Definitions Under Title 35 of New Jersey Law
In order to understand exactly what a particular drug law means in NJ, it is important to know the definition of the terms used in the related regulation. Each of the following terms have been defined under N.J.S.A. 2C:35-2 and apply to all Title 35 Drug Offenses in NJ. More detailed information regarding a wide variety of CDS charges can also be found at our Drug Possession and Drug Distribution practice centers. If you would like to speak to one of our lawyers, they are available for a free initial consultation. An attorney from our defense firm, the Law Offices of Jonathan F. Marshall, can be reached 24/7 at 855-450-8310.
The Controlled Dangerous Substances Chapter defines various terms. Most of these terms are self explanatory and do not require any comment. The courts have had few occasions to interpret these definitions.
- “Administer” means the direct application of a controlled dangerous substance or controlled substance analog, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his lawfully authorized agent); or (2) the patient or research subject at the lawful direction, and in the presence of, the practitioner.
- “Agent” means an authorized person who acts on behalf of, or at the direction of, a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof.
- “Controlled dangerous substance” means a drug, substance, or immediate precursor in Schedules I through V. It also includes and drug or substance which when ingested is metabolized or otherwise becomes a controlled dangerous substance in the body. The term, wherever it appears in any law or administrative regulation of this State, includes not only controlled dangerous but also their analogs, precursors and substances which when ingested is metabolized or otherwise becomes a controlled dangerous substance in the body. The term does not include distilled spirits, wine, malt beverages.
- “Controlled substance analog,” means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance. In addition, it must be specifically designed to produce an effect substantially similar to that produced by a controlled dangerous substance. The term does not include a substance manufactured or distributed in conformity with the provisions of an approved new drug application or an exemption for investigatory use. L-cocaine (a derivative of the coca plant) and D-cocaine (a synthetically produced cocaine) are included within the definition of cocaine and prohibited under Schedule II.
- “Counterfeit substance” means a controlled dangerous substance or controlled substance analog, or the container or labeling thereof which, without authorization, bears the trademark, trade name, or other identifying mark, imprint number, or device or any likeness thereof of a manufacturer, distributor, or dispenser other than the persons who, in fact, manufactured, distributed, or dispensed such substance and which, thereby, falsely purports to be, or is represented to be, the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.
- “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance or controlled substance analog, whether or not there is an agency relationship.
- “Deliver” is a component of both the definition of “dispense” and the definition of “distribute.” Since a delivery includes an attempted or constructive transfer, there is a delivery or a dispensing within the meaning of this Act when a doctor writes a prescription for a drug which is a controlled dangerous substance. Whether this constitutes a violation of the law depends on whether the other elements of the offense have been satisfied.
- “Dispense” means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
- “Dispenser” means a practitioner who dispenses.
- “Distribute” means to deliver, other than by administering or dispensing, a controlled dangerous substance or controlled substance analog.
- “Drugs” means: (a) substances recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (c) substances (other than food) intended to affect the structure or any function of the body of man or other animals; and (d) substances intended for use as a component of any article specified in subsections (a), (b) and (c) of this definition, but not including devices or their components, parts, or accessories.
- “Drug or alcohol dependent person” means a person who as a result of using a controlled dangerous substance or controlled substance analog or alcohol has been in a state of psychic or physical dependence, or both, arising from the use of that controlled dangerous substance, or its analog or alcohol on a continuous repetitive basis. Drug or alcohol dependence is characterized by behavioral and other responses, including, but not limited to, a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects, or to avoid the discomfort of its absence.
- “Hashish” means the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of the resin.
- “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance, or controlled substance analog, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. It includes any packaging or repackaging of the substance or labeling or relabeling of the container. The term does not include the preparation or compounding of a controlled dangerous substance or its analog by an individual for his own use. Nor does it include the preparation, compounding, or packaging or labeling of a controlled substance: (1) by a practitioner as an incident to his administering or dispensing of a controlled dangerous substance or its analog in the course of his professional practice; nor (2) by a practitioner (or under his supervision) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. The growing of marijuana would be encompassed by “production.”
