Summary
The Supreme Court of New Jersey held that a defendant may be convicted under N.J.S.A. 2C:35-7.1 for possessing cocaine with intent to distribute in a public-park zone when the defendant is within the zone but the drugs are constructively possessed at a stash location outside the zone. The Court required a direct nexus between the drugs and the drug-free zone and found that the defendant's repeated transactions near the park, together with the physical and temporal proximity of the stash, satisfied that requirement. Justice LaVecchia dissented, arguing that the statute requires the contraband itself to be located within the zone and that the majority improperly expanded constructive possession.
Topics
Practice areas
Questions Presented
- Whether a defendant may be convicted under N.J.S.A. 2C:35-7.1 for constructive possession with intent to distribute when the drugs are located outside the 500-foot public-park zone but the defendant is within the zone.
- Whether the evidence established a sufficient nexus between the cocaine stash outside the park zone and Lewis's drug transactions within the zone.
Holdings
- A defendant may be convicted under N.J.S.A. 2C:35-7.1 when he constructively possesses drugs located outside the 500-foot public-park zone while conducting part of a distribution scheme within the zone. The statute does not require the drugs themselves to be physically located within the zone, but the possession must have a direct relationship or sufficient nexus to the zone.
Key quotations
“We hold that a defendant may constructively possess a controlled dangerous substance that is located outside the zone while he is within the zone.” (185 N.J. at 365)
“There must be some connection between the drugs and the zone to permit a reasonable inference that defendant constructively possessed the drugs with intent to distribute them within the drug-free zone.” (185 N.J. at 374)
“Therefore, we conclude that defendant, who sold drugs in a park zone from a stash located outside that zone, violated N.J.S.A. 2C:37-7.1a.” (185 N.J. at 375)
Factual background
Police observed Lewis conduct two apparent drug transactions within 500 feet of Eutaw Park. For each transaction, Lewis walked to a stash located outside the park zone, retrieved items, and returned to the buyers. The stash contained marijuana and crack cocaine, and Lewis discarded three marijuana vials while being detained. Expert testimony indicated that the quantities and packaging were consistent with possession for distribution.
Procedural history
A jury convicted Lewis of several marijuana and cocaine offenses. The trial court merged the convictions into the second-degree park-zone offense and imposed an extended ten-year sentence with a four-year parole disqualifier. The Appellate Division affirmed, and the Supreme Court granted limited certification. The Supreme Court affirmed the judgment of the Appellate Division.