New jersey criminal charge
Manufacturing, distributing or dispensing in New jersey
Current through 2026 New Jersey legislative session
Manufacturing, distributing or dispensing is a criminal offense under New jersey law, defined by N.J.S.A. 2C:35-5. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:35-5.
What is the penalty for manufacturing, distributing or dispensing in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 10 years to 20 years (Heroin/coca leaves — 5 oz or more — Applies when the quantity of heroin, coca leaves, or specified analogs is five ounces or more including adulterants/dilutants.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Heroin/coca leaves — 5 oz or more — Applies when the quantity of heroin, coca leaves, or specified analogs is five ounces or more including adulterants/dilutants.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Heroin/coca leaves — 1/2 oz to <5 oz — Applies when the quantity of heroin/coca leaves/analogs is one-half ounce or more but less than five ounces.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Heroin/coca leaves — 1/2 oz to <5 oz — Applies when the quantity of heroin/coca leaves/analogs is one-half ounce or more but less than five ounces.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Heroin/coca leaves — under 1/2 oz — Applies when the quantity of heroin/coca leaves/analogs is less than one-half ounce.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Heroin/coca leaves — under 1/2 oz — Applies when the quantity of heroin/coca leaves/analogs is less than one-half ounce.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Schedule I/II narcotic (other) — 1 oz or more — Applies to Schedule I or II narcotic drugs not specifically covered elsewhere in a quantity of one ounce or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Schedule I/II narcotic (other) — 1 oz or more — Applies to Schedule I or II narcotic drugs not specifically covered elsewhere in a quantity of one ounce or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Schedule I/II narcotic (other) — under 1 oz — Applies to Schedule I or II narcotic drugs not specifically covered elsewhere in a quantity under one ounce.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Schedule I/II narcotic (other) — under 1 oz — Applies to Schedule I or II narcotic drugs not specifically covered elsewhere in a quantity under one ounce.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (LSD/PCP large quantity — Applies to LSD at 100mg or more or PCP at 10g or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (LSD/PCP large quantity — Applies to LSD at 100mg or more or PCP at 10g or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (LSD/PCP smaller quantity — Applies to LSD under 100mg or undetermined, or PCP under 10g or undetermined.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (LSD/PCP smaller quantity — Applies to LSD under 100mg or undetermined, or PCP under 10g or undetermined.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Methamphetamine/P2P — 5 oz or more — Applies to methamphetamine, its analog, or P2P in a quantity of five ounces or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Methamphetamine/P2P — 5 oz or more — Applies to methamphetamine, its analog, or P2P in a quantity of five ounces or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Methamphetamine/P2P — 1/2 oz to <5 oz — Applies to methamphetamine/analog/P2P in a quantity of one-half ounce or more but less than five ounces.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Methamphetamine/P2P — 1/2 oz to <5 oz — Applies to methamphetamine/analog/P2P in a quantity of one-half ounce or more but less than five ounces.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Methamphetamine/P2P — under 1/2 oz — Applies to methamphetamine/analog/P2P in a quantity less than one-half ounce.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Methamphetamine/P2P — under 1/2 oz — Applies to methamphetamine/analog/P2P in a quantity less than one-half ounce.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Marijuana/hashish large quantity — Applies to marijuana of 25 pounds or more (or 50+ plants) or hashish of five pounds or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Marijuana/hashish large quantity — Applies to marijuana of 25 pounds or more (or 50+ plants) or hashish of five pounds or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Marijuana/hashish mid quantity — Applies to marijuana 5-25 pounds (or 10-49 plants) or hashish 1-5 pounds.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Marijuana/hashish mid quantity — Applies to marijuana 5-25 pounds (or 10-49 plants) or hashish 1-5 pounds.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Marijuana/hashish smaller quantity — Applies to marijuana one ounce or more but less than five pounds, or hashish five grams or more but less than one pound (before or after the 2021 amendment thresholds).; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Marijuana/hashish smaller quantity — Applies to marijuana one ounce or more but less than five pounds, or hashish five grams or more but less than one pound (before or after the 2021 amendment thresholds).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Marijuana/hashish small quantity (fourth degree, repeat offense) — Applies to marijuana one ounce or less, or hashish five grams or less, for a second or subsequent offense (first offense gets written warning).; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Marijuana/hashish small quantity (fourth degree, repeat offense) — Applies to marijuana one ounce or less, or hashish five grams or less, for a second or subsequent offense (first offense gets written warning).; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Other Schedule I-IV substances — Applies to any other CDS in Schedule I, II, III, or IV not specifically listed elsewhere in the section.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Other Schedule I-IV substances — Applies to any other CDS in Schedule I, II, III, or IV not specifically listed elsewhere in the section.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Schedule V substance — Applies to any Schedule V substance or its analog.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Schedule V substance — Applies to any Schedule V substance or its analog.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is manufacturing, distributing or dispensing classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Heroin/coca leaves — 5 oz or more | crime of the first degree | Applies when the quantity of heroin, coca leaves, or specified analogs is five ounces or more including adulterants/dilutants. | N.J.S.A. 2C:35-5undefined |
