{"id":375003,"date":"2018-03-19T13:39:13","date_gmt":"2018-03-19T18:39:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-drug-cultivation-and-manufacturing-laws.html"},"modified":"2018-03-19T13:39:13","modified_gmt":"2018-03-19T18:39:13","slug":"new-jersey-drug-cultivation-and-manufacturing-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-drug-cultivation-and-manufacturing-laws.html","title":{"rendered":"New Jersey Drug Cultivation and Manufacturing Laws"},"content":{"rendered":"\n
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New Jersey Drug Cultivation and Manufacturing Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Illicit drugs such as cocaine, heroin, and methamphetamine start out as raw materials before they’re refined and processed into a salable product. Cocaine and heroin are both derived from plants before the active ingredients are concentrated into a paste or powder, while methamphetamine is concocted from an assortment of chemicals that are processed in a laboratory. But unless you’re a licensed pharmaceutical company making narcotics for approved medical uses, it’s illegal to manufacture or cultivate controlled substances<\/a> in New Jersey.<\/p>\n

The law presumes that possessing certain materials or combinations of materials is intended for the manufacturing of a given drug (usually in addition to proof of intent). For instance, someone with a can of paint thinner (acetone) will not be arrested for manufacturing methamphetamine. However, someone with a can of paint thinner in addition to anhydrous ammonia, ephedrine, hydrochloric acid, and perhaps some lab equipment likely would give police probable cause<\/a> for an arrest.<\/p>\n

New Jersey Drug Cultivation and Manufacturing Laws at a Glance<\/h2>\n

Learn more about New Jersey’s laws and penalties pertaining to the cultivation or manufacturing of illegal drugs below.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

The New Jersey Code of Criminal Justice 2C \u00a7 35-4<\/a>, et seq.<\/p>\n<\/td>\n<\/tr>

Statutory Definition of the Offense<\/b><\/p>\n<\/td>\n

To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog.<\/p>\n

Note:<\/b> This also applies to the cultivation or manufacture of a "counterfeit controlled dangerous substance."<\/i><\/p>\n<\/td>\n<\/tr>

Crime Classifications by Substance<\/b><\/p>\n<\/td>\n

Depending on the particular substance and which chemicals and materials are needed for their production, charges are based on amounts (by weight).<\/p>\n

Heroin, Cocaine, or Methamphetamine<\/b><\/p>\n

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  • 5 oz. or more<\/u>: 1st degree crime<\/li>\n
  • 1\/2 – 5 oz.<\/u>: 2nd degree crime<\/li>\n
  • Less than 1\/2 oz.<\/u>: 3rd degree crime<\/li>\n<\/ul>\n

    Other Schedule I or II Controlled Substance<\/b><\/p>\n

Sentences and Penalties<\/b><\/p>\n<\/td>\n