Marijuana Possession

Camden County Marijuana Possession Attorneys

Marijuana possession, while relatively common in Camden County, remains to be a criminal offense in the state of New Jersey. Marijuana falls under Schedule I of the Controlled Dangerous Substance Act and cannot be legally possessed, absent a medical marijuana card, under any circumstance. When someone possesses this drug and is caught, they face the violation set forth under N.J.S.A. 2C:35-10 of the NJ Criminal Code. This violation can result in a disorderly persons offense or a felony of the fourth degree depending on the weight/quantity possessed. If you have been charged with possession of marijuana in Bellmawr, Collingswood, Haddonfield, Lindenwold or another jurisdiction in Camden, our criminal attorneys can help you. Whether the possession was in a house, apartment, car or on your person, you are entitled to protection from unreasonable search and seizure.  If law enforcement violated one of these constitutional protections, rest assured, our criminal attorneys and former prosecutors will fight to get the charge dismissed. At the Law Offices of Jonathan F. Marshall, our attorneys have decades and thousands of case under their belts and know the best approaches for success. Contact our office to speak with a qualified attorney today at 856-662-8300.

Marijuana Possession Charge in Cherry Hill NJ

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.” In order to prove an individual like you guilty of possession of marijuana contrary to 2C:35-10 the prosecutor in Cherry Hill or another court must establish that you: (1) knowingly or purposely possessed; (2) marijuana; and (3) the substance was not obtained in accordance with a valid prescription (i.e. medical marijuana card). While marijuana is a Schedule I drug, the statute specifically establishes less stringent penalties for marijuana than other substances falling under Schedule I, II, III, IV, and V.

Winslow Township Possession Of Marijuana Offense

Constructive possession has proven to be a complicated aspect of this offense. Courts have found that physical or manual control over item itself is not required for constructive possession. Instead, all that is necessary is an intention to exercise control over an item, which can be proven through circumstances that reasonably infer a capacity to do so exists.

In addition to possession, N.J.S.A. 2C:35-10 also sets out guidelines for individuals who are under the influence of any controlled dangerous substance. Pursuant to N.J.S.A. 2C:35-10(b), “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”. Here, it is not necessary for the State to prove that the defendant did use or was under the influence of any specific drug, rather for a conviction it is sufficient for the State to prove that the defendant violated this statute by proving that the defendant manifested physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog. This gives the State greater latitude in proving that the defendant was in fact under the influence.

Gloucester Township Marijuana Possession Penalties

Marijuana Possession charges are graded in Gloucester Township and elsewhere in New Jersey as follows:

  • Fourth Degree Crime

    Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish, is a fourth-degree crime.

  • Disorderly Persons Offense

    It is a disorderly persons offense to possess 50 grams or less of marijuana,  five grams or less of hashish, or to uses or be under the influence of any controlled dangerous substance.

A fourth-degree crime for possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish may result in up to eighteen (18) months in jail as well as a fine up to $25,000.00 as prescribed by N.J.S.A. 2C:35-10(a)(3). A disorderly persons offense for possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish may result in up to six (6) months in jail and up to a $1,000.00 fine.

Pennsauken Marijuana Possession In A School Zone Violation

In addition to the above mentioned penalties, any person who commits any offense defined under N.J.S.A. 2C:35-10 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.

Voorhees NJ Marijuana Defense Lawyers

There is no question that marijuana possession represents the largest category of drug cases heard in the municipal courts in Camden County. The next most common offense is possession of drug paraphernalia. If you were arrested or are otherwise face a charge of possession of marijuana, call our office at 856-662-8300 for immediate assistance.  Our attorneys will thoroughly review the facts surrounding your stop, search or any other relevant circumstances and determine the best course of action to protect you. Sometime this will involve contesting the arrest altogether and in others, it will involve effective negotiating. We are equipped to successfully handle your case under either scenario. The initial consultation is free of charge so give us a call.