2C:35-4. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), any person who knowingly maintains or operates any premises, place or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which 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, the court may also impose a fine not to exceed $750,000.00 or five times the street value of all controlled dangerous substances, controlled substance analogs, gamma hydroxybutyrate or flunitrazepam at any time manufactured or stored at such premises, place or facility, whichever is greater.
Notes of Decisions
United States v. Julio Aviles, Sr., 938 F.3d 503 (3rd Cir. 2019).
· cites it 10× “§ 2C:35- 7, (2) operation of a controlled substance production facility in violation of N.J. Stat. § 2C:35-4, and (3) possession of a dangerous substance with intent to distribute or manufacture in violation of Md.”
State v. Boone, 180 A.3d 1110 (N.J. 2017).
“In February 2013, a grand jury charged Boone with first-degree operating a facility used to manufacture a controlled substance, contrary to N.J.S.A. 2C:35-4 (count one); second-degree possession of cocaine with the intent to distribute, contrary to N.”
State v. Melendez, 186 A.3d 284 (N.J. Super. Ct. App. Div. 2018).
“1 ; two counts of third-degree possession of Buprenorphine and Oxycodone, N.J.S.A. 2C:35-10(a)(1) ; fourth-degree unlawful possession of a prescription legend drug, Yohimbine, in five or more dosage units, N.”
State of New Jersey v. Daniel Mordente, 133 A.3d 684 (N.J. Super. Ct. App. Div. 2016).
“The first-degree charge of operating a marijuana production facility, N.J.S.A. 2C:35-4, and three other related lesser drug charges were dismissed.”
State of New Jersey v. Jean C. Gonzalez-Rosario (N.J. Super. Ct. App. Div. 2024).
· cites it 9× “A-2408-21 7 define the terms, "maintain" and "continuity of use," in its jury charge on the offense of maintaining a CDS production facility under N.J.S.A. 2C:35-4. Following oral argument on the petition, the court issued a well-reasoned written opinion addressing and rejecting…”
State v. Brown, 199 A.3d 822 (N.J. Super. Ct. App. Div. 2018).
“The charges included first-degree operation of a facility for manufacturing heroin, N.J.S.A. 2C:35-4 (count one); second-degree possession of heroin with intent to distribute, N.”
State of New Jersey v. Marvin Goodwin (N.J. Super. Ct. App. Div. 2025).
· cites it 3× “2C:33-30 (count two); and second-degree conspiracy to distribute controlled dangerous substances (CDS) and/or maintain or operate a CDS production facility, in violation of N.J.S.A. 2C:35-4, -5(a)(1), -5(b)(1), -5(b)(4), and N.”
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