2C:35-5. Manufacturing, Distributing or Dispensing
- [I]t shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, [cocaine]…or (2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit [cocaine].
- Any person who violates subsection a. with respect to:
(1) Heroin, or its analog, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. A fine of up to $500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;
(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree, and a fine of up to $75,000.00 may be imposed.
Heroin Weight Penalties
For your convenience, we have created which demonstrates the degree of crime related to the amount of heroin found and the associated incarceration which it is punishably by.
| First Degree Heroin Distribution | 5 ounces or more of heroin | 10 – 20 years state prison; presumption of incarceration |
| Second Degree Heroin Distribution | ½ ounce – less than 5 ounces of heroin | 5 – 10 years state prison; presumption of incarceration |
| Third Degree Heroin Distribution | Less than ½ ounce of heroin | 3 – 5 years of state prison |