The vast majority of the marijuana crimes in New Jersey involve a small amount weed, usually 3 grams or less. Our office handles a large number of cases involving motor vehicle stops where the marijuana is found stashed in the car – in these cases it is typical to see companion charges such as Possession of CDS in a Motor Vehicle and Drug Paraphernalia. A conviction for simple possession of marijuana will result in a permanent criminal record and potential probation and up to 6 months in county jail. At the Law Office of Proetta & Oliver we defend clients against marijuana charges throughout New Jersey including Cranford, Clark, Linden, Roselle, Rahway, Elizabeth, and Westfield. As founding attorney, Will Proetta, Esq., has handled thousands of criminal and municipal charges including numerous cases involving possession of marijuana. If you would like a to speak with an experienced marijuana defense lawyer then contact our Cranford Office at (908) 838-0150 for a free consultation.
N.J.S.A. 2C:35-10(a)(4) Possession of Marijuana under 50 Grams
Marijuana is the most common drug in New Jersey and therefore the scope of law it falls under is very broad. Marijuana charges vary in severity from the amount in possession, your intent to distribute, and whether not you are in a school zone or public park. The New Jersey statute for simple possession of marijuana is provided in pertinent part below for your convenience:
§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition
(4) Possession of fifty (50) grams of less of marijuana, including any adulterants or dilutants, is a disorderly persons offense.
Simply put, a marijuana charge of less than 50 grams is a disorderly persons offense – which is equivalent to a misdemeanor. As mentioned above disorderly persons offenses carry up to 6 months in jail but additional penalties apply because it is a drug related offense. For example, if convicted, you would face a two year of loss of driver’s license and thousands in fines and mandatory assessments to the state. You will face additional penalties if you are charged with ancillary offenses such as:
Conditional Discharge of Marijuana Possession in NJ
In addition to the possible defenses that can be used to successfully fight marijuana charges in New Jersey, the conditional discharge program provides another avenue through which to get marijuana charges dismissed. If you have no prior criminal record and have been arrested for possession of marijuana under 50 grams, you may be eligible for conditional discharge. If you successfully complete the probationary period, which requires you don’t get arrested or fail a random drug test, the original marijuana charge is dismissed and you are able to avoid having a conviction on your record. You are also eligible to expunge the record of the underlying arrest 6 months after succesfully completing the conditional discharge program. Our experienced marijuana lawyers will examine your specific case to identify which route is best to pursue a dismissal. We have assisted countless clients charged with marijuana possession in NJ and we ensure you are informed and engaged through every step of the legal process.
Clark NJ Marijuana Possession Attorney
When it comes to simple possession of marijuana the law does not differentiate the difference between a roach and an ounce of marijuana. Possession of marijuana, just like all drugs charges can be very complicated because of suppression issues including probable cause of the stop, search and seizure violations, incriminating statements, and analytical testing of any substance confiscated. Our firm has plenty of experience in addressing these very issues by successfully arguing and suppressing illegally obtained evidence. If you would like to speak with an experienced marijuana defense attorney contact our office today at (908) 838-0150 for a free consultation.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted