New Jersey Defense Lawyers: Marijuana Possession or Distribution
With an estimated $35 billion dollars of marijuana (“weed” or “pot”) grown in the United States each year, Marijuana is clearly the most common and widely abundant drug throughout the country. Understandably, Ocean County arrests involving marijuana are a very common occurrence. If you or a loved one has been charged or arrested for possessing or selling marijuana in Ocean County, you should contact a defense lawyer as soon as possible. Our attorneys have experience in handling marijuana complaints and indictments at every level of The New Jersey Marijuana Laws and Penalties can differ substantially depending on the type of possession, amount of marijuana, and location of your arrest. The defense attorneys at the Law Offices of Jonathan F. Marshall have extensive knowledge of NJ Marijuana Laws through the hundreds of marijuana cases we have handled over our 60 years of experience. If you would like to speak with a marijuana defense lawyer at cost, either over the phone or face to face at our Toms River office, then contact us at 1-877-450-8301.
Possession of Marijuana
Possession of Marijuana according to N.J.S.A. 2C:35-10(3), also known as “simple possession”, sets forth the respective penalties for possession depending on the amount in question. If you are arrested for possession of more than 50 grams of marijuana, or more than five grams of hashish then you will be charged with a crime of the fourth degree crime and you may be fined of up to $25,000. Possession of 50 grams or less of marijuana or less than five grams hashish is a disorderly person.
Possession of Marijuana in a School Zone
Under N.J.S.A. 2C:35-7, possessing Marijuana within 1,000 feet of a school zone is a 3rd degree crime. This provision mandates that an individual perform at least 100 hours of community service above and beyond whatever other penalties are imposed which can include at least 1 year of incarceration without parole for possession of less than 1 ounce of marijuana and at least 3 years of incarceration without parole for more than 1 ounce of marijuana. Furthermore, you can be fined up $150,000.
Possession of Marijuana in Proximity of Public Housing Facility or Park
Pursuant to N.J.S.A. 2C:35-7.1, it is a 2nd degree crime if you are arrested for possessing more than an ounce of marijuana with intent to distribute within 500 feet of a public housing project or public park. If the amount of marijuana is less than an ounce then it is a 3rd degree crime. However, unlike possession in a school zone, you are not subject to mandatory period of incarceration without the eligibility of parole.
Possession with Intent to Distribute Marijuana in New Jersey
If you are arrested and charged with manufacturing, distributing, or dispensing marijuana in New Jersey then you will be subject to significant penalties. Provided in N.J.S.A. 2C:35-5, distribution or manufacture of marijuana in a quantity of 25 pounds or more, or 50 or more marijuana plants, or more than 5 pounds of hashish is guilty of a first degree crime and you may be fined of up to $300,000. If you are arresting for possessing between 25lb – 5lbs of marijuana, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or between 1 – 5 pounds of hashish, then you will charged with a crime of the second degree. Possession with intent to sell of an ounce to 5 pounds of marijuana, or between 1lb – 5 grams of hash is guilty of a crime of the third degree and is punishable by a fine of up to $25,000. Distribution of marijuana in a quantity of less than one ounce, or less than 5 grams of hashish is a fourth degree crime.
Defenses to Marijuana Charges
By retaining an experienced marijuana lawyer you can explore every possible defense to your Ocean County marijuana arrest. The first step to fighting a marijuana charge is to examine if all procedures leading to the arrest were proper, including the Search and Seizure of the marijuana. Even if there are no applicable defenses which lend themselves to the specific facts of your case, you may still avoid incarceration in many circumstances. Third and Fourth degree crimes are typically handled at the county level in Ocean County Superior Court and are eligible for diversion Pretrial Intervention (“PTI”). First and Second degree crimes of Marijuana Possession with Intent to Distribute are eligible for PTI with the prosecutor’s consent. Furthermore, every indictable offense, irrespective of degree, is eligible for Drug Court provided the requirements of these programs are otherwise met. A disorderly persons offense is handled in the arresting township’s Municipal Court and the best avenue for this type of charge is a Conditional Discharge.
The defenses to an indictment or complaint for possession or distribution of marijuana in Ocean County can become rather complex and technical. However, the criminal defense lawyers at the Law Offices of John F. Marshall are prepared to assert them on your behalf and fight for your rights. If you would like to learn more about your marijuana charges or talk to an experience marijuana defense lawyer then contact our office to recieve a free intial consultation 24/7.
