2C:35-5 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2000 CHAPTER: 55 NJSA: 2C:35-5 (Ecstasy-increase penalties for manufacture or distribution) BILL NO: S1252 (Substituted for A2589/2629(ACS) SPONSORS: Inverso and Robertson DATE INTRODUCED: May 11, 2000 COMMITTEE: ASSEMBLY: --- SENATE: Judiciary AMENDED DURING PASSAGE: No DATE OF PASSAGE: ASSEMBLY: June 29, 2000 SENATE: June 26, 2000 DATE OF APPROVAL: July 3, 2000 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL: Senate Committee Substitute enacted S1252 SPONSORS STATEMENT:(Begins on page 2 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: No SENATE: Yes FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No A2589 SPONSORS STATEMENT Yes Bill and sponsors statement Identical to S1252 COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: No FLOOR AMENDMENT STATEMENT: No LEGISLATIVE FISCAL ESTIMATE: No A2629 SPONSOR STATEMENT:(Begins on page 4 or original document) Yes COMMITTEE STATEMENT: ASSEMBLY: No SENATE: No FLOOR AMENDMENTS: No LEGISLATIVE FISCAL ESTIMATE: No VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: Yes “N.J. prohibits Ecstasy,” 6-30-2000 Home News, p.A1 “Whitman oks tougher Ecstasy penalties“, 7-4-2000 Home News. P. A3 “Tough law now targets Ecstasy users, sellers,” 7-4-2000 Asbury Park Press p.A3 SENATE, No. 1252 STATE OF NEW JERSEY 209th LEGISLATURE INTRODUCED MAY 11, 2000 Sponsored by: Senator PETER A. INVERSO District 14 (Mercer and Middlesex) SYNOPSIS Upgrades criminal penalties for sale of designer drug MDMA, known as "ecstasy." CURRENT VERSION OF TEXT As introduced. S1252 INVERSO 2 1 AN ACT concerning certain controlled dangerous substances and 2 supplementing Title 2C of the New Jersey Statutes. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), 8 it is unlawful for any person knowingly or purposely to manufacture, 9 distribute or dispense, or to possess or have under his control with 10 intent to manufacture, distribute or dispense 11 methylenedioxymethamphetamine (MDMA). 12 b. A person who violates subsection a. of this section with respect 13 to methylenedioxymethamphetamine (MDMA) in a quantity of : 14 (1) 100 grams or more; or 15 (2) 400 pills or more; 16 is guilty of a crime of the first degree and, notwithstanding the 17 provisions of N.J.S.2C:43-3 or any other law, a fine of up to 18 $250,000.00 may be imposed upon the person. 19 c. A person who violates subsection a. of this section with respect 20 to methylenedioxymethamphetamine (MDMA) in a quantity of : 21 (1) 25 or more grams but less than 100 grams; or 22 (2) 100 pills or more but less than 400 pills; 23 is guilty of a crime of the second degree and, notwithstanding the 24 provisions of N.J.S.2C:43-3 or any other law, a fine of up to 25 $150,000.00 may be imposed upon the person. 26 d. A person who violates subsection a. of this section with respect 27 to methylenedioxymethamphetamine (MDMA) in a quantity of : 28 (1) less than 25 grams; or 29 (2) less than 100 pills; 30 is guilty of a crime of the third degree and, notwithstanding the 31 provisions of N.J.S.2C:43-3 or any other law, a fine of up to 32 $100,000.00 may be imposed upon the person. 33 As used in this section "pill" includes tablet or capsule. 34 35 2. This act shall take effect immediately. 36 37 38 STATEMENT 39 40 This bill provides specific criminal penalties for the sale, 41 manufacture or distribution of methylenedioxymethamphetamine 42 (MDMA), commonly known as "ecstasy." 43 Presently the sale, manufacture or distribution of "ecstasy" may be 44 prosecuted under N.J.S.A.2C:35-5 b. (13) as a crime of the third 45 degree. This bill would grade the crime based on either the weight S1252 INVERSO 3 1 involved or the number of pills, a scheme which more closely follows 2 other types of controlled dangerous substances. The bill would now 3 grade the sale, manufacture or distribution of "ecstasy" as follows: 4 (1) 100 grams or more; or 5 (2) 400 pills or more; is a crime of the first degree. 6 (1) 25 or more grams but less than 100 grams; or 7 (2) 100 pills or more but less than 400 pills; is a crime of the 8 second degree. 9 (1) less than 25 grams; or 10 (2) less than 100 pills; is a crime of the third degree. 11 "Ecstasy" is a synthetic drug that acts simultaneously as a stimulant 12 and a hallucinogen. Ecstasy is an amphetamine-like drug, and belongs 13 to a class of drugs known as designer drugs. 14 "Ecstasy" stimulates the central nervous system and produces 15 hallucinogenic effects. Psychological difficulties include confusion, 16 depression, sleep problems, drug craving, severe anxiety, and paranoia. 17 Physical symptoms include muscle tension, involuntary teeth- 18 clenching, nausea, blurred vision, rapid eye movement, faintness, and 19 chills or sweating. There are also increases in heart rate and blood 20 pressure. 