Constructive Possession OK for Drug Zone Prosecutions – State v. Lewis

This morning, the New Jersey Supreme Court ruled that mere constructive possession of CDS with intent to distribute in a drug-free zone is sufficient to support a conviction. In State v. Lewis, the defendant stashed his illegal drug supply outside of a public park drug-free zone, but conducted business by hawking customers and accepting their money from within the 500 foot zone. In a 5-2 decision written by Justice Wallace, the Justices ruled that the school zone and public park zone drug laws can be violated be mere constructive possession with intent to distribute, provided that there is a logical nexus between the location of the drugs and the drug-free zone.

Download a copy of The Supreme Court’s opinion in State v. Lewis

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