What is NJ 2C:39-4.1 – Possession of a Weapon During CDS/Drug Offense? - Adam M. Lustberg

From Lustberg Law Offices, LLC – What is NJ 2C:39-4.1 - Possession of a Weapon During CDS/Drug Offense takes a deep dive into one of New Jersey’s most aggressively prosecuted criminal statutes. This episode unpacks the harsh penalties under N.J.S.A. 2C:39-4.1, exploring how simply having a weapon—even locked away in a vehicle or home—during a drug offense can lead to second-degree charges. Whether the weapon is a firearm, a knife, or even a common object deemed inappropriate under the circumstances, prosecutors are quick to pursue mandatory prison time. Tune in to understand the legal stakes and why these cases move swiftly through the Bergen County Superior Court.

Listeners will learn how locations like Newark Penn Station, Secaucus Junction, and Port Newark–Elizabeth Marine Terminal have become hotspots for surveillance and drug-related arrests under this statute. We examine how proximity to public spaces like Journal Square Station or the Meadowlands industrial district can elevate charges, especially when law enforcement connects alleged distribution activity to weapons found in homes, vehicles, or commercial properties. From the elements the prosecution must prove to the implications of the Spivey Doctrine, this episode provides a critical look at how constructive possession is used to tie weapons to narcotics activity.

We break down the core elements the State must prove under N.J.S.A. 2C:39-4.1(a), including what qualifies as a firearm, how possession is legally defined in New Jersey, and what constitutes being in the course of a predicate drug crime. You’ll also learn about the exhaustive list of drug crimes that trigger this charge—ranging from N.J.S.A. 2C:35-3 (leader of a narcotics trafficking network) to N.J.S.A. 2C:35-11 (distribution of imitation CDS)—and how prosecutorial discretion plays a key role in these high-stakes cases.

Finally, the episode explores proven defense strategies, from challenging the legality of the search and suppressing evidence, to attacking the underlying predicate offense and the State’s theory of possession. Learn how the Spivey Doctrine shapes courtroom arguments and how a strong legal team can seek Graves Act waivers to reduce or avoid mandatory sentencing. Hosted by Certified Criminal Trial Attorney Adam M. Lustberg, founder of Lustberg Law Offices, LLC, this episode delivers powerful insights for anyone facing allegations under N.J.S.A. 2C:39-4.1—or simply looking to understand one of the state’s most complex legal statutes.

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