SENATE, No. 1208
STATE OF NEW JERSEY
INTRODUCED MAY 30, 1996
By Senators RICE, LIPMAN, Codey, Kosco, Bubba, Connors, Sacco, Girgenti, Lynch, Bryant, Kenny, Lesniak, Scott, LaRossa and Singer
An Act concerning drugs and amending N.J.S.2C:35-10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:35-10 is amended to read as follows:
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L. 1970, c. 226 (C. 24:21-1 et seq.). Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S. 2C:43-3, a fine of up to $25,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S. 2C:43-3, a fine of up to $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S. 2C:43-3, a fine of up to $15,000.00 may be imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
d. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section while in a municipality other than the municipality where the person resides shall be guilty of a crime of the second degree under circumstances set forth in paragraph (1) of subsection a.; a crime of the third degree under circumstances set forth in paragraph (2) of subsection a.; a crime of the third degree under circumstances set forth in paragraph (3) of subsection a. and a crime of the fourth degree under circumstances set forth in paragraph (4) of subsection a.
(cf: P.L. 1988, c.44, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill would make it a crime for any person to knowingly obtain or possess a controlled dangerous substance or its analog while in a municipality other than the municipality where the person resides. The gradation of the crime would depend on the type and amount of narcotic involved. The person would be guilty of a crime of the second degree if the drug is classified under Schedule I,II,III or IV of N.J.S. 24:21-8 et seq; a crime of the third degree if the drug is classified under Schedule V; a crime of the third degree for possession of more than 50 grams of marijuana or more than five grams of hashish; or a crime of the fourth degree for possession of 50 grams or less of marijuana or five grams or less of hashish.
Prohibits possession of drugs under certain circumstances.