While a few states have moved forward with legalization, New Jersey still prosecutes marijuana possession and use just as it has been for decades. As one of the most commonly used drugs in New Jersey, charges for Marijuana Possession are some of the most common in the state. However, while it may be common, that does not detract from the severity of the consequences that coincide with a conviction for marijuana possession. While being under the influence of marijuana or possessing less than 50 grams are both disorderly persons offenses, possession an amount of marijuana that exceeds 50 grams is an indictable offense (commonly referred to as a felony) in Atlantic City, Absecon, Hamilton, Somers Point, Mullica, Pleasantville, and Egg Harbor City. Specifically, marijuana possession over 50 grams fourth-degree indictable offense under N.J.S.A. 2C:35-5 and carries up to an eighteen (18) months of incarceration and a $25,000.00 fine. The possibility of jail, while less likely, still exists even for a disorderly persons offense, as marijuana possession under 50 grams or being under the influence of marijuana carries up to six (6) months in an Atlantic County Jail. For immediate assistance and consultation with an Atlantic County Criminal Attorney, contact the Law Offices of Jonathan Marshall today. Our Atlantic County Office can be reached day and night at (877)450-8301 for your convenience.
Galloway NJ Marijuana Charges
Pursuant to N.J.S.A. 2C:35-10(a)(1), “it is unlawful for any person, knowingly or purposefully, to obtain, or to possess, actually or constructively, a controlled substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized.”
Being Under the Influence of Marijuana in Mullica NJ
In addition to straight possession charges, N.J.S.A. 2C:35-10 also prohibits the actual use or consumption of marijuana. Specifically, N.J.S.A. 2C:35-10(b) states that: “Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person”. This means that if you are arrested at a party or stopped during for a motor vehicle violation, you could be charged criminally if the officer determines that you are under the influence of a controlled dangerous substance, and be cited for CDS in a motor vehicle, marijuana in particular. These charges are more difficult to defend against as the State need only prove that you manifested physical and physiological symptoms or reactions caused by the use of marijuana in order to obtain a conviction. Typically, officers are trained in drug recognition procedures that allow them to make determinations regarding your physical or mental state.
Indictable Marijuana Possession Charges in Atlantic County NJ
Marijuana Possession charges will either be an indictable offense or a non-indictable offense, based solely on the amount of drugs found in your possession at the time of the arrest. What this means is the if the marijuana weighs fifty (50) or more grams or you possessed more than five (5) grams of hashish, than you will be facing a felony fourth-degree indictable offense in New Jersey. However, if the marijuana weighs any amount below fifty (50) grams, or you possess five (5) grams or less of hashish than you will be charged with a misdemeanor non-indictable disorderly persons offense in New Jersey. The disorderly persons offense will be handled at the municipal court for the town where the offense took place while the indictable offense will be heard at the Atlantic County Superior Court.
Marijuana Possession Conviction and Sentence
A fourth-degree conviction for marijuana or hashish possession carries up to eighteen (18) months in jail and a $25,000.00 fine. Alternatively, a disorderly persons offense for possession of 50 grams or less of marijuana or five grams or less of hashish will expose you to up to six (6) months in the Atlantic County Jail and up to a $1,000.00 fine. In addition to these statutorily prescribed sanctions, the judge will also suspend your license to drive for up to two (2) years.
Also, if your charges occurred while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform at least 100 hours of community service.