21 This bill would enable prosecutors to charge persons who may be 22 found in possession of 1000 or more pills of "ecstasy" with the intent 23 to distribute, for example, with a crime of the first degree as opposed 24 to a crime of the third degree as currently permitted. This fact may 25 become even more significant if the person arrested has no prior 26 criminal convictions so that a presumption would arise in favor of 27 non-incarceration for the first time offender charged with a crime of 28 the third degree. SENATE COMMITTEE SUBSTITUTE FOR SENATE, No. 1252 STATE OF NEW JERSEY 209th LEGISLATURE ADOPTED JUNE 22, 2000 Sponsored by: Senator PETER A. INVERSO District 14 (Mercer and Middlesex) Senator NORMAN M. ROBERTSON District 34 (Essex and Passaic) Co-Sponsored by: Senators Turner, Sacco, Sinagra, Assemblyman Holzapfel, Assemblywomen Heck, Weinberg and Assemblyman R.Smith SYNOPSIS Increases the criminal penalties for manufacture or distribution of MDMA, known as "ecstasy," and MDA. CURRENT VERSION OF TEXT Substitute as adopted by the Senate Judiciary Committee. (Sponsorship Updated As Of: 6/30/2000) SCS for S1252 INVERSO, ROBERTSON 2 1 AN ACT concerning certain controlled dangerous substances and 2 amending N.J.S.2C:35-5. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. N.J.S.2C:35-5 is amended to read as follows: 8 2C:35-5. Manufacturing, Distributing or Dispensing. a. Except 9 as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be 10 unlawful for any person knowingly or purposely: 11 (1) To manufacture, distribute or dispense, or to possess or have 12 under his control with intent to manufacture, distribute or dispense, a 13 controlled dangerous substance or controlled substance analog; or 14 (2) To create, distribute, or possess or have under his control with 15 intent to distribute, a counterfeit controlled dangerous substance. 16 b. Any person who violates subsection a. with respect to: 17 (1) Heroin, or its analog, or coca leaves and any salt, compound, 18 derivative, or preparation of coca leaves, and any salt, compound, 19 derivative, or preparation thereof which is chemically equivalent or 20 identical with any of these substances, or analogs, except that the 21 substances shall not include decocainized coca leaves or extractions 22 which do not contain cocaine or ecogine, or 3,4- 23 methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, 24 in a quantity of five ounces or more including any adulterants or 25 dilutants is guilty of a crime of the first degree. The defendant shall, 26 except as provided in N.J.S.2C:35-12, be sentenced to a term of 27 imprisonment by the court. The term of imprisonment shall include the 28 imposition of a minimum term which shall be fixed at, or between, 29 one-third and one-half of the sentence imposed, during which the 30 defendant shall be ineligible for parole. Notwithstanding the 31 provisions of subsection a. of N.J.S.2C:43-3, a fine of up to 32 $500,000.00 may be imposed; 33 (2) A substance referred to in paragraph (1) of this subsection, in 34 a quantity of one-half ounce or more but less than five ounces, 35 including any adulterants or dilutants is guilty of a crime of the second 36 degree; 37 (3) A substance referred to paragraph (1) of this subsection in a 38 quantity less than one-half ounce including any adulterants or dilutants 39 is guilty of a crime of the third degree except that, notwithstanding the 40 provisions of subsection b. of N.J.S.2C:43-3, a fine of up to 41 $75,000.00 may be imposed; 42 (4) A substance classified as a narcotic drug in Schedule I or II 43 other than those specifically covered in this section, or the analog of EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. SCS for S1252 INVERSO, ROBERTSON 3 1 any such substance, in a quantity of one ounce or more including any 2 adulterants or dilutants is guilty of a crime of the second degree; 3 (5) A substance classified as a narcotic drug in Schedule I or II 4 other than those specifically covered in this section, or the analog of 5 any such substance, in a quantity of less than one ounce including any 6 adulterants or dilutants is guilty of a crime of the third degree except 7 that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 8 a fine of up to $75,000.00 may be imposed; 9 (6) Lysergic acid diethylamide, or its analog, in a quantity of 100 10 milligrams or more including any adulterants or dilutants, or 11 phencyclidine, or its analog, in a quantity of 10 grams or more 12 including any adulterants or dilutants, is guilty of a crime of the first 13 degree. Except as provided in N.J.S.2C:35-12, the court shall impose 14 a term of imprisonment which shall include the imposition of a 15 minimum term, fixed at, or between, one-third and one-half of the 16 sentence imposed by the court, during which the defendant shall be 17 ineligible for parole. Notwithstanding the provisions of subsection a. 18 of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed; 19 (7) Lysergic acid diethylamide, or its analog, in a quantity of less 20 than 100 milligrams including any adulterants or dilutants, or where 21 the amount is undetermined, or phencyclidine, or its analog, in a 22 quantity of less than 10 grams including any adulterants or dilutants, 23 or where the amount is undetermined, is guilty of a crime of the 24 second degree; 25 (8) Methamphetamine, or its analog, or phenyl-2-propanone 26 (P2P), in a quantity of five ounces or more including any adulterants 27 or dilutants is guilty of a crime of the first degree. Notwithstanding the 28 provisions of subsection a. of N.J.S.2C:43-3, a fine of up to 29 $300,000.00 may be imposed; 30 (9) (a) Methamphetamine, or its analog, or phenyl-2-propanone 31 (P2P), in a quantity of one-half ounce or more but less than five 32 ounces including any adulterants or dilutants is guilty of a crime of the 33 second degree; 34 (b) Methamphetamine, or its analog, or phenyl-2-propanone 35 (P2P), in a quantity of less than one-half ounce including any 36 adulterants or dilutants is guilty of a crime of the third degree except 37 that notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 38 a fine of up to $75,000.00 may be imposed; 39 (10) (a) Marijuana in a quantity of 25 pounds or more including 40 any adulterants or dilutants, or more than 50 marijuana plants, 41 regardless of weight, or hashish in a quantity of five pounds or more 42 including any adulterants or dilutants, is guilty of a crime of the first 43 degree. Notwithstanding the provisions of subsection a. of 44 N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed; 45 (b) Marijuana in a quantity of five pounds or more but less than 25 46 pounds including any adulterants or dilutants, or 10 or more but fewer SCS for S1252 INVERSO, ROBERTSON 4 1 than 50 marijuana plants, regardless of weight, or hashish in a quantity 2 of one pound or more but less than five pounds, including any 3 adulterants and dilutants, is guilty of a crime of the second degree; 4 (11) Marijuana in a quantity of one ounce or more but less than 5 five pounds including any adulterants or dilutants, or hashish in a 6 quantity of five grams or more but less than one pound including any 7 adulterants or dilutants, is guilty of a crime of the third degree except 8 that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 9 a fine of up to $25,000.00 may be imposed; 10 (12) Marijuana in a quantity of less than one ounce including any 11 adulterants or dilutants, or hashish in a quantity of less than five grams 12 including any adulterants or dilutants, is guilty of a crime of the fourth 13 degree; 14 (13) Any other controlled dangerous substance classified in 15 Schedule I, II, III or IV, or its analog, is guilty of a crime of the third 16 degree, except that, notwithstanding the provisions of subsection b. of 17 N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or 18 (14) Any Schedule V substance, or its analog, is guilty of a crime 19 of the fourth degree except that, notwithstanding the provisions of 20 subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be 21 imposed. 22 c. Where the degree of the offense for violation of this section 23 depends on the quantity of the substance, the quantity involved shall 24 be determined by the trier of fact. Where the indictment or accusation 25 so provides, the quantity involved in individual acts of manufacturing, 26 distribution, dispensing or possessing with intent to distribute may be 27 aggregated in determining the grade of the offense, whether 28 distribution or dispensing is to the same person or several persons, 29 provided that each individual act of manufacturing, distribution, 30 dispensing or possession with intent to distribute was committed 31 within the applicable statute of limitations. 32 (cf: P.L.1997, c.186, s.3) 33 34 2. This act shall take effect immediately. SENATE JUDICIARY COMMITTEE STATEMENT TO SENATE COMMITTEE SUBSTITUTE FOR SENATE, No. 1252 STATE OF NEW JERSEY DATED: JUNE 22, 2000 The Senate Judiciary Committee reports favorably a Senate committee substitute for Senate Bill No. 1252. SCS for S1252 would increase the penalties for the distribution, manufacture or possession with the intent to distribute 3,4- methylenedioxymethamphetamine (MDMA or "Ecstasy") and 3,4- methylenedioxyamphetamine (MDA). Specifically, the committee substitute would make the illegal manufacture, distribution, dispensing or possession with intent to distribute a first degree crime if the quantity involved is five ounces or more. The term of imprisonment must include the imposition of a minimum term of one-third to one- half of the sentence imposed, during which the defendant would be ineligible for parole. If the quantity involved in the offense is one-half ounce or more but less than five ounces, it would be a crime of the second degree. If the quantity involved is less than one-half ounce, it would be a third degree crime. This substitute is identical to Assembly Committee Substitute for Assembly Bill Nos. 2629 and 2589. P.L. 2000, CHAPTER 55, approved July 3, 2000 Senate Committee Substitute for Senate, No. 1252 1 AN ACT concerning certain controlled dangerous substances and 2 amending N.J.S.2C:35-5. