Generally, prosecutors can only charge a person with the intent to commit a crime if there is actual proof of that intent. For instance, to prove attempted robbery, a prosecutor must demonstrate that a suspect took an overt act to rob someone. However, in N.J.S.A. 2C:35-5, New Jersey has criminalized Possession of a Controlled Dangerous Substance (C.D.S.) with Intent to Distribute. Surprising to many, a prosecutor need not prove that the suspect transferred, sold or distributed the drugs in exchange for money or the promise of payment.[1] Seemingly, the prosecutor can go after a person for the intent to distribute without any direct proof of a suspect’s plan or overt act to sell or distribute the drugs.
Instead, the New Jersey Legislature has decided that because intent is a state of mind and difficult to prove, intent can instead be gathered from evidence as to the quantity, purity, and packaging of the drugs[2]. The Legislature’s logic is that only a person who intends to distribute a controlled substance would possess the controlled substance in a large quantity, in packaging not conducive to personal use or in purity unique to distribution.
This legal characterization of possession of a C.D.S. with intent to distribute has made it significantly easier for New Jersey prosecutors to crack down on drug dealers. One should therefore be aware that mere possession of a C.D.S. can invite much more serious charges if the quantity, purity, and packaging of the drugs can be used to prove the intent to distribute.
If you or someone you know has been arrested and charged with Possession of a Controlled Dangerous Substance (C.D.S.) with Intent to Distribute, contact a Criminal Defense Attorney to learn more about the charge and discuss how to best prepare for the defense. Contact our office today to schedule a free consultation.
[1] State v. Heitzman, 209 N.J. Super. 617, 621 (App. Div. 1986), aff'd 107 N.J. 603 (1987) .
[2] See State v. Perez, 218 N.J. Super. 478, 482-486 (App. Div. 1987).
Instead, the New Jersey Legislature has decided that because intent is a state of mind and difficult to prove, intent can instead be gathered from evidence as to the quantity, purity, and packaging of the drugs[2]. The Legislature’s logic is that only a person who intends to distribute a controlled substance would possess the controlled substance in a large quantity, in packaging not conducive to personal use or in purity unique to distribution.
This legal characterization of possession of a C.D.S. with intent to distribute has made it significantly easier for New Jersey prosecutors to crack down on drug dealers. One should therefore be aware that mere possession of a C.D.S. can invite much more serious charges if the quantity, purity, and packaging of the drugs can be used to prove the intent to distribute.
If you or someone you know has been arrested and charged with Possession of a Controlled Dangerous Substance (C.D.S.) with Intent to Distribute, contact a Criminal Defense Attorney to learn more about the charge and discuss how to best prepare for the defense. Contact our office today to schedule a free consultation.
[1] State v. Heitzman, 209 N.J. Super. 617, 621 (App. Div. 1986), aff'd 107 N.J. 603 (1987) .
[2] See State v. Perez, 218 N.J. Super. 478, 482-486 (App. Div. 1987).
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