STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblyman Inganamort
SYNOPSIS
Provides criminal and civil penalties for predatory marketing of fentanyl to minors.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning controlled dangerous substances, amending N.J.S.2C:36-4 and P.L.2001, c.114, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person commits predatory marketing of fentanyl to minors, a crime of the first degree, if the person manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense fentanyl in violation of N.J.S.2C:35-5, and the fentanyl:
(1) appears in a manner that is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or its packaging, including but not limited to, any shape that resembles an animal, vehicle, building or structure, person, character, or trademarked logo, symbol, or design;
(2) resembles or is modeled after food, beverages, or other non-controlled substances that are primarily consumed by, marketed to, or attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including but not limited to products that resemble candy;
(3) resembles a controlled or non-controlled substance or product with ingredients that do not include fentanyl, including but not limited to prescription medication, over-the-counter medication, or cannabis;
(4) is packaged in violation of any packaging or labeling requirement enforced by the United States Food and Drug Administration, the Drug Enforcement Administration in the United States Department of Justice, or the Drug Control Unit of the Division of Consumer Affairs in the State Department of Law and Public Safety; or
(5) is advertised using any means of audience targeting or selection on any advertising medium, platform, or channel, where the intended audience includes minors.
b. There shall be a presumption, rebuttable by clear and convincing evidence, that a person has violated subsection a. of this section if the person has been convicted of violating N.J.S.2C:35-6, N.J.S.2C:35-7, or N.J.S.2C:35-8 where the offense involved the distribution of fentanyl.
c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of N.J.S.2C:35-5, N.J.S.2C:35-6, N.J.S.2C:35-7, or N.J.S.2C:35-8.
d. Notwithstanding the provisions of N.J.S.2C:43-3 or any other provisions of law, upon conviction for a violation of subsection a. of this section, the court shall impose a term of imprisonment of 30 years, during which the person shall not be eligible for parole, or the court may impose a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.
2. Section 3 of P.L.2001, c.114 (C.2C:35B-3) is amended to read as follows:
3. As used in [this act] P.L.2001, c.114 (C.2C:35B-1 et seq.):
a. “Marketing of controlled dangerous substances” means the illegal distributing, dispensing, or possessing with intent to distribute, a specified controlled dangerous substance.
b. “Individual user of controlled dangerous substance” means the individual whose illegal use of a specified controlled dangerous substance is the basis of an action brought under this act.
c. “Level 1 offense” means:
(1) possessing with intent to distribute less than four ounces of a specified controlled dangerous substance as defined in this section;
(2) distributing or dispensing less than one ounce of a specified controlled dangerous substance as defined in this section;
(3) possessing with intent to distribute 25 or more but less than 50 marijuana plants;
(4) possessing with intent to distribute less than four pounds of marijuana, or
(5) distributing or dispensing more than 28.5 grams of marijuana.
d. “Level 2 offense” means:
(1) possessing with intent to distribute four ounces or more but less than eight ounces of a specified controlled dangerous substance as defined in this section;
(2) distributing or dispensing one ounce or more but less than two ounces of a specified controlled dangerous substance as defined in this section;
(3) possessing with intent to distribute 50 or more but less than 75 marijuana plants;
(4) possessing with intent to distribute four pounds or more but less than eight pounds of marijuana, or
(5) distributing or dispensing more than one pound but less than five pounds of marijuana.
e. “Level 3 offense” means:
(1) possessing with intent to distribute eight ounces or more but less than 16 ounces of a specified controlled dangerous substance as defined in this section;
(2) distributing or dispensing two ounces or more but less than four ounces of a specified controlled dangerous substance as defined in this section;
(3) possessing with intent to distribute 75 or more but less than 100 marijuana plants;
(4) possessing with intent to distribute eight pounds or more but less than 16 pounds of marijuana, or
(5) distributing or dispensing more than five pounds but less than 10 pounds of marijuana.
f. “Level 4 offense” means:
(1) possessing with intent to distribute 16 ounces or more of a specified controlled dangerous substance as defined in this section;
(2) distributing or dispensing four ounces or more of a specified controlled dangerous substance as defined in this section;
(3) possessing with intent to distribute 100 or more marijuana plants;
(4) possessing with intent to distribute 16 pounds or more of marijuana, or
(5) distributing or dispensing more than 10 pounds of marijuana.
g. “Participate in the illegal marketing of controlled dangerous substances” means to transport, import into this State, distribute, dispense, sell, possess with intent to distribute, or offer to distribute a controlled dangerous substance, in violation of any of the provisions of chapter 35 of Title 2C of the New Jersey Statutes. “Participate in the marketing of controlled dangerous substances” does not include the purchase or receipt of a controlled dangerous substance for personal use only.
h. “Person” means any natural person, association, partnership, corporation or other entity.
i. “Period of illegal use” means, in relation to the individual user of a controlled dangerous substance, the time of the individual’s first illegal use of a controlled dangerous substance to the accrual of the cause of action.
j. “Place of illegal activity” means, in relation to the individual user of a specified controlled dangerous substance, each county in which the individual illegally possess or uses a specified controlled dangerous substance.
k. “Place of participation” means, in relation to a defendant in an action brought under this act, each county in which the defendant participates in the marketing of controlled dangerous substances.
l. “Specified controlled dangerous substance” means heroin, cocaine, lysergic acid diethylamide, phencyclidine, methamphetamine, phenyl-2-propanone (P2P), fentanyl, and any other controlled dangerous substance specified under the provisions of N.J.S.2C:35-5 as being unlawful to manufacture, distribute, or dispense, or to possess or have under a person’s control with intent to manufacture, distribute or dispense.
m. “Accidental use or exposure” means, in relation to a minor or individual user of a controlled dangerous substance, a person who unknowingly ingested a specified controlled dangerous substance due to the marketing of controlled dangerous substances by means of predatory marketing.
