New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3877

Introduced
5/22/23  

Caption

Requires grading of offenses involving manufacturing, distributing, and dispensing heroin based on dosage units in addition to weight.

Impact

If enacted, S3877 would establish a new classification system for heroin offenses. Under this system, individuals charged with manufacturing, distributing, or possessing with the intent to distribute heroin will face more severe penalties based on the number of dosage units involved. The proposed grading scheme is as follows: possessing 50 grams or more or 2,500 dosage units would be classified as a crime of the first degree; quantities between two grams and 50 grams, or 100 to 2,500 dosage units would be a crime of the second degree; and possessing two grams or less or 100 dosage units or fewer would be classified as a crime of the third degree.

Summary

Senate Bill 3877 seeks to amend current laws governing drug-related offenses specifically regarding heroin. The bill requires that offenses involving the manufacturing, distributing, and dispensing of heroin be graded not only based on weight but also on a new measurement criterion - the number of dosage units. This change is significant as it aims to rectify the perceived leniency in current laws where heroin offenses might have been treated less severely than those involving cocaine, given the differing pharmacological effects per weight unit.

Contention

The addition of dosage units as a grading factor has sparked varying opinions. Supporters argue that it addresses the disproportionate treatment of heroin versus other drugs like cocaine, aligning penalties more closely with the drug's impact on health and society. On the flip side, critics may raise concerns about potential overreach in penalizing individuals, especially if the new classifications lead to harsher sentences for minor infractions. This debate reflects broader discussions about drug policy and reform in the context of public health and safety.

Companion Bills

NJ A5371

Same As Requires grading of offenses involving manufacturing, distributing, and dispensing heroin based on dosage units in addition to weight.

Previously Filed As

NJ S2035

Requires grading of offenses involving manufacturing, distributing, and dispensing heroin based on dosage units in addition to weight.

NJ S1551

Increases penalties for certain heroin offenses by revising threshold amounts for first, second, and third degree crimes of manufacturing, distributing, and dispensing heroin.

NJ S57

Increases penalties for unlawfully manufacturing, distributing, or dispensing fentanyl.

NJ A700

Increases penalties for unlawfully manufacturing, distributing, or dispensing fentanyl.

NJ S2067

Increases penalty for crime of manufacturing, distributing, or dispensing certain Schedule I or II controlled dangerous substances.

NJ A3695

Increases penalty for crime of manufacturing, distributing, or dispensing certain Schedule I and II controlled dangerous substances.

NJ A679

Allows certain drug dealing offenses to be graded by "units," rather than weight, of controlled dangerous substances.

NJ A485

Requires public safety risk assessment to include additional consideration for firearms as public safety risk.

NJ S4149

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

NJ A4094

Upgrades penalties for certain crimes involving heroin and fentanyl; establishes new crimes concerning heroin mixtures; allows certain defendants to be eligible for drug court.

Similar Bills

CA AB1612

Disposition of controlled substances.

MA H2227

Replacing archaic and stigmatizing language for substance use

US HB830

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MI HB4948

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NJ S829

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1617

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1203

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.

NJ S2271

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.