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  1. #1
    Join Date
    Feb 2007

    Default Maintaining a CDS Production Facility - NJSA 2C:35-4

    Its a manufacturing charge. Ive posted on the board in the past when I had my "problem" Something good has happened the state police sent back the actual weight of what was found and its under felony status. There is still the issue of the 1st degree manufacturing charge. I had a closet in my attic wrapped in plastic with a light and a fan in it. Ive looked into it, somewhat, the third degree for that charge says under 10 plants. I had none, no seeds no dirt no water no high electric bill. Any one out there have any idea what is the worst possible scenario that could come out of having the closet upstairs? Got a great lawyer, but he has no clue when it comes to the whole "grow room thing" Ever heard of someone getting busted with an empty room? This has to have happened to someone before.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Maintaining a CDS Production Facility - NJSA 2C:35-4

    If they have the case that you were set up with the intent of manufacturing drugs, I don't think it matters that you hadn't quite started to do so. The statute only requires that you "maintain" or "operate" the facility - you apparently didn't operate it, but you apparently did maintain it.
    Quote Quoting NJSA 2C:35-4. Maintaining or operating a controlled dangerous substance production facility
    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.

  3. #3
    Join Date
    Feb 2007

    Smile Update: NJ 2/07 Posession/Maintaining CDS Production Facility

    For those who recall, I got alot of good info off this board and I'd like to share the outcome. Original charges. #1 Posession of over 50 grams w/intent to distribute within 1000 feet of a school. #2 Maintaining a CDS production facility.
    Final charge. Possession of less than 50 grams no intent to distribute.
    Sentence 364 days county jail, 3 years probation.

    Pot came back from the State Police Lab, with an actual weight under 50 grams! That info didnt come out until after the grand jury the info the grand jury got was that we had over 50 grams. DONT EVER TAKE A PLEA WITHOUT HAVING SEEN THE FINAL DISCOVERY YOU MIGHT BE SURPRISED WHAT YOU FIND ! The room in the attic which had a 600 watt HPS light and a fan did not constitute maintaining a CDS production facility, so that was dropped. The school that is in the area is a little over a thousand feet, so that went out the window too.

    I go in for sentencing on January 25. The state recommended the 364 but the judge has the final word. I got really good letters from a Detective in town, my boss and my ex-wife to whom I pay child support for my daughter, maybe theres a chance he just adds on to my probation or community service.

    Thanks to everyone who gave me any input.

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