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. N.J.S.2C:35-5 is amended to read as follows: 8 2C:35-5. Manufacturing, Distributing or Dispensing. a. Except 9 as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be 10 unlawful for any person knowingly or purposely: 11 (1) To manufacture, distribute or dispense, or to possess or have 12 under his control with intent to manufacture, distribute or dispense, a 13 controlled dangerous substance or controlled substance analog; or 14 (2) To create, distribute, or possess or have under his control with 15 intent to distribute, a counterfeit controlled dangerous substance. 16 b. Any person who violates subsection a. with respect to: 17 (1) Heroin, or its analog, or coca leaves and any salt, compound, 18 derivative, or preparation of coca leaves, and any salt, compound, 19 derivative, or preparation thereof which is chemically equivalent or 20 identical with any of these substances, or analogs, except that the 21 substances shall not include decocainized coca leaves or extractions 22 which do not contain cocaine or ecogine, or 3,4- 23 methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, 24 in a quantity of five ounces or more including any adulterants or 25 dilutants is guilty of a crime of the first degree. The defendant shall, 26 except as provided in N.J.S.2C:35-12, be sentenced to a term of 27 imprisonment by the court. The term of imprisonment shall include the 28 imposition of a minimum term which shall be fixed at, or between, 29 one-third and one-half of the sentence imposed, during which the 30 defendant shall be ineligible for parole. Notwithstanding the 31 provisions of subsection a. of N.J.S.2C:43-3, a fine of up to 32 $500,000.00 may be imposed; 33 (2) A substance referred to in paragraph (1) of this subsection, in 34 a quantity of one-half ounce or more but less than five ounces, 35 including any adulterants or dilutants is guilty of a crime of the second 36 degree; 37 (3) A substance referred to paragraph (1) of this subsection in a 38 quantity less than one-half ounce including any adulterants or dilutants 39 is guilty of a crime of the third degree except that, notwithstanding the 40 provisions of subsection b. of N.J.S.2C:43-3, a fine of up to EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. SCS for S1252 2 1 $75,000.00 may be imposed; 2 (4) A substance classified as a narcotic drug in Schedule I or II 3 other than those specifically covered in this section, or the analog of 4 any such substance, in a quantity of one ounce or more including any 5 adulterants or dilutants is guilty of a crime of the second degree; 6 (5) A substance classified as a narcotic drug in Schedule I or II 7 other than those specifically covered in this section, or the analog of 8 any such substance, in a quantity of less than one ounce including any 9 adulterants or dilutants is guilty of a crime of the third degree except 10 that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 11 a fine of up to $75,000.00 may be imposed; 12 (6) Lysergic acid diethylamide, or its analog, in a quantity of 100 13 milligrams or more including any adulterants or dilutants, or 14 phencyclidine, or its analog, in a quantity of 10 grams or more 15 including any adulterants or dilutants, is guilty of a crime of the first 16 degree. Except as provided in N.J.S.2C:35-12, the court shall impose 17 a term of imprisonment which shall include the imposition of a 18 minimum term, fixed at, or between, one-third and one-half of the 19 sentence imposed by the court, during which the defendant shall be 20 ineligible for parole. Notwithstanding the provisions of subsection a. 21 of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed; 22 (7) Lysergic acid diethylamide, or its analog, in a quantity of less 23 than 100 milligrams including any adulterants or dilutants, or where 24 the amount is undetermined, or phencyclidine, or its analog, in a 25 quantity of less than 10 grams including any adulterants or dilutants, 26 or where the amount is undetermined, is guilty of a crime of the 27 second degree; 28 (8) Methamphetamine, or its analog, or phenyl-2-propanone 29 (P2P), in a quantity of five ounces or more including any adulterants 30 or dilutants is guilty of a crime of the first degree. Notwithstanding the 31 provisions of subsection a. of N.J.S.2C:43-3, a fine of up to 32 $300,000.00 may be imposed; 33 (9) (a) Methamphetamine, or its analog, or phenyl-2-propanone 34 (P2P), in a quantity of one-half ounce or more but less than five 35 ounces including any adulterants or dilutants is guilty of a crime of the 36 second degree; 37 (b) Methamphetamine, or its analog, or phenyl-2-propanone 38 (P2P), in a quantity of less than one-half ounce including any 39 adulterants or dilutants is guilty of a crime