New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5371

Introduced
5/8/23  

Caption

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

Impact

The introduction of this bill addresses a significant discrepancy in the treatment of heroin versus cocaine under current law. Historically, the regulations have treated both substances similarly, despite the pharmacological differences in their effects based on weight. For instance, the bill outlines that someone possessing 50 grams or more of heroin will be guilty of a first-degree crime, whereas the same weight in cocaine, particularly under current provisions, would hold different implications. This new classification aims to provide harsher penalties for distributing heroin, considering its more potent effects relative to its weight.

Summary

Bill A5371, introduced in the New Jersey Legislature, aims to amend existing statutes relating to the grading of offenses concerning the manufacturing, distributing, and dispensing of heroin. The primary change established by this bill is that these offenses will now be evaluated based on both the weight of heroin and the number of dosage units involved. This dual grading system reflects the reality that a greater number of smaller units of heroin can lead to more severe pharmacological effects, raising the stakes in terms of public health implications.

Contention

There are potential points of contention surrounding A5371, particularly regarding how the new grading system could either positively or negatively impact the judicial process. Supporters of the bill argue that this reform could lead to more appropriate sentencing that better matches the societal consequences of heroin use and distribution. However, critics may express concerns about the implications this law could have on the already strained criminal justice system, such as the risk of overcrowding in prisons due to harsher penalties for drug-related offenses. Furthermore, debates may arise regarding the effectiveness of punitive measures versus rehabilitative approaches in addressing drug addiction.

Companion Bills

NJ S3877

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

Previously Filed As

NJ A343

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

NJ S3877

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

NJ S190

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

NJ S1218

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

NJ S1918

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

NJ A2473

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

NJ A806

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

NJ A714

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

NJ A5855

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

NJ S442

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

Similar Bills

NJ S190

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

NJ A343

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

NJ S3877

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

NJ S166

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

NJ A784

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

NJ A2174

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

NJ S2492

Enhances penalties for distribution and manufacture of certain amounts of fentanyl.

NJ A5649

Enhances penalties for distribution and manufacture of certain amounts of fentanyl.