n. “Predatory marketing” means the marketing of specified controlled dangerous substances that:
(1) appears in a manner that is likely to appeal to minors due to the shape, color, taste, or design of the specified controlled dangerous substance or its packaging, including but not limited to, any shape that resembles an animal, vehicle, building or structure, person, character, or trademarked logo, symbol, or design;
(2) resembles or is modeled after food, beverages, or other non-controlled substances that are primarily consumed by, marketed to, or attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including but not limited to products that resemble candy;
(3) resembles a controlled or non-controlled substance or product with ingredients that do not include the specified controlled dangerous substance, including but not limited to prescription medication, over-the-counter medication, or cannabis;
(4) is packaged in violation of any packaging or labeling requirement enforced by the United States Food and Drug Administration, the Drug Enforcement Administration in the United States Department of Justice, or the Drug Control Unit of the Division of Consumer Affairs in the State Department of Law and Public Safety; or
(5) is advertised using any means of audience targeting or selection on any advertising medium, platform, or channel, where the intended audience includes minors.
(cf: P.L.2001, c.114, s.3)
3. Section 4 of P.L.2001, c.114 (C.2C:35B-4) is amended to read as follows:
4. A person who knowingly participates in the illegal marketing of controlled dangerous substances, including by means of predatory marketing, within this State is liable for damages, as provided in this act, for injury resulting from an individual’s illegal use of a controlled dangerous substance.
(cf: P.L.2001, c.114, s.4)
4. (New section) a. An individual user of a controlled dangerous substance or a minor, through a parent or guardian, or personally upon reaching the age of majority, may bring an action for damages caused by the accidental use or exposure of a controlled dangerous substance only if all of the following conditions are met:
(1) The individual or minor personally discloses to narcotics enforcement authorities all of the information known to the individual or minor regarding all that individual’s or minor’s sources of controlled dangerous substances;
(2) The individual or minor has not illegally used a controlled dangerous substance within the 30 days before filing the action; and
(3) The individual or minor continues to remain free of the illegal use of a controlled substance throughout the pendency of the action.
b. A plaintiff entitled to bring an action under this section may seek damages from all those who participated in the illegal marketing of the controlled dangerous substance in violation of P.L.2001, c.114 (C.2C:35B-1 et seq.), including by means of predatory marketing, accidentally used by or exposed to the plaintiff.
c. A plaintiff entitled to bring an action under this section may recover:
(1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the accidental use or exposure of a controlled dangerous substance;
(2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, physical impairment, emotional distress, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual’s accidental use or exposure of a controlled dangerous substance;
(3) Punitive damages;
(4) Reasonable attorney’s fees; and
(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
d. Notwithstanding the provisions of subsection g. of N.J.S.2C:1-6 or any other provision of law, an action brought by a minor under this section shall be commenced by the later of:
(1) 10 years from the date of accidental use or exposure; or
(2) 10 years after the minor reaches 18 years of age.
5. N.J.S.2C:36-4 is amended to read as follows:
N.J.S.2C:36-4. It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication, or through the Internet, any advertisement, knowing that the purpose of the advertisement in whole or in part, is to promote the sale of objects intended for use as drug paraphernalia, or in furtherance of the predatory marketing, as such term is defined in section 3 of P.L.2001, c.114 (C.2C:35B-3), of fentanyl to minors. Any person who violates this section commits a crime of the fourth degree.
6. This act shall take effect immediately.
STATEMENT
This bill establishes criminal and civil penalties for the predatory marketing of fentanyl to minors. Under the bill, predatory marketing of fentanyl to minors is defined as the manufacturing, distributing, dispensing, or possessing with intent to distribute fentanyl, where the fentanyl:
(1) appears in a manner that is likely to appeal to minors due to the shape, color, taste, or design of the fentanyl or its packaging, including but not limited to, any shape that resembles an animal, vehicle, building or structure, person, character, or trademarked logo, symbol, or design;
(2) resembles or is modeled after food, beverages, or other non-controlled substances that are primarily consumed by, marketed to, or attractive to minors and that are commonly sold in retail establishments regardless of whether the food or beverages are generic, trademarked, or branded products, including but not limited to products that resemble candy;
(3) resembles a controlled or non-controlled substance or product with ingredients that do not include fentanyl, including but not limited to prescription medication, over-the-counter medication, or cannabis;
(4) is packaged in violation of any packaging or labeling requirement enforced by the United States Food and Drug Administration, the Drug Enforcement Administration in the United States Department of Justice, or the Drug Control Unit of the Division of Consumer Affairs in the State Department of Law and Public Safety; or
(5) is advertised using any means of audience targeting or selection on any advertising medium, platform, or channel, where the intended audience includes minors.
The bill creates a rebuttable presumption that a person has engaged in the predatory marketing of fentanyl to minors if the person has been convicted of using a juvenile in a fentanyl distribution scheme, distributing fentanyl within 1,000 feet of school property, or distributing fentanyl to persons under age 18. The bill also specifies that a conviction for predatory marketing of fentanyl to minors will not merge, for sentencing purposes, with a conviction for the underlying crime of drug distribution.
The bill provides that predatory marketing of fentanyl to minors is a crime of the first degree. A crime of the first degree is ordinarily punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. However, under the bill, the term of imprisonment is increased to 30 years, during which the person is not eligible for parole, or the court may impose a specific term of imprisonment which could be between 30 years and life imprisonment of which the person is required to serve 30 years before being eligible for parole.
The bill also amends the “Drug Dealer Liability Act,” N.J.S.A.2C:35B-1 et seq., to allow a minor or a person who accidentally uses or is exposed to fentanyl to bring a civil suit against all persons who participated in the predatory marketing of fentanyl.