Created by FindLaw's team of legal writers and editors | Last reviewed March 19, 2018
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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 in New Jersey.
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 for an arrest.
Learn more about New Jersey's laws and penalties pertaining to the cultivation or manufacturing of illegal drugs below.
Statutes |
The New Jersey Code of Criminal Justice 2C § 35-4, et seq. |
Statutory Definition of the Offense |
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. Note: This also applies to the cultivation or manufacture of a "counterfeit controlled dangerous substance." |
Crime Classifications by Substance |
Depending on the particular substance and which chemicals and materials are needed for their production, charges are based on amounts (by weight). Heroin, Cocaine, or Methamphetamine
Other Schedule I or II Controlled Substance
Lysergic Acid Diethylamide (LSD)
Marijuana Cultivation
Note: Although New Jersey law allows the medical use of marijuana by eligible patients, personal cultivation is not allowed and is therefore not a defense against cultivation charges. |
Sentences and Penalties |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Drug laws are constantly in flux -- with states loosening drug sentences and even legalizing recreational cannabis sales -- but manufacturing drugs is still illegal in New Jersey and in most other states. Your best defense is an experienced legal professional. If you're facing charges of manufacturing or cultivating illegal drugs, talk to a New Jersey drug crimes attorney to discuss the evidence in your case and your options going forward.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New Jersey attorneys offer free consultations.