 |
| BillText | https://pub.njleg.gov/Bills/2024/S5000/4631_I1.HTM |
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