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Maintaining a Controlled Dangerous Substance (CDS) Production Facility

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Ocean County and New Jersey.

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Defense Lawyers for Drug Production and Growing Marijuana in Ocean County, New Jersey

The maintenance and operation of a drug production facility in New Jersey is one of the most severe crimes in our state. In fact, the state legislature has made the use of a production facility a first degree crime – this is the same as rape or murder! This action was taken by state legislators in an attempt to target the epidemic of the ever-growing drug distribution market in the tri-state area; a market that supplies among the highest demands in the United States. Many people imagine that a production facility of controlled dangerous substances (CDS) is a secret chemical lab tucked away in a shed or abandoned warehouse brewing up meth, ecstasy, and other narcotic cocktails. This is usually not the case. The most common type of production facility found in the State of New Jersey is for Cultivation of Marijuana. NJ’s warm growing season and rich soils are quite favorable for the outdoor cultivation of marijuana. This makes the state a popular spot for large operations maintained by “professionals” as well as teenagers who are looking to experiment, smoke their own grow, and earn a little bit of cash on the side.

Additionally, the cultivation of marijuana indoors has become more popular in recent years. This is due to a year-round harvest, better technology, and the fact that growers believe there is less of a chance of getting caught. Indoors or outside, however, every year our criminal defense attorneys are contacted by clients who have been arrested for growing marijuana in Ocean County and throughout New Jersey. Each year, state and local police as well as the New Jersey Marijuana Eradication Squad monitor nurseries, suspicious internet purchases, and even electric bills to track down suspected growers. If you are facing charges for maintaining or operating a controlled dangerous substance production facility, then regardless of the circumstances of your case, you can be sure that our drug crime attorneys are experienced in defending clients against these types of charges and are here to help you. At the Law Offices of Proetta & Oliver, we represent clients throughout Ocean County and New Jersey, including Toms River, Plumsted Township, Little Egg Harbor, Stafford Township, Lacey Township, Brick Township, Jackson, and Lakewood. To speak with an experienced Ocean County criminal defense lawyer and construct a case strategy customized to meet your needs, contact us today at (848) 238-2100 for a free initial consultation. Our phones are answered 24/7.

Maintaining or Operating a CDS Production Facility in New Jersey: N.J.S.A. 2C:35-4

The New Jersey statute for operating or maintaining a CDS production facility applies not just to the cultivation of marijuana, but also to the production of all drugs that are labeled Schedule I or II in the New Jersey CDS Schedule. This statute includes drugs such as cocaine, phencyclidine, heroin, flunitrazepam, marijuana, methamphetamine, gamma hydroxybutyrate and lysergic. The law clearly states that any individual who operates and maintains, or in other ways aids the production such as financing or promoting will be subject to the mandatory penalties contained within N.J.S.A. 2C:35-4. Under this statute it is a first degree indictable crime to operate a drug product facility in New Jersey. A first degree offense is punishable by 10 – 20 years in state prison. This includes a presumption of incarceration for even a first time offender. Additionally, if convicted, the court will sentence you to serve a period of 1/3 – 1/2 the incarceration without the ability of parole. To make matters worse, under the Brimage Guidelines, if you have any prior offenses for distribution of CDS then you will sentenced to an extended term of incarceration in addition to all other penalties.

Toms River NJ Maintaining a CDS Production Facility Attorneys

As you can see from the above discussion, if you are accused of maintaining or operating a drug production facility in Ocean County, the penalties to which you are exposed are serious. Considering the consequences of a conviction, you need a serious criminal defense attorney to combat the state’s case against you and defend your interests. At the Law Offices of Proetta & Oliver, we have defended our clients against thousands of drug charges including maintaining a CDS production facility and growing marijuana throughout Ocean County. To learn more about your rights and potential representation, contact our offices in Toms River for a customized case strategy at (848) 238-2100 for a free consultation with an experienced Ocean County drug charges lawyer.

Collateral Issues for New Jersey Drug Offenses

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