| Heroin/coca leaves — 1/2 oz to <5 oz | crime of the second degree | Applies when the quantity of heroin/coca leaves/analogs is one-half ounce or more but less than five ounces. | N.J.S.A. 2C:35-5undefined |
| Heroin/coca leaves — under 1/2 oz | crime of the third degree | Applies when the quantity of heroin/coca leaves/analogs is less than one-half ounce. | N.J.S.A. 2C:35-5undefined |
| Schedule I/II narcotic (other) — 1 oz or more | crime of the second degree | Applies to Schedule I or II narcotic drugs not specifically covered elsewhere in a quantity of one ounce or more. | N.J.S.A. 2C:35-5undefined |
| Schedule I/II narcotic (other) — under 1 oz | crime of the third degree | Applies to Schedule I or II narcotic drugs not specifically covered elsewhere in a quantity under one ounce. | N.J.S.A. 2C:35-5undefined |
| LSD/PCP large quantity | crime of the first degree | Applies to LSD at 100mg or more or PCP at 10g or more. | N.J.S.A. 2C:35-5undefined |
| LSD/PCP smaller quantity | crime of the second degree | Applies to LSD under 100mg or undetermined, or PCP under 10g or undetermined. | N.J.S.A. 2C:35-5undefined |
| Methamphetamine/P2P — 5 oz or more | crime of the first degree | Applies to methamphetamine, its analog, or P2P in a quantity of five ounces or more. | N.J.S.A. 2C:35-5undefined |
| Methamphetamine/P2P — 1/2 oz to <5 oz | crime of the second degree | Applies to methamphetamine/analog/P2P in a quantity of one-half ounce or more but less than five ounces. | N.J.S.A. 2C:35-5undefined |
| Methamphetamine/P2P — under 1/2 oz | crime of the third degree | Applies to methamphetamine/analog/P2P in a quantity less than one-half ounce. | N.J.S.A. 2C:35-5undefined |
| Marijuana/hashish large quantity | crime of the first degree | Applies to marijuana of 25 pounds or more (or 50+ plants) or hashish of five pounds or more. | N.J.S.A. 2C:35-5undefined |
| Marijuana/hashish mid quantity | crime of the second degree | Applies to marijuana 5-25 pounds (or 10-49 plants) or hashish 1-5 pounds. | N.J.S.A. 2C:35-5undefined |
| Marijuana/hashish smaller quantity | crime of the third degree | Applies to marijuana one ounce or more but less than five pounds, or hashish five grams or more but less than one pound (before or after the 2021 amendment thresholds). | N.J.S.A. 2C:35-5undefined |
| Marijuana/hashish small quantity (fourth degree, repeat offense) | crime of the fourth degree | Applies to marijuana one ounce or less, or hashish five grams or less, for a second or subsequent offense (first offense gets written warning). | N.J.S.A. 2C:35-5undefined |
| Other Schedule I-IV substances | crime of the third degree | Applies to any other CDS in Schedule I, II, III, or IV not specifically listed elsewhere in the section. | N.J.S.A. 2C:35-5undefined |
| Schedule V substance | crime of the fourth degree | Applies to any Schedule V substance or its analog. | N.J.S.A. 2C:35-5undefined |
Common questions about manufacturing, distributing or dispensing in New jersey
What degree of offense is manufacturing, distributing or dispensing in New Jersey?
It depends on the circumstances: manufacturing, distributing or dispensing ranges from a crime of the fourth degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:35-5.
Heroin/coca leaves — 5 oz or more: crime of the first degree (N.J.S.A. 2C:35-5undefined) · Heroin/coca leaves — 1/2 oz to <5 oz: crime of the second degree (N.J.S.A. 2C:35-5undefined) · Heroin/coca leaves — under 1/2 oz: crime of the third degree (N.J.S.A. 2C:35-5undefined) · Schedule I/II narcotic (other) — 1 oz or more: crime of the second degree (N.J.S.A. 2C:35-5undefined) · Schedule I/II narcotic (other) — under 1 oz: crime of the third degree (N.J.S.A. 2C:35-5undefined) · LSD/PCP large quantity: crime of the first degree (N.J.S.A. 2C:35-5undefined) · LSD/PCP smaller quantity: crime of the second degree (N.J.S.A. 2C:35-5undefined) · Methamphetamine/P2P — 5 oz or more: crime of the first degree (N.J.S.A. 2C:35-5undefined) · Methamphetamine/P2P — 1/2 oz to <5 oz: crime of the second degree (N.J.S.A. 2C:35-5undefined) · Methamphetamine/P2P — under 1/2 oz: crime of the third degree (N.J.S.A. 2C:35-5undefined) · Marijuana/hashish large quantity: crime of the first degree (N.J.S.A. 2C:35-5undefined) · Marijuana/hashish mid quantity: crime of the second degree (N.J.S.A. 2C:35-5undefined) · Marijuana/hashish smaller quantity: crime of the third degree (N.J.S.A. 2C:35-5undefined) · Marijuana/hashish small quantity (fourth degree, repeat offense): crime of the fourth degree (N.J.S.A. 2C:35-5undefined) · Other Schedule I-IV substances: crime of the third degree (N.J.S.A. 2C:35-5undefined) · Schedule V substance: crime of the fourth degree (N.J.S.A. 2C:35-5undefined)
What are the penalties for manufacturing, distributing or dispensing in New Jersey?
Penalties for manufacturing, distributing or dispensing in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers manufacturing, distributing or dispensing?
Manufacturing, distributing or dispensing is governed by N.J.S.A. 2C:35-5 (Manufacturing, distributing or dispensing).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.