Maintaining a Controlled Dangerous Substance Production Facility

Charged With Maintaining a Drug Production Facility?

Charges involving distributing or selling drugs quickly escalate into a first-degree crime when the offense of maintaining a CDS production facility is filed and/or indicted. If you or a loved one has been arrested or otherwise charged with a drug production facility offense, you need representation from an experienced attorney. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, possess over 100 years of experience and knowledge to insure that you are provided with the best defense possible. Attorneys from our office can be reached anytime 24/7 to assist you at 855-450-8310.

N.J.S.A. 2C:35-4. New Jersey Law & Penalties for an Illegal Drug Production Facility

This law provides that anyone who “knowingly maintains or operates” a house, apartment or other facility for the manufacture of certain controlled dangerous substances (“CDS”) or aids, promotes, finances or otherwise participates in the maintenance or operation of the facility, is subject to enhanced distribution penalties. Important components of the law include:

• CDS & Drugs Covered. The law applies to methamphetamin, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana or Schedule I or Schedule II narcotic drug, or analog of these substances.
• Maintains or Operates. The law applies to individuals that maintain or operate premises, a facility or place where the prohibited activity takes place. The financier or promoters of the production facility also fall within N.J.S.A. 2C:35-4.
• Less Included Offenses. A charge of distribution of CDS/drugs is not a lesser included offense of maintaining a production facilty under 2C:35-4.
• Elements that Must be Proven. In order to obtain a conviction, the prosecutor must prove: (1) that the substance in question was one of those set forth in the statute; (2) that the premises, place or facility was used to manufacture the related drugs; and (3) the defendant knowlingly maintained or operated the premises; or knowingly aided, promoted, financed, or otherwise participated in the maintenance or operation of the premises.
• Grading of Offense. A violation of the law is a first-degree crime which carries 10 to 20 years of incarceration in prison.
• Mandatory Minimum Sentence. The law includes a requirement that a period of parole ineligibility be imposed at between one-third and one-half of the sentence. The ineligibility may, however, be waived by the court.
• Fine. The court may impose a fine that should not exceed the greater of seven hundred and fifty thousand dollars ($750,000) or five times the street value of the controlled dangerous substance at the facility at the time of arrest.

Our lawyers handle production facility offenses throughout New Jersey and would be more than happy to put their 100 plus years of collective skill to work for you. One of our attorneys can be reached now at 855-450-8310.