Maintaining or Operating a CDS Production Facility in New Jersey

N.J.S.A. 2C:35-4 · Drug Offenses

What the law says

The section prohibits knowingly maintaining or operating premises, a place, or a facility used to manufacture specified controlled substances. It also prohibits knowingly aiding, promoting, financing, or otherwise participating in the maintenance or operation of such premises, place, or facility.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:35-4, that means:

• The person acted knowingly.
• The person maintained or operated premises, a place, or a facility used for manufacture, or knowingly aided, promoted, financed, or otherwise participated in maintaining or operating those premises, place, or facility.
• The manufacture involved methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants, a substance listed in Schedule I or II, or an analog of any such substance.

How the charge is graded

• The offense is a crime of the first degree.

Penalties in the statute

• The defendant shall be sentenced to a term of imprisonment that includes a minimum term fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant is ineligible for parole.
• The court may also impose a fine not to exceed $750,000.00 or five times the street value of all controlled dangerous substances, controlled substance analogs, gamma hydroxybutyrate, or flunitrazepam at any time manufactured or stored at the premises, place, or facility, whichever is greater.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• The prohibition is subject to authorization by P.L.1970, c.226 (C.24:21-1 et seq.).
• The imprisonment provision is subject to N.J.S.2C:35-12.
• The fine provision applies notwithstanding subsection a. of N.J.S.2C:43-3.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Motions to suppress evidence from unlawful stops, searches, or warrants
• Challenging possession, especially constructive possession in shared cars or homes
• Lab testing, chain of custody, and weight calculations
• Diversion such as conditional discharge (N.J.S.A. 2C:36A-1) or PTI where eligible

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Maintaining or Operating a CDS Production Facility charge.

Related charges

• Strict Liability for Drug-Induced Death →
• Loitering to Obtain or Distribute CDS →
• Possession of CDS →
• Possession with Intent to Distribute CDS →
• Drug Distribution in a School Zone →
• Leader of a Narcotics Trafficking Network →
• Obtaining CDS by Fraud →
• Drug Paraphernalia →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.