Charged with Possessing Marijuana?
One of the more prevalent disorderly persons offenses heard in Municipal Court is possession of marijuana. If you were arrested or charged with possession of less than 50 grams of marijuana, our law firm, the Law Offices of Jonathan F. Marshall, is ready to assist you. Lets face it; no one needs a criminal record—let alone one involving possession of drugs.That said, our attorneys stand a good chance of eliminating this possibility. Our defense team is comprised of four lawyers that possess over sixty years of experience handling marijuana offenses throughout NJ, including Monmouth County, Ocean County, Middlesex County, Union County, Mercer County, Essex County, Hudson County and Morris County. A lawyer is available immediately to answer your questions and provide direction in this confusing time. Reach an attorney 24/7 for a free initial consultation at 1-877-450-8301.
Possession of Less than 50 Grams of Marijuana – N.J.S.A. 2C:35-10(a)(4)
When police claim that someone possessed marijuana in a quantity of less than 50 grams, the law that governs the charge is N.J.S.A. 2C:35-10(a)(4). This law provides that it is “unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance . . . [and that] possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly persons.”
Penalties for Possession of Marijuana in Amount Less than 50 Grams
- Monetary Fines & Assessments. An individual found guilty of disorderly persons possession of marijuana is subject to a fine of up to $1,000, as well as certain mandatory state assessments (i.e. $50 VCCB, $75 Safe Neighborhood Services Fund, and $33 for court costs).
- Jail and/or Probation. An individual is subject to up to six (6) months in jail upon conviction for possessing less than 50 grams. The Court may also impose a period of probation, including random drug testing and other conditions, for this disorderly persons offense.
- Drivers License Suspension. In accordance with N.J.S.A. 2C:35-16, an individual is subject to a CDS drivers license suspension of at least six (6) month if convicted for possessing marijuana. The marijuana need not be possessed in a motor vehicle for the revocation to apply as is the case of possession of CDS in a motor vehicle under N.J.S.A. 39:4-49.1.
- Community Service. An individual must perform 100 hours of community service if he or she possessed the marijuana or hashish within 1,000 feet of a school or school bus.
Conditional Discharge for First Time Offenders
If an individual has no previous drug conviction nor prior diversion (e.g. conditional discharge, pretrial intervention, or similar program in another state), they are eligible for Conditional Discharge. This program requires an individual to remain arrest free for a period, typically one year, as well as comply with any other requirements during this period (e.g. submit drug free urine samples). Upon completion of the conditional discharge period, the original complaint is dismissed.
Please do not hesitate to contact our office if you or a loved one was charged with marijuana possession as one of our attorneys would be happy to assist you. Our lawyers are accessible 24/7 to provide you with the guidance you need.