of the third degree except 40 that notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 41 a fine of up to $75,000.00 may be imposed; 42 (10) (a) Marijuana in a quantity of 25 pounds or more including 43 any adulterants or dilutants, or more than 50 marijuana plants, 44 regardless of weight, or hashish in a quantity of five pounds or more 45 including any adulterants or dilutants, is guilty of a crime of the first 46 degree. Notwithstanding the provisions of subsection a. of SCS for S1252 3 1 N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed; 2 (b) Marijuana in a quantity of five pounds or more but less than 25 3 pounds including any adulterants or dilutants, or 10 or more but fewer 4 than 50 marijuana plants, regardless of weight, or hashish in a quantity 5 of one pound or more but less than five pounds, including any 6 adulterants and dilutants, is guilty of a crime of the second degree; 7 (11) Marijuana in a quantity of one ounce or more but less than 8 five pounds including any adulterants or dilutants, or hashish in a 9 quantity of five grams or more but less than one pound including any 10 adulterants or dilutants, is guilty of a crime of the third degree except 11 that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 12 a fine of up to $25,000.00 may be imposed; 13 (12) Marijuana in a quantity of less than one ounce including any 14 adulterants or dilutants, or hashish in a quantity of less than five grams 15 including any adulterants or dilutants, is guilty of a crime of the fourth 16 degree; 17 (13) Any other controlled dangerous substance classified in 18 Schedule I, II, III or IV, or its analog, is guilty of a crime of the third 19 degree, except that, notwithstanding the provisions of subsection b. of 20 N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or 21 (14) Any Schedule V substance, or its analog, is guilty of a crime 22 of the fourth degree except that, notwithstanding the provisions of 23 subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be 24 imposed. 25 c. Where the degree of the offense for violation of this section 26 depends on the quantity of the substance, the quantity involved shall 27 be determined by the trier of fact. Where the indictment or accusation 28 so provides, the quantity involved in individual acts of manufacturing, 29 distribution, dispensing or possessing with intent to distribute may be 30 aggregated in determining the grade of the offense, whether 31 distribution or dispensing is to the same person or several persons, 32 provided that each individual act of manufacturing, distribution, 33 dispensing or possession with intent to distribute was committed 34 within the applicable statute of limitations. 35 (cf: P.L.1997, c.186, s.3) 36 37 2. This act shall take effect immediately. 38 39 40 41 42 Increases the criminal penalties for manufacture or distribution of 43 MDMA, known as "ecstasy," and MDA. CHAPTER 55 AN ACT concerning certain controlled dangerous substances and amending N.J.S.2C:35-5. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:35-5 is amended to read as follows: Manufacturing, distributing or dispensing. 2C:35-5. Manufacturing, Distributing or Dispensing. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely: (1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or (2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance. b. Any person who violates subsection a. with respect to: (1) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed; (2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree; (3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed; (4) A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants is guilty of a crime of the second degree; (5) A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed; (6) Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine, or its analog, in a quantity of 10 grams or more including any adulterants or dilutants, is guilty of a crime of the first degree. Except as provided in N.J.S.2C:35-12, the court shall impose a term of imprisonment which shall include the imposition of a minimum term, fixed at, or between, one-third and one-half of the sentence imposed by the court, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed; (7) Lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine, or its analog, in a quantity of less than 10 grams including any adulterants or dilutants, or where the amount is undetermined, is guilty of a crime of the second degree; (8) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed; (9) (a) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of P.L. 2000, CHAPTER 55 2 one-half ounce or more but less than five ounces including any adulterants or dilutants is guilty of a crime of the second degree; (b) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed; (10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or more than 50 marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed; (b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree; (11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; (12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree; (13) Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or (14) Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed. c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possession with intent to distribute was committed within the applicable statute of limitations. (cf: P.L.1997, c.186, s.3) 2. This act shall take effect immediately. Approved July 3, 2000. PO BOX 004 TRENTON, NJ 08625 Office of the Governor CONTACT: Jayne O’Connor 609-777-2600 NEWS RELEASE Chuck Davis (OAG) 609-292-4761 RELEASE: July 3, 2000 Governor Signs Law Mandating Tougher Sentences for Ecstasy Drug Gov. Whitman today signed into law legislation that strengthens the criminal penalties for possessing and selling the "club drug" Ecstasy (MDMA), placing the prison sentences for those offenses on a par with that of cocaine and heroin. Noting the rising popularity and the harmful effects of the drug, including death, the Governor said the new law would make it a first degree crime to manufacture, distribute, dispense or possess with the intent to distribute Ecstasy. The Governor said that anyone who possesses five ounces or more of the drug would face a maximum 20 years in prison and a fine of up to $500,000. "Today, on the eve of Independence Day, we continue our fight against dependency - drug dependency - by taking up arms against Ecstasy," the Governor said. "Because the use of Ecstasy is growing - but is not yet as common as other drugs - we are doing something now. The legislation that becomes law today gives our law enforcement officers a new weapon to prevent an explosion in the use of this drug." Under the bill signed into law, S-1252, defendants could face charges of a first, second or third degree, depending on the quantity of pills possessed. If a person is charged with possessing one- half ounce or less, the charge would be a third degree, punishable by up to five years in prison. If the charge is possessing between one-half ounce and five ounces, the charge is a second degree offense, punishable by up to 10 years in prison. If a person is charged with possessing five ounces or more, it would be a first degree offense, punishable by up to 20 years in prison. Five ounces of Ecstasy represents approximately 500 pills. Previously, a person found guilty of possessing any amount of the drug, whether two pills or 20,000 pills, could only be charged with a third-degree offense, which does not guarantee any jail time. "The new law puts Ecstasy dealers on notice: we won't tolerate trafficking in this drug, and we will punish you severely if you do," said Gov. Whitman. "This new law sends a message to New Jersey's young people as well: stay away from Ecstasy. In fact, stay away from all drugs," said the Governor. "A quick thrill isn't worth the threat of long- term damage to your health and your future." The Governor thanked the members of the Legislature for their overwhelming support of the bill, and singled out Senators Inverso and Robertson and Assemblymen DiGaetano and Gregg, who sponsored the bill in their respective houses. First Assistant Attorney General Paul Zoubek thanked Governor Whitman and the Legislature for acting so responsively on the bill. "Whenever law enforcement has come to the Governor and Legislature to ask for a new tool to battle crime or drugs, the response has been immediate and non-partisan," Zoubek said. He noted that in the three weeks since the Governor proposed strengthening the law against Ecstasy, state and local law enforcement officials have been busy combating Ecstasy use. He said that law enforcement officials had either made arrests and/or taken action against licensed establishments in Atlantic, Mercer, Middlesex and Ocean counties. In addition, the state Division of Alcoholic Beverage Control (ABC) closed down the night club Delirium in Margate as a result of arrests made at the bar for the possession and distribution of Ecstasy. Zoubek also noted that starting this past Saturday the Attorney General's Office began running a radio announcement statewide warning young people about the physiological and psychological dangers of Ecstasy. Also, the office has designed a poster for distribution to licensed beverage establishments and teen clubs that do not serve alcohol indicating that narcotics officers will be working undercover in heightened enforcement details throughout the summer. "As the summer season goes into high gear this week, we want New Jersey's young people -- and their parents -- to understand that Ecstasy is not a benign drug. The law the Governor signed today clearly acknowledges that fact," Zoubek said. # # # For more information on Ecstasy (MDMA), a fact sheet from the state Department of Health and Senior Services is available on the department's Web site at: www.state.nj.us/health/as/ecstacy.htm.