In New Jersey, Intent to Sell Carries Substantial Fines and Long-Term Imprisonment
New Jersey’s drug crime laws are different from other states’ in that they do not distinguish between sale and intent to sell. In other words, a conviction for intent to sell carries the same penalties as the actual sale of drugs. With intent to sell minimally constituting a third-degree indictable offense, individuals charged with intent to sell must defend themselves effectively in order to avoid substantial fines and long-term imprisonment.
Intent to Sell (or Intent to Distribute) a Controlled Dangerous Substance
The crime of intent to sell (or intent to distribute) is outlined in Section 2C:35-5 of the New Jersey Code of Criminal Justice:
“[I]t shall be unlawful for any person knowingly or purposely: (1) . . . to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or (2) . . . possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.”
“Controlled dangerous substances” include all drugs listed on Schedule I through Schedule V, with the only exception to criminal culpability being for lawful distribution of prescription medications. At the Gorman Law Firm, we represent individuals throughout New Jersey facing charges for intent to sell:
- Cocaine
- Heroin
- Lysergic acid diethylamide (LSD)
- Marijuana
- Methamphetamine
- All other illegal drugs
Criminal Penalties for Intent to Sell in New Jersey
As with other drug crimes, the penalties for intent to sell in New Jersey vary depending upon the specific drug and quantity involved. Examples of penalties for some of the more-common intent-to-sell charges include:
- Intent to sell five or more ounces of heroin or cocaine – 10 or more years of imprisonment (with a mandatory minimum term of one-third to one-half of the sentence imposed) and up to a $500,000 fine
- Intent to sell at least one-half ounce but less than five ounces of heroin or cocaine – Five to 10 years of imprisonment and up to a $150,000 fine
- Intent to sell less than one-half ounce of heroin or cocaine – Three to five years of imprisonment and a $75,000 fine
- Intent to sell five to 25 pounds of marijuana (or 10 to 49 plants) – Five to 10 years of imprisonment and up to a $150,000 fine
- Intent to sell at least one ounce but less than five pounds of marijuana – Three to five years of imprisonment and a $25,000 fine
- Intent to sell less than one ounce of marijuana – Up to 18 months of imprisonment and a $10,000 fine
Experienced Legal Defense for Individuals Charged with Intent to Sell in New Jersey
If you have been charged with intent to sell, you are facing prison time; and, if you do not take effective measures to protect yourself, you will almost certainly be convicted at trial. Defense attorney Scott Gorman has extensive experience representing individuals charged with intent to sell and other drug crimes. He can help you avoid unnecessary consequences as a result of your arrest, but only if you get in touch. To discuss your case with Scott in a free and confidential consultation, call the Gorman Law Firm at 201-489-9199 or submit a request online now.