Provides criminal and civil penalties for predatory marketing of fentanyl to minors.

A221

ASSEMBLY, No. 221

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.