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?
| Zone | Statute | Grade |
|---|---|---|
| Within 1,000 ft of school property or on a school bus | 2C:35-7 | Third degree |
| Within 500 ft of public housing, a public park, or a public building | 2C:35-7.1 | Second degree (third degree for less than 1 oz of marijuana) |
| Simple possession on or near school property | 2C:35-10 | Adds 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
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.
- 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
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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.