Defense Attorneys for Marijuana Possession in Ocean County, New Jersey
The vast majority of people who are arrested in New Jersey for marijuana-related crimes are usually in possession of a small amount of the marijuana; usually 3 grams or less. In many cases, our attorneys handle a large amount of marijuana cases that involve motor vehicle stops during which some pot is found stashed in the car. Under these circumstances, charges for possession of marijuana are usually accompanied by “companion” charges such as Possession of CDS in a Motor Vehicle and Drug Paraphernalia. Nevertheless, a conviction for the marijuana possession without a companion charge will result in a permanent criminal record and potential probation and up to 6 months in county jail. At Proetta & Oliver, our lawyers defend clients against marijuana charges throughout Ocean County and New Jersey, including Toms River, Jackson, Eagleswood, Lakewood, Manchester Township, Lakehurst, Brick, and Forked River. Will Proetta, Esq., our firm’s founding member, has handled a wide array of criminal and municipal charges. Many of these cases involve the possession of marijuana. To build a case strategy customized to meet your needs or just to speak with an experienced marijuana defense lawyer, then contact our Toms River Office at (848) 238-2100 for a free consultation.
N.J.S.A. 2C:35-10(a)(4) Possession of Marijuana under 50 Grams
Marijuana is far and away the most common narcotic in New Jersey. As such, the scope of the law that it is governed by is very broad. The consequences for marijuana charges can vary in severity. Penalties will depend upon the amount in possession, the intent (or absence of intent) to distribute, and whether not the possession or distribution occurs in a school zone or public park. The relevant part of the New Jersey statute for simple possession of marijuana is provided below for your convenience:
§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition
(4) Possession of fifty (50) grams of less of marijuana, including any adulterants or dilutants, is a disorderly persons offense. To view the New Jersey marijuana statute in its entirety, please click here.
To summarize, a marijuana charge resulting from possession of less than 50 grams is a disorderly persons offense. As mentioned above, disorderly persons offenses carry up to 6 months in jail. However, additional penalties apply because it is a drug related offense. For example, if convicted, you would face a two year of loss of driver’s license and thousands in fines and mandatory assessments to the state. Additionally, you will face additional penalties if you are charged with ancillary offenses such as:
Pursuant to NJ simple possession of marijuana law, the state does not differentiate between a roach and an ounce. New Jersey courts adjudicate each instance in the same manner. Marijuana charges are very complicated. Sometimes, suppression issues can arise in your favor that will challenge the probable cause of the traffic stop, search and seizure violations, incriminating statements, and scientific testing of any substance confiscated. Our attorneys have wide experience in addressing these very issues and successfully arguing and suppressing illegally obtained evidence. If you would like to speak with an experienced marijuana defense attorney contact our Toms River office today at (848) 238-2100 for a free consultation and customized case strategy designed to meet your needs.