Marijuana Distribution Defense Lawyer in Hudson County With Offices In Jersey City & Hoboken
One of the more common Hudson County drug charges handled by our attorneys is marijuana distribution. Selling, distributing or possession with intent to distribute marijuana is a felony despite all of the publicity concerning legalization of this controlled dangerous substance (“CDS”). A conviction for this type of conduct at the Hudson County Superior Court in Jersey City results in a record, the possibility of a length prison sentence, drug testing, community service, a driver’s license suspension and thousands of dollars in fines.
The statute governing marijuana distribution in New Jersey is N.J.S.A. 2C:35-5. As you will learn from the information on this page, this offense can result in a first degree, second degree, third degree or fourth degree crime depending on the quantity of marijuana possessed and the location of defendant at the time of their arrest (i.e. school zone or public park). The ramifications of a conviction for distribution of marijuana or a synthetic cannabinoid are significant irrespective of the degree of your violation so selecting the best attorney you can afford is important.
The marijuana distribution lawyers at the Law Office of Jonathan F. Marshall has the knowledge and experience to thoroughly protect your interests. Our team is comprised of ten (10) lawyers, most of whom are former prosecutors with at least fifteen (15) years of experience, that have a long track record of successfully defending clients charged with marijuana distribution in Hudson County towns like Union City, Secaucus, Hoboken, North Bergen, Bayonne and Jersey City. If you would like a free initial consultation to discuss you case, contact our Jersey City office directly at (201) 309-0500.
Jersey City NJ Possession With Intent to Distribute Marijuana Defense Lawyers
As you previously stated, the law that is directed at distribution of drugs in Hudson County and elsewhere in the state is N.J.S.A. 2C:35-5. This statute criminalizes the manufacturing, distributing, dispensing or possession of marijuana with intent to distribute. A similar law is contained at N.J.S.A. 2C:35-5.3 where the substance is a synthetic cannabinoid. The language of both statutes, as well as case law such as State v. Reed, 34 N.J. 554, 557 (1961), requires that the conduct be intentional in order for either offense to be committed.
When someone engages in conduct that violates 2C:35-5 and the quantity is twenty-five (25) pounds or more, it results in a first degree crime. Distribution of a quantity that is at least five (5) pounds but less than twenty-five (25) pounds is a second degree crime. Selling or possessing marijuana with intent to distribute in a quantity of at least one (1) ounce but less than five (5) pounds is a third degree crime. It is a fourth degree crime to distribute or sell less than an ounce of marijuana in violations of 2C:35-5.
You should also know that there are additional ramifications from marijuana distribution when the conduct occurs within one-thousand (1,000) feet of a school zone or within five-hundred (500) feet of a public park. There is also escalation in the charges when someone possesses a handgun, shotgun or other firearm while engaging in CDS activities in violation of N.J.S.A. 2C:39-4.1.
Penalties for Distributing Marijuana in Jersey City, Hoboken, Secaucus or Another Municipality in Hudson County
The table below outlines the penalties that apply if you are convicted of distribution of marijuana at the county courthouse in Jersey City.
First Degree Crime
Second Degree Crime
|Third Degree Crime||$25,000|
|Fourth Degree Crime||$10,000|
Up to 18 Months
In addition to the fines and period of imprisonment that may be imposed, an individual found guilty for distributing marijuana faces a mandatory suspension of their driver’s license for six (6) to twenty-four (24) months.
If the defendant is convicted of distributing marijuana within 1000 feet of a school (i.e. in a school one) or within 500 feet of a public park or housing complex, the defendant is subject to enhanced penalties such as a mandatory minimum term of imprisonment and period of parole ineligibility consistent State v. Brimage, 153 N.J. 1 (1998).
Depending on the facts of your case and prior criminal record, you may be eligible for Pretrial Intervention (“PTI”). PTI is a diversionary program that allows a defendant to complete a probationary period in lieu of being prosecuted for CDS distribution or other felony criminal offense. Another program that can be utilized by our lawyers to avoid jail/prison and other penalties is Drug Court.
Attorneys at the Law Offices of Jonathan F. Marshall, 574 Newark Avenue, Suite 204A, Jersey City, NJ, and at 500 Harrison Street, Suite 401, Hoboken, NJ, are ready to discuss the Hudson County distribution of marijuana charge filed in Kearny, Secaucus, Weehawken, Jersey City, North Bergen, Guttenberg, West New York, Union City, Hoboken, East Newark, Bayonne or Harrison. Call 201-309-0500 for immediate guidance from a highly knowledgeable marijuana distribution attorney.
Hudson County NJ Marijuana Defense Attorney
As you can tell from above, anyone convicted of distributing marijuana in Hudson County faces life changing penalties, including lengthy state prison sentences. The marijuana defense attorneys at the Law Offices of Jonathan F. Marshall have the experience and skills required to protect your future. We fully understand that ramifications that a conviction for distributing marijuana in New Jersey can have on your ability to obtain meaningful employment, a professional license or renew a Green Card or Visa. The severity of the consequences for possessing marijuana with the intent to distribute make it imperative that you speak to an experienced drug defense attorney immediately. The marijuana distribution lawyers in NJ at our firm fully understand the New Jersey drug laws and are ready to provide a free initial consultation. To speak to an attorney anytime 24/7, call our Jersey City or Hoboken Office. A lawyer is available now at (201) 309-0500.