Drug Possession with Intent to Distribute

Our Highly Skilled Drug Distribution Lawyers Are Ready to Help.

Possession of any form of controlled dangerous substances (“CDS”) is illegal in New Jersey absent a valid prescription for the drugs. When possession is with intent to distribute or there are allegations of selling or distribution of drugs, the related criminal charge is always a first degree, second degree, third degree or fourth degree crime that can only be dealt with at the New Jersey Superior Court. The extent of the consequences hinges on the type and quantity of drugs involved. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, are accomplished NJ Drug Offense Defense Lawyers that have the skills to defend any CDS distribution charge you are facing, including those involving:

Marijuana Cocaine Heroin Prescription Drugs
Ecstasy Xanax LSD Percocet
MDMA Ketamine Oxycodone Methamphetamine
Valium Amphetamines Hashish Opiates


Most of the criminal attorneys on our defense team are former prosecutors, including a lawyer who served as a Drug Task Force director and another who was a Drug Court supervisor. If you were arrested and charged with distribution or possession with intent to distribute CDS, we are ready to put our 100 plus years of experience into action to ensure that you or your loved one secures the very best outcome in your drug case pending in Monmouth County, Middlesex County, Passaic County, Morris County, Ocean County or another venue in the state. An attorney is available around the clock for free consultations by calling 877-450-8301.

Basics of a Drug Distribution Offense in New Jersey

There are a number of statutes contained in the New Jersey Criminal Code that are directed at manufacturing, distributing or possession with intent to distribute drugs. In most instances, however, the law that will apply is N.J.S.A. 2C:35-5 (“Manufacturing, distributing or dispensing”) since it applies to cases involving marijuana, cocaine, MDMA (e.g. Ecstasy and Molly), heroin, methamphetamine, LSD, hashish and most other Schedule I, II, III, IV and V CDS. It is illegal to knowingly or purposely: (1) manufacture; (2) distribute; or (3) possess with intent to distribute any CDS without a license to do so.

  • It is a first degree crime to distribute 25 pounds or more of marijuana, 100 milligrams or more of LSD, or 5 ounces or more of cocaine, heroin and methamphetamine.
  • Possession with intent to distribute or selling less than 100 milligrams of LSD, at least five pounds but less than 25 pounds of marijuana or at least one-half ounce but less than 5 ounces of heroin, methamphetamine, MDMA or cocaine is a second degree crime. It is also a second degree crime to distribute 100 dosage units or more of a prescription legend drug.
  • Distributing drugs is a third degree crime where it involves less than one-half ounce of MDMA, heroin, cocaine, methamphetamine or a narcotic drug found in Schedule II or II, at least an ounce but less than 5 pounds of marijuana or any other Schedule I, II, III or IV CDS not previously set forth in these headings. Distribution of at least 5 but less than 100 dosage units of prescription drugs is also a third degree crime.
  • Selling or distributing a Schedule V CDS, less than an ounce of marijuana, less than 5 grams of hashish or 4 or fewer dosage units of a prescription legend drug is a fourth degree crime.

Irrespective of the severity of the distribution offense you are facing based on this grading, your case can only be dealt with at the county courthouse of Hudson County, Essex County, Camden County, Mercer County, Burlington County or another jurisdiction. You should also know that you may be charged with an additional criminal offense if you distributed drugs in a school zone in violation of N.J.S.A. 2C:35-7 or sold CDS in a public park contrary to N.J.S.A. 2C:35-7.1. The area within 1,000 feet of school property and within 500 feet of a public park is afforded heightened protection under the law.

Commons Defenses To CDS Distribution Charges

Search and seizure issues are fairly common in distribution cases. This may entitle questions concerning whether there was probable cause for issuance of a search warrant or the existence of an exigent circumstance to support a warrantless search. There may also be room to challenge reasonable suspicion of a violation of law to support a legitimate motor vehicle stop. Miranda violations also arise in possession with intent to distribute cases frequently. Perhaps the police arrested you prematurely, conducted a constitutionally improper interrogation or otherwise violated your rights. You can trust that our dedicated lawyers will explore any and all defenses so that you reach the optimum resolution of your CDS case.

Contact Us For a Free Consultation With an Experienced New Jersey Drug Distribution Lawyer

We fully realize that things are often far less clear cut than portrayed in an arrest report. We will fight so the real facts are presented and every opportunity to mitigate the consequences of a drug distribution charge is presented. As former prosecutors and attorneys with over a century of combined experience defending possession with intent to distribute offenses throughout New Jersey, we will have your back to help you anyway possible. To reach a lawyer with the skills to fully protect you, call 877-450-8301 for a free consultation.