Who’s the Dealer when Drugs are Shared?

by | Jan 15, 2014 | Blog, Criminal Law, Drug Crime

sharing-drugsThe current heroin epidemic in our area highlights how the law defines a person who distributes (the “drug dealers”) as opposed to a person who is a user that is merely sharing a drug.

Sharing Drugs

While the law does purport to make an exception for those who share drugs, the exception is an extremely narrow one. It only applies if both individual users come into possession of the drugs at the exact same time.

The recognized scenario being a driver and front seat passenger arriving at a supplier’s location together and commingling their money in exchange for a quantity that they will consume together.

The rationale is that you cannot distribute a substance to someone who was always in joint possession of that substance, i.e. you cannot distribute a substance to someone who already possesses that very same substance.

And even under that very narrow exception, if one of the two dies of an overdose, it will be an uphill battle for the survivor to make a showing to a jury, much less to prosecutors pressured to curtail an epidemic, that both came into possession at the exact same time.

Therefore, providing an acquaintance with some of your heroin on Monday with the understanding they will give you some of what they buy on Tuesday equals both friends distributing heroin even though no money was ever exchanged. Even though both were “sharing” their own stashes with each other, the law considers them both to be drug dealers.

Longer Prison Sentences for Drug Dealers?

The point is that it is a gross over-simplification to suggest that a solution to the problem lies in longer prison sentences for dealers and mandatory rehab for users. In reality, the dealers and users are one-in-the-same and only distinguished by chance.

When dealing with an unregulated black market product like heroin, it is only by chance that the bag the user cops does not contain something that can kill him.

Since the vast majority of users will “share” their product with someone else at some point, it is only by chance that the decedent ends up being labeled a victim, as opposed to a predator.

Learn more about the Heroin Epidemic In Ocean County.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
I highly recommend attorney Fred Sisto. As an attorney myself, I have the highest confidence in his knowledge and determination to protect and defend the rights of his clients. On top of that, his responsiveness and customer service are second to none. If you find yourself needing an attorney, trust me, YOU WANT THIS GUY IN YOUR CORNER!!
Chris O
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto is very knowledgeable in the specific area of which he practices. I was beyond thankful for the end results of which could not have been achieved without Mr. Sisto's intervention.
Shawn H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very fortunate to find Attorney Fred Sisto for my legal case in Ocean County, NJ. He was thoroughly versed in the law and kept me informed at all times. When it came time for my court date, he showed up early and clearly advised me of all possible options. I could not be happier with the outcome Fred was able to negotiate for me. I highly recommend him!
Kelly L
Google star 1Google star 2Google star 3Google star 4Google star 5
I had the pleasure of dealing with Mr Sisto personally from beginning to end. He was very Professional, very clear with his communication and acted quickly to find a solution to my particular issue. I HIGHLY recommend Frederick P Sisto to any and all who need an amazing and hard working attorney...
Eddie B
Google star 1Google star 2Google star 3Google star 4Google star 5
Known this man many years extremely professional with everything he does truthfully one of the very best out there
Lukas A
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
Great guy got me out of a lot of legal trouble highly recommended.
Frank S
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V