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Methamphetamine Law: Possession and Distribution in New Jersey

Methamphetamine Law: Possession and Distribution in New Jersey

Because of what is perceived to be a looming epidemic, the NJ legislature implemented strict drug provisions specifically for the possession and distribution of meth. Accordingly, charges for simple possession or possession with intent to distribute methamphetamine can become extremely complicated. Meth possession or distribution charges rate as second or third-degree crimes, depending on the facts of the case. Irrespective of whether you were indicted as a second-degree or third-degree crime, the criminal defense attorneys at Spodek Law Group see that all defenses and issues are fully explored and that you get the best opportunity to avoid the consequences of conviction. It is never too early to get a lawyer.

Methamphetamine Possession Statute in New Jersey

Usually, possession of methamphetamine is punishable according to several factors:

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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  1. the amount
  2. the location, and
  3. whether the drugs are intended for personal use or intended for distribution.

The statute that prohibits the unlawful possession, use or being under the influence of, or failure to make lawful disposition of a controlled dangerous substance (CDS) or its analog, classified in Schedule I, II, III, or IV is 2C:35-10.

Possession of Methamphetamine is a Third-Degree Offense.

Methamphetamine is a Schedule II drug. A Schedule II substance is defined as one that “(1) has a high potential for abuse; and (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence.” P.L. 1970, c.226 (c. 24: 21-5). Because of the high likelihood of addiction and the perilous physical side effects, possession of meth typically carries harsher penalties than possession of other drugs. A third-degree offense can result in up to 5 years in prison and a fine of up to $15,000.

Arrest for Being Under the Influence of Methamphetamine

A person suspected of being under the influence of methamphetamine in New Jersey could get charged with a disorderly persons offense. The State need not prove that the defendant was under the influence of methamphetamine specifically. The prosecution’s burden of proof is satisfied if they demonstrate that the “accused did manifest physical and psychological symptoms or reactions caused by the use of any controlled dangerous substance.” 2C:35-10(b).  You might serve as much as six months and a $1,000 fine for a disorderly persons offense, plus the possibility of numerous hours of community service or a lengthy probation.

Possessing Meth in a School Zone Brings Enhanced Penalties

A “1000 feet School Zone” charge layers onto any offense committed under N.J.S.A. 2C:35-10.

The term school zone includes “property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus” If you didn’t get any jail time, you would be obligated to do at least 100 hours of community service.

Claiming you were unaware that possession took place within 1000 feet of a school zone or a school bus is not a viable defense.

Possession of Significant Amounts of Methamphetamine Could Result in a Possession with Intent to Distribute Charge Pursuant to 2C:35-5.

Possessing large quantities of a CDS can elevate a “simple” possession charge into something much more flagrant; possession with the intent to distribute. The statute prohibits the manufacturing, distributing, dispensing and possession with intent to manufacture, distribute or dispense all substances classified in the first four Drug Schedules.

As compared to the other drugs, the subsections that refer to methamphetamine require harsher penalties for relatively small amounts. The statute imposes harsher penalties in response to methamphetamine’s recent surge in popularity and its highly addictive properties.

The breakdown by quantity :

  1. five ounces or more is a first-degree offense carrying 20 years in state prison and a fine up to $300,000
  2. half an ounce to five ounces is a second-degree charge that carries up to 10 years in prison and a fine up to $150,000; and
  3. possession with intent to distribute a quantity of one half ounce or less carries a third-degree offense and a fine of up to $75,000.

A distribution charge depends not only on the amounts, but also the surrounding circumstances. For example, if the drugs are parceled out, distribution is presumed.

Distribution Within 1000 feet of a School Zone Could Get You Mandatory Incarceration

The elevated penalties in New Jersey for distribution of methamphetamine in a school zone are found in N.J.S.A. 2C:35-7. Distributing, dispensing or possessing with intent to distribute a CDS or controlled substance analog on any school property (as detailed earlier) is a crime of the third degree to be sentenced by the court to a term of imprisonment. The law requires a minimum term which fixed at or between one-third and one-half of the sentence, or three years, whichever is greater.  During that time, parole is off the table.

Distribution of Methamphetamine Within 500 Feet of a Public Housing Project or Public Park

Distribution, dispensing or possession with intent to distribute a CDS or controlled substance analog while in, on or within 500 feet of a public housing facility, a public park, or a public building is a crime of the second degree.  Again, saying you didn’t know that you were in or within 500 feet of a qualifying property is no defense in court.

The term “Public housing facility” refers to a “dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the “Local Redevelopment and Housing Law,” for the purpose of providing living accommodations to persons of low income.”  A “Public park” is a park, recreation facility or area, or playground that a State, county or local government owns or controls.

If you were arrested for possession or possession with intent to distribute methamphetamine, call Spodek Law Group to arrange for a free consultation with one of our criminal attorneys.

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