- “Manufacture” included a defendant who purchased cocaine and heroin in bulk, diluted the substances with cutting agents and packaged them for sale in units of small quantities.
- “Marijuana” means all parts of the plant Genus Cannabis L., whether growing or not. It includes the seeds and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, except the resin extracted from any part of the plant. It does not include the mature stalks of the plant, fiber produced from such stalks, oil or cake made from the seeds of the plant and any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber produced from the stalk, oil or cake made from the sterilized seed of the plant which is incapable of germination. It is proscribed to possess marijuana even though stalks and sterilized seeds are among other parts of the plant that are possessed.
- “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (a) Opium, coca leaves, and opiates; (b) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates; (c) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subsections (a) and (b). The words “narcotic drug” as used in this law does not include decocainized coca leaves or extracts or coca leaves, which extracts do not contain cocaine or ecogine.
- “Opiate” means any dangerous substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled pursuant to the provisions of 1970 N.J. Laws ch. 226, § 3 (C. 24:21-3), the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
- “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.
- “Person” means any corporation, association, partnership, trust, other institution or entity or one or more individuals.
- “Plant” means an organism having leaves and a readily observable root formation, including but not limited to a cutting having roots, a rootball or root hairs.
- “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
- “Practitioner” means a physician, dentist, veterinarian, scientific investigator, laboratory, pharmacy, hospital or other person licensed, registered or otherwise permitted to distribute, dispense, conduct, research with respect to, or administer a controlled dangerous substance or controlled substance analog, in the course of professional practice or research in this State.
- (a) “Physician” means a physician authorized by law to practice medicine in this or any other State and any other person authorized by law to treat sick and injured human beings in this or any other State.
- (b) “Veterinarian” means a veterinarian authorized by law to practice veterinary medicine in this State.
- (c) “Dentist” means dentist authorized by law to practice dentistry in this State.
- (d) “Hospital” means any Federal Institution, or any institution for the care and treatment of the sick and injured, operated and approved by the appropriate State department as proper to be entrusted with the custody and professional use of controlled dangerous substances or controlled substance analog.
- (e) “Laboratory” means a laboratory to be entrusted with the custody of narcotic drugs and use of controlled dangerous substances or controlled substance analogs for scientific experimental and medical purposes and for purposes of instruction approved by the State Department of Health and Senior Services.
- “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled dangerous substance or controlled dangerous substance analog.
- “Immediate precursor” means a substance which the State Department of Health and Senior Services has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled dangerous substance or controlled substance analog, the control of which is necessary to prevent, curtail or limit such manufacture.
- “Residential treatment facility” means any facility approved by the Department of Health and Senior Services and which is approved by any county probation department for the inpatient treatment and rehabilitation of drug dependent persons.
- “Schedules I, II, III, IV, and V” are the schedules set forth in N.J.S.A. 24:21-5 to 24:21-6 and in N.J.S.A. 24:21-8.1 and as modified by any regulations issued by the Commissioner of Health and Senior Services pursuant to his authority as provided in N.J.S.A. 24:21-3.
- “State” means the State of New Jersey.
- “Ultimate user” means a person who lawfully possesses a controlled dangerous substance or controlled substance analog for his own use or for the use of a member of his household or for administration to an animal owned by him or by a member of his household.
- “Prescription legend drug” means any drug which under Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist and is required to bear the statement “Caution: Federal law prohibits dispensing without a prescription” and is not a controlled dangerous substance or stramonium preparation.
- “Stramonium preparation” means a substance prepared from any part of the stramonium plant in the form of a powder, pipe mixture, cigarette, or any other form with or without other ingredients.
- “Stramonium plant” means the plant Datura Stramonium Linne, including Datura Tatula Linne.
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