Bill > A5962

Introduced Session

This bill establishes criminal and civil penalties for the predatory marketing of fentanyl to minors. Under the bill, predatory marketing of fentanyl to minors is defined as the manufacturing, distributing, dispensing, or possessing with intent to distribute fentanyl, where the fentanyl: (1) appears in a manner that is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or its packaging, including but not limited to, any shape that resembles an animal, vehicle, building or structure, person, character, or trademarked logo, symbol, or design; (2) resembles or is modeled after food, beverages, or other non-controlled substances that are primarily consumed by, marketed to, or attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including but not limited to products that resemble candy; (3) resembles a controlled or non-controlled substance or product with ingredients that do not include fentanyl, including but not limited to prescription medication, over-the-counter medication, or cannabis; (4) is packaged in violation of any packaging or labeling requirement enforced by the United States Food and Drug Administration, the Drug Enforcement Administration in the United States Department of Justice, or the Drug Control Unit of the Division of Consumer Affairs in the State Department of Law and Public Safety; or (5) is advertised using any means of audience targeting or selection on any advertising medium, platform, or channel, where the intended audience includes minors. The bill creates a rebuttable presumption that a person has engaged in the predatory marketing of fentanyl to minors if the person has been convicted of using a juvenile in a fentanyl distribution scheme, distributing fentanyl within 1,000 feet of school property, or distributing fentanyl to persons under age 18. The bill also specifies that a conviction for predatory marketing of fentanyl to minors will not merge, for sentencing purposes, with a conviction for the underlying crime of drug distribution. The bill provides that predatory marketing of fentanyl to minors is a crime of the first degree. 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. However, under the bill, the term of imprisonment is increased to 30 years, during which the person is not eligible for parole, or the court may impose a specific term of imprisonment which could be between 30 years and life imprisonment of which the person is required to serve 30 years before being eligible for parole. The bill also amends the "Drug Dealer Liability Act," N.J.S.A.2C:35B-1 et seq., to allow a minor or a person who accidentally uses or is exposed to fentanyl to bring a civil suit against all persons who participated in the predatory marketing of fentanyl.

AI Summary

Committee Categories

Dawn Fantasia (R)*,  Michael Inganamort (R), 

Introduced, Referred to Assembly Judiciary Committee (on 07/24/2025)

Official Document