Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Lewis B. Morrison, Defendant-Appellant

July 26, 2006188 N.J. 2

Summary

The Supreme Court of New Jersey reversed the Appellate Division and affirmed the trial court's dismissal of the distribution and strict liability for drug‑induced death charges, holding that joint possession precludes a distribution element. The Court relied on the Lopez and Swiderski principles that two persons who jointly acquire and possess a drug for personal use have not committed distribution. Justice Rivera‑Soto dissented, arguing the grand‑jury process should not be interfered with at the indictment stage.