Arrested for Possession or Distribution of Methamphetamine?
There are several CDS offenses that can arise under the NJ Criminal Code when it comes to methamphetamine. An individual can face a charge for possession of methamphetamine or the significantly more complicated offense of distribution of methamphetamine. If you have been charged with a methamphetamine related offense anywhere in Union County, including in Westfield, Union Township, Elizabeth, Hillside, Linden, our attorneys can assist you. Here are the Law Offices of Jonathan F. Marshall, we feature a staff of 8 criminal lawyers, several of whom are former prosecutors, that possess over 100 years of combined experience. Our lawyers are well accustomed to defending cases like yours at Union County Superior Court as we have been representing clients there for decades. For a free consultation with an attorney immediately, contact our Union NJ Office. Lawyers are available 24/7 at 908-272-1700.
Distribution of Methamphetamine
Prosecution for methamphetamine distribution under N.J.S.A. 2C:35-5 requires the government to show that: (1) an individual purposely or knowingly, (2) provided to another individual, (3) a substance known to be methamphetamine. Under New Jersey and Union County law, a person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. Alternatively, a person acts “knowingly” when they are aware of the nature of their actions. Additionally, the term “distribution” is a broad concept that captures actions beyond the sale of narcotics. Under N.J.S.A. 2C:35-2, the term “distribute” means to deliver, dispense or give a substance to another individual. It includes circumstances when an individual provides the substance to another in any manner, including as a gift, sale, or favor.
Possession With Intent To Distribute Methamphetamine
Conviction for possession with the intent to distribute methamphetamine pursuant to N.J.S.A. 2C:35-5 requires the prosecution prove beyond a reasonable doubt that: (1) the defendant knowingly or purposely, (2) either (a) actually, (b) constructively, or (c) jointly, possessed, (3) a substance known to be methamphetamine, and (4) circumstances suggest the individual intended to provide the methamphetamine to another. Under New Jersey and Union County law, a person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. Alternatively, a person acts “knowingly” when they are aware of the nature of their actions.
Actual possession occurs when a person physically controls, holds, or houses the illicit materials. Constructive possession is found when a person does not actually control the methamphetamine, but they have the capability to control the substance. See page (link to possession of CDS) for a detailed discussion of constructive possession. Similarly, joint possession can be found when two or more individuals either simultaneously hold the drugs, or when they have agreed to obtain the drugs together. See page (link to possession of CDS) for a detailed discussion of constructive possession.
Determining intent is largely based upon the circumstances surrounding the possession of the drugs. Courts will determine whether intent existed by considering: quantity, quality, location, time of day, packaging of the cocaine, the amount of money also discovered with the cocaine, and the denomination of money discovered.
Possession of Methamphetamine
Conviction for possession of methamphetamine contrary to N.J.S.A. 2C:35-10 requires a showing that: (1) the defendant purposely or knowingly, (2) either actually, constructively or jointly, possessed, (3) a substance known to be methamphetamine. Under New Jersey and Union County law, a person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. Alternatively, a person acts “knowingly” when they are aware of the nature of their actions. Actual possession occurs when a person physically controls, holds, or houses the illicit materials. Constructive possession is found when a person does not actually control the methamphetamine, but they have the capability to control the substance. See page (link to possession of CDS) for a detailed discussion of constructive possession. Similarly, joint possession can be found when two or more individuals either simultaneously hold the drugs, or when they have agreed to obtain the drugs together. See page (link to possession of CDS) for a detailed discussion of constructive possession.
Penalties for Manufacturing or Distributing Methamphetamine
- First Degree Crime. When the distribution involves five (5) ounces or more, it is a first degree crime under NJ law. An individual may be sentenced to state prison for up to twenty (20) years and fined $300,000 for first degree possession with intent to distribute methamphetamine.
- Second Degree Crime. It is a second degree offense to distribute less than five ounces but more than one half an ounce of methamphetamine.This second degree offense carries a possible prison term between 5 to 10 years. Additionally, a fine of up to $150,000 may be imposed.
- Third Degree. It is a third degree offense to distribute less than one half an ounce of methamphetamine. This third degree offense carries up to five years in prison and a fine of up to $75,000.
Penalties for Possession of Methamphetamine
It is a crime in the third degree to possess any amount of methamphetamine. This third degree crime carries up to five years in prison and thirty-five thousand ($35,000) in fines.
Possession of Substances Used to Manufacture Methamphetamine
N.J.S.A. 2C:35-28 is directed at possession of “precursors” for manufacturing methamphetamine. In this regard, it is a second degree crime to possess any of the following drugs and controlled dangerous substances (“cds”) with the intent to manufacture methamphetamine: anhydrous ammonia, phenylalanine, ephedrine (including its salts, isomers or salts of isomers), norpseudoephedrine, n-methylephedrine, n-methylpseudoephedrine, pseudoephedrine, carbamide (urea) and propanedioc and malonic acid or its derivatives, ergot or an ergot derivative and diethylamine or dimethyl-formamide or diethylamide, phenylacetone (1-phenyl-2 propanone), pentazocine and methyliodid, phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine, diephenylacetonitrile and dimethylaminoisopropyl chloride, piperidine and cyclohexanone and bromobenzene and lithium or magnesium, 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent. Second degree possession of substances for the purpose of manufacturing meth results in a fine of up to $150,000 and five to ten years in state prison.
Elizabeth NJ Methamphetamine Defense Lawyer
If you were arrested and are subject to indictment for a methamphetamine offense, we can help you. The lawyers at our Union County Criminal Defense Firm are seasoned advocates that are adept in navigating the county court in Elizabeth where your possession, manufacturing or distribution of meth case will be decided. We are also highly knowledgeable in what it takes to successfully defend drug charges like yours arising in town like Cranford, Hillside, Roselle Park, Kenilworth and Springfield. Attorneys on our team are available immediately to assist you without obligation. Call us at 908-272-1700 to speak to a lawyer with the skills you are looking for.
