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School-Zone and Park-Zone Drug Charges in New Jersey

Last reviewed . Law current as of October 2026.

Distributing or possessing with intent to distribute drugs within 1,000 feet of school property or on a school bus is a third-degree crime under N.J.S.A. 2C:35-7. Within 500 feet of public housing, a public park, or a public building, it is a second-degree crime under N.J.S.A. 2C:35-7.1, lower for small amounts of marijuana.

Key takeaways

  • Distributing within 1,000 feet of school property or on a school bus is a separate third-degree crime (N.J.S.A. 2C:35-7).
  • It is no defense that school was not in session or that you did not know where the boundary was.
  • A judge may waive or reduce the minimum term, except for offenses on school property or a school bus.

What is a school-zone drug charge (1,000 ft), and what is the 500-foot charge?

Drug-free zone offenses
ZoneStatuteGrade
Within 1,000 ft of school property or on a school bus2C:35-7Third degree
Within 500 ft of public housing, a public park, or a public building2C:35-7.1Second degree (third degree for less than 1 oz of marijuana)
Simple possession on or near school property2C:35-10Adds at least 100 hours of community service if no jail

What defenses apply to a school-zone charge?

  • The measurement or official map is wrong
  • The property does not qualify
  • No intent to distribute
  • The underlying search was unlawful
  • 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.

  • Intent to distribute

    How New Jersey grades possession with intent to distribute by drug and weight under N.J.S.A. 2C:35-5, how intent is proven, and aggregation rules.

  • 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.

Frequently asked questions

Does it matter if school was not in session?

Not as a defense. N.J.S.A. 2C:35-7(d) says it is no defense that school was not in session, that no juveniles were present, or that you did not know you were within 1,000 feet. Whether school was in session and whether children were present are factors a judge weighs in deciding whether to waive or reduce the mandatory minimum, except for offenses on school property or a school bus.

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.

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