Territorial Applicability of the Drug-Induced Death Statute (Part 1)

by | Jul 15, 2019 | Blog, Drug Crime

On May 20, 2019, the New Jersey Supreme Court decided the Passaic County case of State v. Noel Ferguson. The principal issue was whether the State had territorial jurisdiction to prosecute a strict-liability drug induced death charge where a defendant sells heroin in New Jersey to someone who re-sells to a victim in New York.

Justice Albin wrote for a unanimous Court and held in relevant part: We first address whether the State can exert territorial jurisdiction over Ferguson and Potts for causing the drug-induced death of Cabral. See N.J.S.A. 2C:35-9. Because Cabral’s death from ingesting heroin occurred in New York (the result element), the only remaining issue for jurisdictional purposes under N.J.S.A. 2C:1-39(a)(1) is whether Ferguson and Potts distributed the heroin in New Jersey (the conduct element). Under the Comprehensive Drug Reform Act of 1987, the term “‘distribute’ means to deliver a controlled dangerous substance.” N.J.S.A. 2C:35-2. In turn, “‘delivery’ means the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance. Ibid.

As we concluded in State v. Davis (1975), “the Legislature intended each of certain specified components of a transaction or episode leading to and including the distribution of a controlled dangerous substance to be a distinct and separate offense. “Distribution and possession are distinct criminal offenses, not only in terms of the length of time each lasts, but also in terms of what particular stage of drug trafficking each represents.” Id. at 82. Possession pertains to the “retention” of a controlled dangerous substance, even if in the hands of a seller, whereas “distribution concentrates on the final transfer to a particular party.” Ibid.

I would expect the State to argue that the focus should be on the sale that was made in New Jersey with reckless disregard for the fact that the heroin would be re-sold and that the location of the ultimate re-sale is immaterial since the underlying crime is a strict liability offense. On the other hand, that would mean that everyone involved in the distribution chain from the producer to street-level dealer could be liable for a drug-induced death. That could include hundreds of people. It is unlikely that this result was contemplated by the Legislature.

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 think Fred's alerts are a great service to his audience and a very smart marketing tool. Keep up the good work, Fred.
Charles O
Google star 1Google star 2Google star 3Google star 4Google star 5
Today my life was about to change! With great communication and excellent service he was able to create the impossible!! I am now able to continue to drive for a living!! I highly recommend his services and trust his judgment-HE KNOWS HIS STUFF!!! He saved my life and livelihood today! Mr.Frank Sisto is an absolutely amazing attorney! Thank you again I’ll never forget this day! God Bless
Edward J
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
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
Brian C
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Job! Enjoy getting the updates.
Ed R
Google star 1Google star 2Google star 3Google star 4Google star 5
He has helped numerous people stay out of trouble
Christopher B