New Jersey Statutes 2C:35-28. Unlawful possession of precursors; manufacturing methamphetamine; crime of second degree
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the second degree | between 5 and 10 years | up to $150,000 |
Terms Used In New Jersey Statutes 2C:35-28
- 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. See New Jersey Statutes 2C:35-2
- Controlled dangerous substance: means a drug, substance, or immediate precursor in Schedules I through V, marijuana and hashish as defined in this section, any substance the distribution of which is specifically prohibited in N. See New Jersey Statutes 2C:35-2
- Controlled substance analog: means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. See New Jersey Statutes 2C:35-2
- Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled dangerous substance or controlled substance analog by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled dangerous substance: (1) by a practitioner as an incident to the practitioner administering or dispensing a controlled dangerous substance or controlled substance analog in the course of the practitioner's professional practice, or (2) by a practitioner, or under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See New Jersey Statutes 2C:35-2
- Person: means any corporation, association, partnership, trust, other institution or entity, or one or more individuals. See New Jersey Statutes 2C:35-2
b. Except as authorized by P.L.1970, c.226 (C. 24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person knowingly or purposely possesses phenylalanine with intent to unlawfully manufacture methamphetamine or amphetamine or any of their analogs.
c. Except as authorized by P.L.1970, c. 226 (C. 24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person knowingly or purposely possesses, with intent to manufacture a controlled dangerous substance or controlled substance analog, any of the following:
(1) carbamide (urea) and propanedioc and malonic acid or its derivatives;
(2) ergot or an ergot derivative and diethylamine or dimethyl-formamide or diethylamide;
(3) phenylacetone (1-phenyl-2 propanone);
(4) pentazocine and methyliodid;
(5) phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine;
(6) diephenylacetonitrile and dimethylaminoisopropyl chloride;
(7) piperidine and cyclohexanone and bromobenzene and lithium or magnesium; or
(8) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.
d. (1) Except as authorized by P.L.1970, c. 226 (C. 24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person, with intent to unlawfully manufacture methamphetamine, knowingly or purposely possesses ephedrine (including its salts, isomers or salts of isomers), norpseudoephedrine (including its salts, isomers or salts of isomers), n-methylephedrine (including its salts, isomers or salts of isomers), n-methylpseudoephedrine (including its salts, isomers or salts of isomers), or pseudoephedrine (including its salts, isomers or salts of isomers).
(2) Proof that a person in possession of any of the substances enumerated in paragraph (1) of this subsection at the same time also possesses any of the following substances shall give rise to a permissive inference by the trier of fact that the person acted with intent to unlawfully manufacture methamphetamine:
(a) amorphous (red) phosphorus or white phosphorus;
(b) hydroiodic acid;
(c) anhydrous ammonia;
(d) sodium;or
(e) lithium.
Unlawful possession of a precursor in violation of this section is a crime of the second degree.
L.2005,c.207,s.5.