Drug Distribution in a School Zone in New Jersey

N.J.S.A. 2C:35-7 · Drug Offenses

What the law says

The section prohibits distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or controlled substance analog on qualifying school property, within 1,000 feet of that property or a school bus, or on a school bus. The offense applies even if the person did not know the location was within the prohibited area or no juveniles were present and school was not in session.

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:35-7, that means:

• The person violated subsection a. of N.J.S.2C:35-5 by distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or controlled substance analog.
• The conduct took place on school property used for school purposes and owned by or leased to an elementary or secondary school or school board; within 1,000 feet of such school property or a school bus; or while on a school bus.

How the charge is graded

• A violation is a crime of the third degree.

Penalties in the statute

• Except as provided in N.J.S.2C:35-12, the court shall sentence the person to a term of imprisonment.
• If the violation involves less than one ounce of marijuana, the term of imprisonment shall include a minimum term fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole.
• In all other cases, the term of imprisonment shall include a minimum term fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole.
• A fine of up to $150,000 may also be imposed upon any conviction for a violation of this section.

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 court may waive or reduce the minimum term of parole ineligibility or place the defendant on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2. In making that determination, the court shall consider the extent of the defendant's prior criminal record and the seriousness of the offenses for which the defendant has been convicted; the specific location of the present offense in relation to the school property, including distance from the school and the reasonable likelihood of exposing children to drug-related activities at that location; whether school was in session at the time of the offense; and whether children were present at or in the immediate vicinity of the location when the offense took place.
• The court shall not waive or reduce the minimum term of parole ineligibility or sentence the defendant to probation if the offense took place on school property used for school purposes and owned by or leased to an elementary or secondary school or school board, or while on a school bus; or if the defendant used or threatened violence or was in possession of a firearm in the course of committing the offense.
• If the court elects not to impose a minimum term of imprisonment and parole ineligibility under subsection b., imposes a term of parole ineligibility less than the minimum prescribed in subsection a., or places the defendant on probation, the sentence shall not become final for 10 days to permit the prosecution to appeal the court's finding and sentence.
• The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding whether to appeal a decision to waive or reduce the minimum term of parole ineligibility or place the defendant on probation.
• Nothing in subsection b. establishes a basis for overcoming a presumption of imprisonment authorized or required by subsection d. of N.J.S.2C:44-1, or a basis for not imposing a term of imprisonment or term of parole ineligibility authorized or required under subsection f. of N.J.S.2C:43-6 or upon conviction for a crime other than the offense set forth in subsection b.
• A conviction under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).
• It is no defense that the actor was unaware the prohibited conduct took place on or within 1,000 feet of school property. It is also no defense under this section, or any other provision of this title, that no juveniles were present on the school property at the time of the offense or that the school was not in session.
• It is an affirmative defense that the prohibited conduct took place entirely within a private residence, no person 17 years of age or younger was present in the residence at any time during commission of the offense, and the conduct did not involve distributing, dispensing, or possessing with intent to distribute or dispense a controlled dangerous substance or controlled substance analog for profit. The defendant must prove this defense by a preponderance of the evidence. It does not establish an affirmative defense to a prosecution for an offense defined in any other section of this chapter.

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 Drug Distribution in a School Zone charge.

Related charges

• Strict Liability for Drug-Induced Death →
• Loitering to Obtain or Distribute CDS →
• Possession of CDS →
• Possession with Intent to Distribute CDS →
• Leader of a Narcotics Trafficking Network →
• Maintaining or Operating a CDS Production Facility →
• 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.