Atlantic City NJ Marijuana Distribution Lawyer
Distribution of Marijuana or Possession With Intent to Distribute Marijuana is an indictable offense in New Jersey. As such, N.J.S.A. 2C:35-5 charges for either of these offenses will be handled by the Atlantic County Superior Court located at 4997 Unami Blvd. Mays Landing, NJ 08330. As an indictable offense, drug distribution charges involving marijuana could carry a sentence as high as 20 years in a New Jersey State Prison and a $300,000 fine. The degree and severity of your charges will depend on the weight and volume of marijuana involved. Your criminal charges could range anywhere between a crime in the first, second, third or fourth degree. Drug distribution charges are incredibly severe and should be treated as such. The Law Offices of Jonathan F. Marshall is a New Jersey Criminal Defense Law Firm that focuses its practice strictly on criminal law. Our firm has a team of criminal trial attorneys, some of which are former prosecutors themselves, who are experienced in handling drug-related crimes. For an immediate consultation, contact our Atlantic County Office at (877)450-8301 and speak with an Atlantic County Criminal Lawyer today.
N.J.S.A. 2C:35-5 Marijuana Distribution
In New Jersey, it is unlawful for a person to knowingly or purposely manufacture, distribute or dispense, or possess or have under his or her control with the intent to distribute or dispense a controlled dangerous substance or controlled dangerous substance analog. What is a controlled dangerous substance? Controlled Dangerous Substances refer to a list proscribed substances set forth under the Controlled Substances Act. Marijuana is a Schedule I drug under this act.
Possession With Intent To Distribute Marijuana Egg Harbor Township NJ
Under N.J.S.A. 2C:35-5, it is also illegal to “possess marijuana with intent to distribute it”. If you were caught with a large amount of marijuana and other instruments of distribution such as ziploc bags and scales then you could be charged for possession with intent to distribute. Possession with intent to distribute requires that Atlantic County Prosecutor prove the following: that you: 1) possessed marijuana or at least had it in your control; 2) you knew that the substance was marijuana; and 3) you possessed the marijuana with an intent to distribute it.
Felony Marijuana Distribution Charges Galloway NJ
As mentioned above, Marijuana Distribution is either a first-degree offense, second-degree offense, third-degree offense or fourth-degree offense. If the amount of marijuana involved equates to twenty-five (25) pounds or more or fifty (50) or more marijuana plants, regardless of weight, or hashish in weighing five (5) pounds or more, then you will be charged with a First Degree Marijuana Distribution.
If the amount of Marijuana found during the arrest reaches a quantity of at least five (5) pounds but less than twenty-five (25) pounds, or ten (10) or more but fewer than fifty (50) marijuana plants or hashish weighing at least of one (1) pound but less than five (5) pounds, then you will be charged with Second Degree Marijuana Distribution.
If the amount of Marijuana found during the arrest weighs between one (1) ounce and five (5) pounds, or between five (5) grams and one (1) pound of hashish, then you will be indicted for Third Degree Marijuana Distribution.
Lastly, if the amount of Marijuana found during the arrest reaches a quantity of less than one (1) ounce, or hashish in a quantity of less than five (5) grams than you are facing Fourth Degree Marijuana Distribution charges in Atlantic County.
Marijuana Distribution Penalties Hammonton NJ
First Degree Marijuana Distribution carries up to twenty (20) years in a New Jersey State Prison, and a fine up to $300,000.00. Second Degree Marijuana Distribution carries up to ten (10) years in a New Jersey State Prison, and a fine up to $150,000.00. Third Degree Marijuana Distribution carries up to five (5) years in a New Jersey State Prison and a fine up to $25,000.00. Finally, Fourth Degree Marijuana Distribution carries up to eighteen (18) months in a New Jersey State Prison and a fine up to $1,000.00.
If you or someone you love were arrested and charged with marijuana possession in Hammonton, Egg Harbor Township, Northfield, Brigantine or Pleasantville it is in your best interests to consult with a criminal attorney. The Law Offices of Jonathan F. Marshall is a firm the focuses its practice on criminal defense and has years of experience to show for it. Our team of criminal trial attorneys have over 100 years of cumulative legal experience and are ready to put our resources to work for you. If you were charged with N.J.S.A. 2C:35-10 and would like to speak with a criminal attorney about your options, contact our Atlantic County Office today at (877)450-8301. Our firm can be reached day and night for your convenience.