Possession With Intent to Distribute Drugs in New Jersey

When the police and prosecutors build a criminal drug case against you, you can bet that they will look for every possible way to increase the severity of the charges pending against you.

Even one tiny factor can change your simple possession charge to possession with intent to distribute. Make no mistake, in NJ, if you have drugs on you and intend to sell them, you can be charged with Possession with the Intent to Distribute [N.J.S.A. 2C:35-5]. It does not matter whether you are successful in making the sale or not, you can still be guilty of this crime.

What is the Penalty for Intent to Distribute Drugs in NJ

The penalty for drug manufacturing, intending to sell, or possessing with the intent to distribute all come under the same category and the penalty is the same for each of them.

However, the severity of the punishment for each offense will vary, depending on what the illegal substance is and how much of it is at issue.

  • Heroine [N.J.S.A. 2C:35-5b(1)]:
    • If you are caught possessing and trying to sell less than one-half of an ounce of heroine, you can be put in prison for up to 5 years and compelled to pay a fine of up to $75,000.
    • If the quantity is more than one-half of an ounce but less then 5 ounces, you can face up to 10 years behind bars and a $75,000 fine.
    • If the quantity exceeds 5 ounces, you can be put away for up to 20 years and be forced to pay a fine of $500,000.
  • LSD [N.J.S.A. 2C:35-5b(7)]:
    • If you are caught possessing and trying to sell less than 100 milligrams of LSD, you can face 10 years in state prison and a fine of $75,000.
    • If you are trying to sell more than 100 milligrams, you can go to prison for up to 20 years and face a fine of $500,000.
  • Marijuana [N.J.S.A. 2C:35-5b(10)-(12)]:
    • If you are caught possessing and trying to sell less than 1 ounce of marijuana, you can go to jail for up to 18 months and be compelled to pay a fine of up to $15,000.
    • If the quantity exceeds 1 ounce but is less than 5 pounds, you can go to jail for up to 5 years and be forced to pay a fine of up to $25,000.
    • If the amount is between 5 and 25 pounds, you can be put in jail for 10 years and will face a fine of up to $75,000.
    • If you have over 25 pounds, you can go to prison for up to 20 years and be forced to pay up to $300,000.

Who Should You Contact?

If you or a loved one was charged with a drug-related offense in New Jersey, contact Adam H. Rosenblum of The Rosenblum Law Firm today. Mr. Rosenblum is a skilled criminal defense attorney who has helped people in similar situations. He will defend your constitutional rights, fight to keep you out of jail, and do what he can to have your intent to sell charges dismissed. E-mail or call him today at 888-815-3649.