Drug-Related Laws in the State of New Jersey

In July, 1987, the New Jersey Comprehensive Drug Reform Act became law, with most recent amendments in June, 1988.

Any Rutgers student can be affected by this Act. Being aware of sections of this Act can help you make intelligent and responsible decisions concerning the use of drugs other than alcohol. (For information on alcohol-related laws, see brochure, Alcohol-Related Laws in the State of New Jersey

For further information on alcohol and other drugs you can contact the Department of Health Education in Hurtado Health Center, 11 Bishop Place, 932-7710.

If you or someone close to you is having a problem with alcohol or other drugs you can contact the Alcohol Assistance Program for Students, Hurtado Health Center, CAC 932-7976.

The New Jersey Comprehensive Drug Reform Act (N.J.S.2C) created new offensesm increased penalties for some existing offenses to "ensure the imposition of stern, consistent punishment for all drug offenders," and transferred all drug offenses into the Code of Criminal Justice.

New Offenses

1. "Designer Drugs":
   These drugs, for example, "Ecstasy" and the look-alikes, are now included in the list of "controlled and dangerous substances."

2. Criminal Homicide:
   If a person dies as a result of using a drug given by another, the giver of the drug can be charged with criminal homicide.

3. Drug-Free School Zones:
   There is a special provision in this Act if you are on any school property (elementary or secondary) or within 1000 feet of any school property or school bus or on any school bus and are convicted of distributing, dispensing or possessing with intent to distribute a "controled or dangerous substance", you will be sentenced to a term of imprisonment and a fine up to $100,000 depending upon amount of the substance you possess. During part of this term of imprisonment you would not be eligible for parole.
   NOTE: Areas of the Rutgers University campuses are considered to be within this school safety zone.

STIFFER PENALTIES

1. There is a penalty of mandatory loss or postponement of driving priveleges of at least 6 months upon conviction of many drug offenses, for example, possession of drug paraphernalia such as pipes, sifters, spoons.

2. Especially harsh penalties are established to impose "stern punishment for persons involved in illegal manufacture of drugs."

3. If a person distributes a drug to a minor (under the age of 17) or a pregnant female, there is now a stiffer penalty.

4. The Act provides for forfeiture provisions under which the state may confiscate a motor vehicle in which any "controlled dangerous substance" is found, no matter how small the amount.

   Law enforcement officers are instucted to enforce all offenses strictly.

POTENTIAL PENALTIES FOR A CONVICTION

1. Simple possession, use or being under the influence of:
   
   • MARIJUANA: 0-18 months in jail and a fine of $500 to $15,000

   • COCAINE/CRACK: 3-5 years in jail and a fine of $1000 to $25,000

   • SPEED: same as cocaine

   • PSILOCYBIN and LSD: same as cocaine

2. Use or possession with intent to distribute:

   • MARIJUANA: 0-10 years in jail and a fine of $750 to $100,000

   • COCAINE: 3-20 years in jail (with a 3-5 year mandatory sentence with no parole if amount exceeds 5 oz.) and a fine of $1000 to $300,000

   • SPEED: 3-10 years in jail and a fine of $1000 to $100,000

   • PSILOCYBIN and LSD: 3-5 years in jail and a fine of $2000 to $300,000

   In addition to the foregoing fines, every defendant convicted of any drug offense or who goes into a drug diversionary program must pay a mandatory penalty ranging from $500 to $3000 and a mandatory $50 laboratory charge.

3. Use or possession of drug paraphanalia: up to six months in jail, mandatory fine of $500 to $1000 and a mandatory loss of driving privileges for up to two years.

COMMONLY ASKED QUESTIONS

1. What happens if I am caught growing "pot" in my room?

   The penalty upon conviction is up to 6 months in jail, a mandatory fine of $500 to $1000 and loss of driving priveleges for at least 6 months (up to two years).

2. What are my chances of being convicted?

   The intent of this new Act is to encourage arrest and prosecution so that the chances of being convicted for even a minor offense have been greatly increased.