ASSEMBLY, No. 2589
STATE OF NEW JERSEY
209th LEGISLATURE
INTRODUCED JUNE 8, 2000
Sponsored by:
Assemblyman PAUL DIGAETANO
District 36 (Bergen, Essex and Passaic)
Assemblyman GUY R. GREGG
District 24 (Sussex, Hunterdon and Morris)
Co-Sponsored by:
Assemblymen Biondi, LeFevre and Felice
SYNOPSIS
Upgrades criminal penalties for sale of designer drug MDMA, known as "ecstasy."
CURRENT VERSION OF TEXT
As introduced.
(Sponsorship Updated As Of: 6/16/2000)
An Act concerning certain controlled dangerous substances and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it is unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense methylenedioxymethamphetamine (MDMA).
b. A person who violates subsection a. of this section with respect to methylenedioxymethamphetamine (MDMA) in a quantity of:
(1) 100 grams or more; or
(2) 400 pills or more;
is guilty of a crime of the first degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $250,000.00 may be imposed upon the person.
c. A person who violates subsection a. of this section with respect to methylenedioxymethamphetamine (MDMA) in a quantity of:
(1) 25 or more grams but less than 100 grams; or
(2) 100 pills or more but less than 400 pills;
is guilty of a crime of the second degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon the person.
d. A person who violates subsection a. of this section with respect to methylenedioxymethamphetamine (MDMA) in a quantity of:
(1) less than 25 grams; or
(2) less than 100 pills;
is guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon the person.
As used in this section "pill" includes tablet or capsule.
2. This act shall take effect immediately.
STATEMENT
This bill provides specific criminal penalties for the sale, manufacture or distribution of methylenedioxymethamphetamine (MDMA), commonly known as "ecstasy."
Presently the sale, manufacture or distribution of "ecstasy" may be prosecuted under N.J.S.A.2C:35-5 b. (13) as a crime of the third degree. This bill would grade the crime based on either the weight involved or the number of pills, a scheme which more closely follows other types of controlled dangerous substances. The bill would now grade the sale, manufacture or distribution of "ecstasy" as follows:
(1) 100 grams or more;or
(2) 400 pills or more; is a crime of the first degree.
(1) 25 or more grams but less than 100 grams; or
(2) 100 pills or more but less than 400 pills; is a crime of the second degree.
(1) less than 25 grams; or
(2) less than 100 pills; is a crime of the third degree.
"Ecstasy" is a synthetic drug that acts simultaneously as a stimulant and a hallucinogen. Ecstasy is an amphetamine-like drug, and belongs to a class of drugs known as designer drugs.
"Ecstasy" stimulates the central nervous system and produces hallucinogenic effects. Psychological difficulties include confusion, depression, sleep problems, drug craving, severe anxiety, and paranoia. Physical symptoms include muscle tension, involuntary teeth-clenching, nausea, blurred vision, rapid eye movement, faintness, and chills or sweating. There are also increases in heart rate and blood pressure.
This bill would enable prosecutors to charge persons who may be found in possession of 1000 or more pills of "ecstasy" with the intent to distribute, for example, with a crime of the first degree as opposed to a crime of the third degree as currently permitted. This fact may become even more significant if the person arrested has no prior criminal convictions so that a presumption would arise in favor of non-incarceration for the first time offender charged with a crime of the third degree.