Understanding Key Terms Under New Jersey Drug Laws
The attorneys at our Cranford Criminal Defense Firm field hundreds of calls each month from individuals charged with all sorts of drug violations. The inquiries range from search issues involved in basic marijuana possession cases all the way up to complex questions about drug kingpin charges. A common item is what certain terms mean as they relate to a particular CDS offense. The following are some of the more popular terms that frequently crop up in these discussions.
Controlled Dangerous Substance (“CDS”). Any drug or substance that the sale or distribution is specifically prohibited, or a drug or substance that that is metabolized into a prohibited item. This term does not include distilled spirits, wine, malt, or tobacco.
Controlled Substance Analog. Any substance that has a similar chemical structure to a CDS. Analogs must be designed to produce a similar effect to the CDS.
Deliver or Delivery. Actual, constructive, or attempted giving or transfer of a CDS from one person to another.
Distribute. Delivery of a CDS, or analog, including the actual, constructive, or attempted transfer of a CDS.
Drugs. Substances acknowledged in the official US Pharmacy encyclopedia; and (b) substances that are meant to be used in medical diagnosis, cure, prevention, or treatment; (c) substances that affect the structure and function of the human body.
Financier. A person that provides money, or other thing of value, to acquire a CDS, its immediate precursor, or otherwise monetarily support the operations of a drug trafficking network. This financing must be done with the intention of deriving a profit from the acquisition of CDS or other items.
Manufacture. Production, preparation, making, conversion, or processing of a CDS, or analog, either directly or through chemical extraction of natural materials, or independently through chemical synthesis, or by any combination of these procedures. Manufacturing includes the packaging or repackaging of the CDS, or labeling or relabeling. This term is not meant to include these activities when performed by a licensed practicioner in the course of his professional practice or research, teaching, or analysis and not for sale.
Narcotic Drugs. Any item containing opium, coca leaves, and other opiates; any derivative or item involved in preparation of opium, coca leaves, or opiate; opium poppy, or poppy straw
Opiates. Any dangerous substance containing habit forming characteristics similar to morphine, or a substance that is capable of being converted into something that has these habit forming characteristics.
Laboratory. Space used for the purpose of containing narcotic drugs and CDS for the purpose of scientific, experimental and medical pusposes, and specifically designed for teaching.
Production. The manufacture, planting, cultivation, growing, or harvesting of a CDS or analog.
Schedule I, II, III, IV, and V. The classifications system used by the federal government for the purpose of regulating controlled dangerous substances.