72 | STEVENS STUDENT HANDBOOK N.J.S.A. 2C:35-3: Leader of Narcotics Trafficking Network, provides penalties for a person found to have acted as an organizer, supervisor, manager or financier of a scheme distributing any Schedules I or II drug. N.J.S.A. 2C:35-4: Maintaining or Operating a Controlled Dangerous Substance (CDS) Production Facility, provides that such conduct is a first-degree crime punishable by imprisonment and fines. N.J.S.A. 2C:35-5: Manufacturing, Distributing, or Dispensing, provides that such conduct results in imprisonment and fines. N.J.S.A. 2C:35-6: Using a Juvenile in a Drug Distribution Scheme, provides that such conduct is a second- degree crime punishable by imprisonment and fines. N.J.S.A. 2C:35-7: Drug-Free School Zones, provides that any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance within 1,000 feet of school property is guilty of a crime of the third degree. N.J.S.A. 2C:35-8: Distribution to Persons Under Eighteen, provides that such conduct carries twice the usual term of imprisonment, fines and penalty. N.J.S.A. 2C:35-9: Strict Liability for Drug-Induced Death, provides that such a situation is a first-degree crime, same as murder, but no intent need be shown, only that death resulted as a result of the use of a drug supplied by the defendant. N.J.S.A. 2C:35-10: Possession, Use, Being Under the Influence, or Failure to Make Lawful Disposition, provides that such conduct carries penalties of imprisonment and fines. Possession of anabolic steroids is a third-degree crime. N.J.S.A. 2C:35-11: Imitation Controlled Dangerous Substance (CDS), provides that dispensing or distributing a substance falsely purported to be a CDS is a third-degree crime and can carry a fine up to $200,000. Paraphernalia: Drug paraphernalia is defined “...all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance...including...roach clips...bongs...pipes...” Summary of Applicable State Laws Regarding Drug Offenses and Penalties Consumption in Public (Hoboken Ordinance. c-5: 68-13) The drinking of alcoholic beverages on the public streets of Hoboken is hereby prohibited. No person shall serve, sell, dispense, drink or consume any alcoholic beverage on a public street, highway, avenue, alley or road of the municipality, or upon any public grounds, parks, sidewalks, marine basins or in any automobile, vehicle or in any other means of transportation on said public street, highway, alley, avenue, sidewalk, park or marine basin in said municipality. Penalties for possessing and consuming alcoholic beverages in public vary from town to town. In Hoboken: • Imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners; • By a fine not exceeding $1,000; or • By a period of community service not exceeding 90 days. Hoboken Ordinance
