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New Jersey takes an active and hostile stance when it comes to the distribution of marijuana and the intent to distribute marijuana. The penalties for distribution of marijuana depend upon the quantity of marijuana involved. The ultimate indicator of the degree of the crime is the amount of drug found on or near the defendant at the time of his or her arrest. Sentencing for this crime includes mandatory prison, court ordered drug counseling, probation, loss of license, and thousands of dollars in fines. William A. Proetta, Esq. and his team of criminal defense lawyers have been representing clients charged with marijuana distribution, cocaine possession and prescription drug offenses throughout Ocean County and New Jersey for years. Complicated suppression issues such as probable cause for the stop, search and seizure of evidence, reliability of informants, and proper indexing and testing of substances found often arise out of the arrest and prosecution for drug crimes. As a result, skilled and experience legal representation is an absolute MUST. We represent clients who have been charged with marijuana distribution throughout Ocean County, including Toms River, Seaside Park, Seaside Heights, Point Pleasant, Berkeley Township, Manahawkin and Little Egg Harbor. Give us a call today at (848) 238-2100 for a free consultation with an Ocean County marijuana distribution lawyer at our Toms River office.
Possession of marijuana with intent to distribute is governed by N.J.S.A. 2C:35-5, which is provided in pertinent part for your convenience:
§ 2C:35-5. Manufacturing, distributing or dispensing
a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
b. Any person who violates subsection a. with respect to:
(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;
(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;
(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.
| 4th Degree Marijuana Distribution | Less than an ounce of marijuana | Up to 18 months in state prison |
| 3rd Degree Marijuana Distribution | More than an ounce but less than 5 pounds of marijuana | Between 3 – 5 years in state prison |
| 2nd Degree Marijuana Distribution | More than 5 lbs but less than 25 lbs of marijuana; 11 – 49 marijuana plants | 5 – 10 years state prison with presumption of incarceration |
| 1st Degree Marijuana Distribution | 25 lbs or more; 50 or more marijuana plants | 10 – 20 years state prison with presumption of incarceration |
In addition to these above penalties, a defendant will face enhanced penalties for Distribution of Marijuana in a School Zone or within 500 feet of a Park or Public Housing. For the NJ Marijuana Distribution statute in its entirety, click here.
By hiring an experienced criminal lawyer in the early stages of your case, you greatly increase your chances of having your charge downgraded or avoiding a criminal record by securing your admittance into Pre-Trial Intervention or admittance into Drug Court to avoid a state prison sentence. For example, a successful negotiation result may consist of obtaining a waiver from the prosecutor to separate the aggregate weight accumulated over several purchases in order to get the charge downgraded. Our office represents clients for distribution of marijuana who have been charged in Forked River, Waretown, Surf City, Beach Haven, Tuckerton, Brick, and throughout Ocean County. If you would like to discuss the facts of your case and build a case strategy designed to meet your needs, then contact our Toms River office at (848) 238-2100 to speak with a marijuana distribution defense attorney absolutely free.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.
3828 River Road, Point Pleasant, NJ 08742
Phone: (848) 238-2100
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3840 Park Ave, Suite 202 A, Edison NJ 08820
Phone: (732) 659-9600
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242 10th Street Suite 103 Jersey City, NJ 07302
Phone: (201) 793-8018
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20 Commerce Drive, Room 135 Cranford, NJ 07016
Phone: (908) 838-0150
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