Conspiracy to Distribute a Controlled Dangerous Substance ("CDS")

Accomplished Criminal Lawyers & Former Prosecutors That Defend Conspiracy To Distribute CDS Charges Throughout New Jersey

A common basis for a NJ conspiracy charge is distribution of a controlled dangerous substance. An indictment or criminal charge for this offense applies when someone enters into an agreement to aid or assist in the sale or distribution of marijuana, heroin, cocaine, mdma, methamphetamine, lsd or other drugs. This is an indictable crime of the first degree, second degree, third degree or fourth degree that can result in extremely serious consequences since the violation is always a felony that carries in years in prison and thousands in fines. If you were charged with conspiracy to distribute cds or drugs anywhere in New Jersey, it is exceptionally important to hire a capable criminal defense lawyer. The attorneys at our firm are highly qualified to represent you in this role.

We are the Law Offices of Jonathan F. Marshall, one of the largest criminal firms in New Jersey. More importantly, our team has uniquely impressive credentials that include:

  • Collective experience handling New Jersey CDS Distribution Charges for over 200 years
  • 10 lawyers that dedicate their practices exclusively to criminal defense
  • Former County Prosecutors that served at Directors of Major Crimes, Narcotics Task Force, Special Operations, Juvenile Unit and even an entire Trial Division
  • Certified Criminal Trial Attorneys
  • A long and consistent history of success in defending drug offenses involving cocaine, heroin, lsd, Fentanyl and other forms of CDS

If you would like the opportunity to speak to a talented attorney about an arrest, contact our office anytime of day or night for a free consultation.  A lawyer with the know-how you need is available immediately at 877-450-8301 to assist you.

New Jersey Conspiracy to Distribute CDS Offense

An individual can be arrested for distribution of CDS even though they were not found in possession or in the process of selling drugs. The reason why this can occur is because New Jersey allows for accomplice liability if someone conspires to assist or aid in a transaction to distribute, sell or possess CDS with intent to distribute.

A person commits the offense of conspiracy to distribute drugs in violation of N.J.S.A. 2C:5-2 if they possess a purpose or intent to promote or facilitate the sale, distribution or possession with intent to distribute CDS by either:

  1. Agreeing with another person(s) to distribute drugs, attempt to engage in this conduct or solicit another person to sell CDS; or
  2. Agreeing to aid another person(s) in planning or act of selling or distributing drugs, or attempting to commit or soliciting another to commit this offense.

Under the NJ Conspiracy Law, every individual who conspires to distribute, sell or possess CDS with intent to distribute are subject to prosecution as if they actually committed the crime and the same penalties as the ultimate actor.

Penalties for Conspiracy to Distribute Drugs/CDS in New Jersey

As a general rule, a person who conspires in this manner is guilty of the same grade of offense as the person who actually consummate or attempted to commit the transaction. The primary exception to this rule concerns the reduction in treatment from a first degree crime to a second degree crime when someone conspires to sell or distribute a quantity of CDS that would otherwise form the basis for a first degree crime such as 25 pounds or more of marijuana, 5 ounces or more of heroin/cocaine/mdma/methamphetamine or 100 milligrams or more of LSD. The following are the penalties that apply in this context:

  • Conspiracy to Distribute CDS as a Second Degree Crime. 5-10 years in prison a fine of up to $150,000 ($200,000 for prescription legend drugs like Xanax, Fentanyl, Suboxone and Oxycodone/Oxycontin)
  • Conspiracy to Distribute CDS as a Third Degree Crime. 3-5 years in prison and a fine of up to $75,000 ($200,000 for prescription legend drugs and $25,000 for marijuana)
  • Conspiracy to Distribute CDS as a Fourth Degree Crime. Up to 18 months in prison and a fine of up to $10,000 ($25,000 for Schedule V Drugs).

There are many defenses that our talented defense attorneys can utilize, cultivate and exploit on your behalf in hopes of avoiding a conviction for conspiracy. There are also several diversion programs such as Pretrial Intervention and Drug Court that can allow an individual to avoid prosecution for this offense.

Statewide Defense

New Jersey Conspiracy to Distribute CDS Defense Lawyers

If you are facing a criminal charge for conspiracy stemming from allegations that you aided or assisted in the distribution or sale of drugs, you absolutely need the very best criminal attorney you can find to handle your case. Failure to secure an acquittal, diversion of your case or a significant downgrade will leave you with a felony that will impact your life for many years, if not permanently. You will also be subject to dire penalties, including significant periods of incarceration. An accomplished New Jersey drug offense lawyer like those at the Law Offices of Jonathan F. Marshall is capable of providing the opportunity to avoid a conviction that you absolutely deserve.  Our team has been successfully defending conspiracy to distribute drugs cases for decades throughout the state, including in:


Call us at 877-450-8301 for a free consultation anytime 24/7 to discuss any facet of your charges, including an upcoming initial appearance or detention hearing. One of our lawyers will be more than happy to assist you.