On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County.
Before Judges Muir, Jr., Kestin, and Steinberg.
The opinion of the court was delivered by: Muir, Jr., J.A.D.
Argued December 10, 1997 -
This is a case of statutory construction. It requires us to determine whether possession of two saran wrapped sheets of blotter paper perforated into 100 separate sections, each imprinted with smiley faces, a conventional medium utilized for dispensing lysergic acid diethylamide, but devoid of LSD, constitutes possession of an imitation controlled dangerous substance as criminalized by N.J.S.A. 2C:35-11.
The trial court concluded the sheets of blotter paper fell within the intendment of the statute and adjudicated M.G. delinquent on charges of possession that would have constituted a violation of the statute if committed by an adult. M.G. appeals from the ensuing order of adjudication which imposed five years of probation, appropriate monetary assessments, and a six-month driver's license suspension.
M.G.'s contentions on appeal are:
A JUDGMENT OF ACQUITTAL SHOULD HAVE BEEN ENTERED FOR THE JUVENILE SINCE THE PAPER WHICH HE POSSESSED WAS NOT AN "IMITATION CONTROLLED DANGEROUS SUBSTANCE."
A. There Was No "Substance" In This Case Which Fits Under The Statutory Definition Of Imitation Controlled Dangerous Substance.
B. In New Jersey, Blotter Paper Is Not An "Adulterant Or Dilutant" Which Should Be Weighed With LSD To Determine The Degree Of The Offense.
C. Alternatively, Even If Blotter Paper Is An "Adulterant Or Dilutant" Which Should Be Weighed With The LSD In Order To Determine The Degree Of The Offense, Blotter Paper Without LSD On It Nevertheless Is Not An Imitation Controlled Dangerous Substance.
On July 18, 1995, Israel Brown, an undercover narcotics agent aided by a confidential informant, arranged to purchase LSD from A.K. The parties met in a Kmart parking lot in Elmwood Park. Brown purchased two tabs or hits of LSD (blotter paper saturated with a total of .1 gram of LSD) from A.K., R.K., and a third individual believed to be M.G. Brown encouraged A.K. to call him to arrange future sales.
On July 19, 1995, A.K. called Brown and arranged to consummate another sale of LSD. This time, Brown told A.K. he wanted to purchase two sheets of LSD containing 100 hits per sheet plus four hits of the drug to sample.
Brown arrived at the Kmart parking lot around 8 p.m. Wired with a transmitter to record his conversations, Brown also arranged for ...