State v. Dillihay

The Legislature clearly intended to create drug-free school zones through enactment of N.J.S.A. 2C:35-7 (Section 7). To accomplish that task, the Legislature made drug offenses carried out in school zones separately-punishable crimes, and increased mandatory-minimum penalties for drug transactions in school zones. In eliminating the separate school-zone violations through the doctrine of merger, the Court has turned the law on its head and created free-crime zones out of school yards.

Despite its assertion to the contrary, ante at 55, 601 A.2d at 1155, the majority permits a heroin pusher in a…