Revisions to the Attorney General Guidelines for the Retention of Evidence – Accordingly, notwithstanding the provisions of Section 3(b) of the Evidence Retention Guidelines, after a conviction, a County Prosecutor, or the Director of the Division of Criminal Justice in cases prosecuted by the Division, may
authorize in writing the destruction of all or any portion of the excess quantity of
controlled dangerous substances.
For purposes of this provision, the term “excess quantity of controlled dangerous substances” means that portion of the aggregate quantity of controlled dangerous substance seized that exceeds the statutory amount threshold set forth in N.J.S. 2C:35-5b. for the highest degree of crime for which the defendant was convicted (e.g., any amount of seized cocaine in excess of five ounces in the case of a first-degree cocaine conviction), except that with respect to a first-degree conviction for manufacturing, distributing, or possession with intent to distribute marijuana in violation of N.J.S. 2C:35-b.(10)(a), the term means any amount that exceeds five pounds, or 10 plants.
2C:35-5. Manufacturing, distributing or dispensing
b.(3) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree.
Revisions to the Attorney General Guidelines for the Retention of Evidence – Accordingly, notwithstanding the provisions of Section 3(b) of the Evidence Retention Guidelines, after a conviction, a County Prosecutor, or the Director of the Division of Criminal Justice in cases prosecuted by the Division, may
authorize in writing the destruction of all or any portion of the excess quantity of
controlled dangerous substances.
For purposes of this provision, the term “excess quantity of controlled dangerous substances” means that portion of the aggregate quantity of controlled dangerous substance seized that exceeds the statutory amount threshold set forth in N.J.S. 2C:35-5b. for the highest degree of crime for which the defendant was convicted (e.g., any amount of seized cocaine in excess of five ounces in the case of a first-degree cocaine conviction), except that with respect to a first-degree conviction for manufacturing, distributing, or possession with intent to distribute marijuana in violation of N.J.S. 2C:35-b.(10)(a), the term means any amount that exceeds five pounds, or 10 plants.
2C:35-5. Manufacturing, distributing or dispensing
b.(3) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree.