After police executed a search warrant at a home in Manchester, New Jersey they reportedly discovered 29 marijuana plants and other drugs. The homeowner and his son are now facing numerous drug charges including possession of marijuana with intent to distribute and maintaining a controlled dangerous substance (CDS) manufacturing facility.
According to officials from the Manchester Police Department, they obtained a warrant to search a residence located on Weldon Road in the Holly Oaks section of Manchester on Thursday, September 21st. During the search, they discovered 29 marijuana plants in the backyard. Each plant was between 5 and 6 feet tall. Officers also retrieved 1.6 pounds of marijuana, as well as crack cocaine and drug paraphernalia from inside the home. Additionally, they recovered a stun gun, a .22 caliber revolver, and hypodermic syringes. Syringes are often connected with other drug charges because that are typically used to administer heroin.
Following the search, 63-year-old Richard Ponsiek and his son 37-year-old Michael Ponsiek were charged with a myriad of drug crimes. Both men were charged with maintaining a CDS production facility, possession of marijuana with intent to distribute, possession of a prohibited weapon or device (stun gun), possession of drug paraphernalia, and possession of hypodermic syringes.
Of all of the charges against them, Maintaining or Operating a CDS Production Facility is the most serious. In fact, it is a first degree crime in violation of N.J.S.A. 2C:35-4. These charges are common in cases involving the cultivation of marijuana, but they can apply to the production of any drug. Under NJ law, if you operate or maintain a CDS production facility, you are exposed to between 10 and 20 years in prison. Moreover, this crime entails a mandatory minimum period of parole ineligibilty and if you have a prior criminal record, you may receive an extended sentence.
The charges for possession with intent to distribute marijuana are also extremely serious. In New Jersey, marijuana distribution offenses are graded on a scale from first degree to fourth degree. As the amount of marijuana by weight or the number of plants increases, the potential penalties become more severe. For instance, having between 10 and 50 marijuana plants is graded as a second degree crime. If convicted of second degree marijuana distribution, you face between 5 and 10 years imprisonment. To read the marijuana statute (N.J.S.A. 2C:35-5) in its entirety, click here.
Manchester Attorneys for Marijuana Charges
At Proetta & Oliver, our criminal defense lawyers regularly defend clients charged for growing and selling marijuana in Manchester and throughout Ocean County, New Jersey. Our extensive experience with marijuana charges and focus on criminal law has allowed us to develop a skillful and comprehensive approach when defending clients arrested for marijuana. If you have been charged with a crime involving marijuana in Ocean County or elsewhere in New Jersey, contact our offices in Toms River at (848) 238-2100 for a free consultation. We are available anytime to answer your questions.
For additional information related to this case, visit the following page: Manchester father, son busted on marijuana charges