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New Jersey takes distribution of marijuana or intent to distribute marijuana very seriously. The penalties for distribution of marijuana depend on the quantity of marijuana involved, which ultimately determines the degree of the crime, but sentences can range from mandatory prison, court ordered drug counseling, probation, loss of license, and thousands in fines. William A. Proetta, Esq., is a criminal defense attorney who has been representing clients throughout New Jersey for years charged with marijuana distribution, cocaine possession and prescription drug crimes. Drug crimes often have complicated suppression issues that must be litigated by an experienced criminal lawyer such as probable cause for the stop, search and seizure of evidence, reliability of informants, and proper indexing and testing of substances found. We represent clients who have been charged with marijuana distribution throughout New Jersey including Union Twp, Clark, Roselle Park, Scotch Plains, Cranford, Westfield and Springfield. Give us a call today at (908) 838-0150 for a free consultation with a marijuana distribution lawyer at our Cranford office.
Possession of marijuana with intent to distribute is governed by N.J.S. 2C:35-5 which provides in pertinent part:
§ 2C:35-5. Manufacturing, distributing or dispensing
a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
b. Any person who violates subsection a. with respect to:
(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;
(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;
(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.
Degree of Crime |
Amount of Marijuana |
State Prison Sentence |
|---|---|---|
| 4th Degree | Less than an ounce of marijuana | Up to 18 months in state prison |
| 3rd Degree | More than an ounce but less than 5 pounds of marijuana | Between 3 – 5 years in state prison |
| 2nd Degree | More than 5 lbs but less than 25 lbs of marijuana; 11 – 49 marijuana plants | 5 – 10 years state prison with presumption of incarceration |
| 1st Degree | 25 lbs or more; 50 or more marijuana plants | 10 – 20 years state prison with presumption of incarceration |
In addition to these above penalties, a defendant will face enhanced penalties for Distribution of Marijuana in a School Zone or Marijuana Distribution within 500 feet of a Park or Public Housing.
Hiring an experienced criminal lawyer in the early stages of your case can often greatly increase the odds of having your charge downgraded or securing your admittance into Pre-Trial Intervention to avoid a record or admittance into Drug Court to avoid a state prison sentence. An example of this would be obtaining waiver from the prosecutor to separate the aggregate weight accumulated over several purchases to get the charge downgraded. Our office represents clients for distribution of marijuana who have been charged in Cranford, Linden, New Providence, Rahway, Elizabeth, Kenilworth, and Westfield. If you would like to discuss the facts of your case in more detail then contact our office at (908) 838-0150 to speak with a marijuana distribution attorney absolutely free.
| New Jersey Marijuana Cultivation Attorney | NJ Marijuana Possession Lawyer |
| Union Twp NJ Drug Paraphernalia Lawyer | New Jersey CDS Drug Schedule |
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