New Jersey Assembly Bill A3168

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

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

Impact

Under A3168, the penalties for manufacturing, distributing, or dispensing heroin are redefined, raising the threshold for first-degree offenses which now require an individual to possess 10 grams or more of heroin (including adulterants), while manufacturing or distributing fentanyl or heroin mixtures containing fentanyl in quantities of 5 grams or more also constitutes a first-degree crime. This amendment is poised to significantly alter the landscape of drug enforcement and penalties in the state, potentially leading to higher incarceration rates for drug-related offenses and modified sentencing structures.

Summary

Assembly Bill A3168 focuses on enhancing the penalties associated with certain crimes involving heroin and fentanyl. The bill not only seeks to upgrade existing penalties for manufacturing, distributing, or dispensing heroin and fentanyl but also introduces new classifications for crimes involving heroin mixtures, providing a clearer framework for enforcement. Specifically, it addresses heroin mixed with other controlled substances, aiming to tackle the dangers posed by these combinations, particularly in light of the increasing prevalence of fentanyl in the drug market.

Contention

One of the notable points of contention surrounding A3168 is its implications for drug court eligibility. The bill shifts the eligibility for special probation to some individuals charged with first-degree offenses, provided they are not classified as drug profiteers or wholesale distributors. This has sparked debate regarding the balance between punishment and rehabilitation for drug offenders. Critics argue that while the bill aims to strengthen penalties against drug trafficking, it may inadvertently impede access to rehabilitative options for individuals grappling with addiction, as certain enhancements in punishment may overshadow opportunities for treatment.