Distribution of Drugs in a School-Zone May Not Bar Drug Court

In a recent case involving 3rd degree distribution of a controlled dangerous substance (CDS), marijuana, in a school zone a defendant was denied admission into the Drug Court program and appealed. Mike Pope appealed the decision of the Sussex County Superior Court Judge based on the misapplication of the standard for ordinary probation to deny him entry into Drug Court, based on a school-zone offense, while N.J.S.A. 2C:35-14 allows school-zone offenders to be sentenced to Drug Court probation. The statute permitting entry into Drug Court applies as long as the transaction occurring within the school-zone does not involve distribution to a minor. Mark Pope pled guilty to distribution in the parking lot of Vernon High School under a negotiated settlement agreement which contemplated defendant's intent to apply to Drug Court. The Sussex County prosecutor argued that Pope's violation of N.J.S.A. 2C:35-7, involving distribution within 1000 feet of a school-zone, served as an automatic bar to defendant's entry into Drug Court. Defendant's appeal, in State v. Pope, asked the NJ Appellate Division to reconsider Pope's application to Drug Court based on the requirements of track 1 or 2 for admission. Track 1 being the commission of a crime subject to a presumption of mandatory incarceration and the satisfaction of 9 factors. Typically this is reserved for 1st or 2nd degree crimes and is done with the consent of the prosecutor. Track 2 is typically applied to those with ongoing drug habits who have not committed any form of violent offense. The NJ Appellate Judges held that the trial court misapplied the statute and remanded the matter for consideration under the appropriate criteria. A drug related conviction in NJ can have serious and lasting consequences including prison, loss of license, substantial fines and the stigma of the conviction or plea can result in the loss of certain employment or educational opportunities. If you are facing charges of use, possession or distribution of CDS including marijuana, meth, oxy, heroin, xanax or other drugs, it is critical you consult with an experienced criminal defense attorney immediately to protect your rights. For more information about prescription or non-prescription drug charges for use possession or distribution, gang-related drug charges, controlled dangerous substances in a motor vehicle, DUI and other criminal and serious municipal court matters visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

NJ Makes Plans To Curtail Prescription Drug Abuse

New Jersey is planning to slow down prescription drug abuse after a rapid rise in such abuse over the past few years. People, especially teens, have been abusing drugs including Adderall, Ritalin, codeine, methadone, fentanyl, oxycodone, vicodin, Valium, Xanax, Ambien, Lunesta at an ever increasing rate. Although these drugs are beneficial for certain conditions and there is a legitimate need for them, they are addictive and often lead to other drug use, including heroin. With fear for public safety and especially younger generations which seem to have a high percentage of addiction among users, New Jersey is considering methods, including legislation, to monitor the sale of prescription medicine. The ease of obtaining controlled dangerous substances (CDS) from corrupt doctors, phony wellness clinics and organized crime are considered the primary reasons for the rise in use of both heroin and prescription medication in the past few years. The New Jersey State Commission of Investigation has put forward recommendations in order to try and curtail distribution for inappropriate purposes throughout the state. They believe actions such as regulation of prepaid cellular phones, strengthening the state’s prescription drug monitoring system and the formation of a state strike force for drug investigations would greatly decrease the sale of these narcotics to minors. The Commission’s report includes data supporting the premise that the use by minors of prescription medication for recreational purposes often leads to trying heroin which is instantly addicting. Heroin addiction often leads to a substantial criminal history as individuals who cannot keep a job resort to shoplifting, theft, burglary and occasionally robbery in order to obtain funds to support their habit. Another frequent consequence of heroin is fatal overdose. Prescription drug charges in NJ will have a serious impact on your life including inability to obtain certain jobs and social stigma. If you are facing charges of possession or distribution in NJ you should seek an experienced attorney immediately to protect your rights. For more information on possession, distribution, possession of CDS in a motor vehicle or other serious drug charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way is it intended to replace to advice of legal counsel.