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  1. #1
    Join Date
    Feb 2007
    Posts
    12

    Default Maintaining A CDS Production Facility, First Degree

    In NJ. Im being chaged with (1st degree) maintaining a cds production facility for having a high pressure sodium light and a fan inside a closet in my attic. have an attorney, that doesnt know too much about this subject. I had another charge along with this of possession with intent, and he did great with that but the cds production doesnt seem to be his cup of tea
    Is this a first degree crime? Anyone know of any simialar cases?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Maintaining A CDS Production Facility, First Degree

    What other evidence did they find? How did they know you weren't just growing tomatoes?

  3. #3
    Join Date
    Feb 2007
    Posts
    12

    Default Re: Maintaining A CDS Production Facility, First Degree

    The only other items taken from the home that had anything to do with a "cds production facility" would probably be a couple "High Times" magazines that were found in the bathroom, no plants no seeds no dirt no water no plumbing. I got caught with some pot, yes but I never grew or tried to grow anything in that room in the attic. Never turned the light or fan on. Ive got the electric bills to show that.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Maintaining A CDS Production Facility, First Degree

    Too bad you had the marijuana.
    Quote Quoting New Jersey Code of Criminal Justice 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.
    The statute may give your lawyer some wiggle room to argue that it's not a violation of the statute if the equipment was never put into use, although it may be enough that you had the marijuana or that you "maintained" the not-yet-operative equipment.

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