N.J.S.2C:52-2 is amended to read as follows: 2C:52-2. Indictable Offenses. In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if: the person has been convicted of one crime under the...
Drug Crime
Changes to Marijuana-Related Expungements (Part 1)
The following amendments to the expungement statutes were approved by the New Jersey Legislature with regard to marijuana offenses. The amendments for all but two of the statutes will take effect on June 15, 2020. The amendments regarding 2C:52-5.4 (Automated "Clean...
Controlled Substance Scheduling (Part 3)
Judge Whipple continued in relevant part: And N.J.A.C. 13:45H-10.1(b) notes that "any reference in this chapter to controlled dangerous substance Schedules I, II, III, IV and V shall mean the Federal schedules promulgated at 21 C.F.R. §§ 1308.11 through 1308.15 . . ....
Controlled Substance Scheduling (Part 2)
The Appellate Division continued in relevant part: Defendant argues alpha-PVP's designation as such by the federal government does not necessarily mean the substance was in Schedule I under the CDSA. Rather, defendant contends that once the federal government...
Controlled Substance Scheduling (Part 1)
On October 28, 2019, a three-judge appellate panel decided the Bergen County case of State v. Joe Nicolas. The principal issue was whether the drug Alpha-PVP, also known as “flakka”, could be classified as illegal in New Jersey based on its federal classification at...
Territorial Applicability of the Drug-Induced Death Statute (Part 7)
Justice Albin concluded in relevant part: Under N.J.S.A. 2C:1-3(b), we cannot impute or infer a legislative purpose to prosecute a drug-induced death as a strict-liability offense in New Jersey when the direct distribution to the victim and the drug-induced death...
Territorial Applicability of the Drug-Induced Death Statute (Part 6)
The Court continued in relevant part: We therefore conclude that, here, "conduct charged" means the strict-liability offense of a drug-induced death, N.J.S.A. 2C:35-9. That offense is not punishable as a crime in New York. Therefore, New Jersey does not have...
Territorial Applicability of the Drug-Induced Death Statute (Part 5)
The New Jersey Supreme Court continued in relevant part: We do not agree with the State's textual interpretation because it defies a commonsense reading of the statute. "Different words used in the same, or a similar, statute are assigned different meanings whenever...
Territorial Applicability of the Drug-Induced Death Statute (Part 4)
The Court continued in relevant part: N.J.S.A. 2C:35-9 does not require that a defendant distribute drugs directly to the victim to be found guilty of violating the statute. A defendant can be found guilty of causing a drug-induced death even if there are intervening...
Territorial Applicability of the Drug-Induced Death Statute (Part 3)
Justice Albin continued in relevant part: Viewing the evidence in the light most favorable to the State at this procedural juncture, the State cannot establish an act of distribution by Ferguson and Potts in New Jersey that would allow the exercise of territorial...