State v. Dillihay

The opinion of the Court was delivered by

STEIN, J.

In this case, as in State v. Brana, 127 N.J. 64, 601 A.2d 1160 (1992), also decided today, we consider the validity of the anti-merger provision of N.J.S.A. 2C:35-7, which prohibits distribution of controlled dangerous substances within a school zone, as applied to a defendant who committed first- and second-degree violations of N.J.S.A. 2C:35-5, the provision of New Jersey’s Controlled Dangerous Substances Act (the Act) that generally prohibits the manufacturing, distribution, or dispensing of controlled dangerous substances.

Violations of…