New Jersey Drug Distribution Laws

By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 18, 2025

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It is against the law in New Jersey to manufacture, dispense, distribute, or possess, with the intent to manufacture, dispense, or distribute a controlled substance or a controlled substance analog (N.J.S.A. 2C:35-5).

Drug distribution is more than simple drug possession. Drug distribution can include trafficking large amounts of illegal drugs across state lines or national borders, transporting drugs from a safe house to the point of sale, or selling directly to buyers.

New Jersey Drug Distribution Laws: The Basics

New Jersey's drug distribution laws outline the different types of drugs and amounts of drugs to which the law applies.

The type of drugs included in the statute:

  • Marijuana
  • Heroin
  • Cocaine
  • Methamphetamine
  • Hashish

Distribution of the drugs outlined above can result in a prison sentence or jail time. The only exception is when first-time offenders can choose a diversionary program, like court-ordered rehab.

New Jersy Drug Distribution Laws at a Glance

Please see the below chart for more information on New Jersey's drug distribution laws.

Statutes

The New Jersey Code of Criminal Justice 2C § 35-5
Statutory definition of the offense

It is unlawful for any person knowingly or purposely:

  1. To manufacture, distribute or dispense, or to possess or have under his control with intent to distribute or dispense, or manufacture a controlled dangerous substance or controlled substance analog; or

  2. To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
Crime classifications

Drug distribution offenses are classified according to the type of substance and the amount of drugs distributed (either actual or intended), including the weight of any adulterants or dilutants.

Heroin or Cocaine

  • Five ounces or more: First-degree crime
  • One-half ounce — Five ounces: Second-degree crime
  • Less than half an ounce: Third-degree crime

Schedule I or II Narcotic (excluding heroin or cocaine)

  • 1 ounce or more: Second-degree crime
  • Less than 1 ounce.: Third-degree crime

Lysergic Acid Diethylamide (LSD)

  • Less than 100 milligrams (or where the amount is undetermined): Second-degree crime

Methamphetamine

  • Five ounces or more: First-degree crime
  • Half ounce to five ounces: Second-degree crime
  • Less than half an ounce: Third-degree crime

Marijuana

  • 25 pounds or more of marijuana, 50 or more plants, or more than five pounds of hashish/concentrate: First-degree crime
  • 5 pounds to 25 pounds of marijuana, 10-50 plants, 1 pound to 5 pounds of hashish/concentrate: Second-degree crime
  • 1 ounce to 5 pounds of marijuana, 5 grams to 1 pound hashish/concentrate: Third-degree crime
  • Less than 1 ounce of marijuana., less than 5 grams of hashish/concentrate: Fourth-degree crime
Sentences and penalties
  • First-degree crime: 10 to 20 years in prison
  • Second-degree crime: Five to 10 years in prison
  • Third-degree crime: Three to five years. in prison

Note: Those convicted of distributing drugs are typically subject to fines as well, but the amounts vary by the type of substance and other factors.

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 laws you are researching.

Get Legal Help

Drug distribution is a serious offense. If you are facing drug distribution charges, you should speak to a qualified criminal defense attorney or drug crime lawyer. Both are criminal defense experts who understand drug offenses and drug laws. They can help you navigate criminal charges. Speak to an experienced New Jersey criminal defense lawyer today.

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