Last reviewed . Law current as of October 2026.
Possession with intent to distribute is graded by drug and quantity under N.J.S.A. 2C:35-5. For cocaine or heroin, 5 ounces or more is first degree, one-half ounce to under 5 ounces is second degree, and less than one-half ounce is third degree. Intent is usually inferred from packaging, scales, cash, or messages.
Key takeaways
- Grades under N.J.S.A. 2C:35-5 depend on the drug and the total weight, including any mixture.
- Intent is usually argued from quantity, packaging, scales, cash, messages, or statements.
- Amounts of the same drug can be aggregated when charged as one course of conduct.
What quantities make it 1st, 2nd, or 3rd degree distribution?
| Amount (including mixtures) | Grade | Notable terms |
|---|---|---|
| 5 oz or more | First degree | Parole ineligibility of one-third to one-half of the sentence; fine up to $500,000 |
| ½ oz to under 5 oz | Second degree | 5–10 years |
| Under ½ oz | Third degree | 3–5 years; fine up to $75,000 |
How do prosecutors prove intent to distribute?
- Quantity beyond personal use
- Packaging into small bags or vials
- Scales, cutting agents, ledgers
- Cash in small denominations
- Messages or statements
- Expert testimony from a police officer
Can amounts from separate sales be added together?
Quantities of the same drug from separate distributions can be combined when charged as one course of conduct, which can raise the degree.
Related guides
- CDS possession
Penalties for drug possession in New Jersey under N.J.S.A. 2C:35-10 by schedule and amount, actual vs. constructive possession, and diversion options.
- Conditional discharge
New Jersey's conditional discharge program for first-time disorderly persons drug offenses: who qualifies, supervision of up to 3 years, the $75 fee, and dismissal without a conviction.
- Marijuana law in NJ
What New Jersey's 2021 cannabis laws changed: the 6-ounce possession limit, the odor rule for searches, what is still a crime, and marijuana DWI.
- School and park zone charges
How New Jersey's 1,000-foot school zone and 500-foot public housing, park, and building zones work for drug distribution charges, and how distances are challenged.
Frequently asked questions
Can I be charged with intent to distribute without selling anything?
Yes. The charge is based on possession with intent; a completed sale is not required.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.