Marijuana

Our statewide criminal firm defends marijuana possession and distribution charges. We appear throughout New Jersey on behalf of those charged with everything from the most basic offense of possession of less than fifty (50) grams of marijuana all the way to the most complex of cases involving manufacturing or selling 150 pounds or more. If you were charged and/or indicted for any type of marijuana offense, we clearly have the skills to effectively defend your case. Our credentials include over 100 years in criminal defense and many other qualifications, including a staff that includes former prosecutors. Contact our defense attorneys at your convenience for a free consultation.

Charged With Simple Possession Of Marijuana In New Jersey

When marijuana is possessed for personal use, N.J.S.A. 2C:35-10 renders it either a disorderly persons offense or fourth degree crime depending on the number of grams or weight of the drugs. Possession of less than 50 grams of marijuana is the municipal court variety of this offense. An individual who is convicted of possessing less than 50 grams is subject to a fine of approximately $1,000, up to six (6) months in jail, and must have their driver’s license suspended for a period of 6-24 months. When the quantity is more than 50 grams, marijuana possession is a fourth degree crime, a felony offense that must be handled in the Superior Court. This level of simple possession carries with it the possibility of a $25,000 fine and a maximum prison sentence of 18 months. The license suspension is the same for fourth degree and disorderly persons possession of marijuana.

NJ Defense Attorneys For Possession With Intent To Distribute Marijuana Charges

When an individual sells or possesses marijuana with the intent to distribute it, N.J.S.A. 2C:35-5 applies. This law creates four (4) degrees of distribution charge — fourth degree, third degree, second degree and first degree. The following is a breakdown of the maximum penalties (i.e. period of incarceration and fine) by degree and quantity:

First Degree
Second Degree
Third Degree
Fourth Degree
25 Pounds or More
5-25 Pounds
1 Oz.- 5 Pounds
Less than 1 Oz
20 Years
10 Years
5 Years
18 Months
$300,000
$150,000
$25,0000
$10,000

In addition to the aforesaid penalties, an individual is subject to a mandatory driver’s license suspension of 6-24 months if found guilty of marijuana distribution.

Selling Marijuana In a School Zone or Public Park

If marijuana is sold or distributed within 1,000 feet of school property, a school zone charge arises under N.J.S.A. 2C:35-7. For purposes of this violation, “school property” is defined as property owned or leased by a school or school board and used for school purposes. If these conditions have been satisfied, an entirely separate and additional criminal offense, commonly referred to as a “school zone” or “1,000 foot” charge arises. The penalties that apply to this violation are significantly enhanced from that which applies under the distribution statute, N.J.S.A. 2C:35-5. A mandatory minimum sentence, also referred to as a period of parole ineligibility, must be imposed at the time of sentencing for this violation.

A similar set of rules applies in the case of distribution within 500 feet of a public park or housing project. This violation is set forth under N.J.S.A. 2C:35-7.1 and gives rise to a separate second degree crime, except where the quantity of marijuana is one ounce of less, in which case a third degree crime arises.

Former Prosecutors Defending Marijuana Charges Throughout NJ

Our attorneys are armed with the knowledge and skill you need to deal with any of the marijuana offenses previously set forth. We have handled countless possession and distribution cases involving marijuana and are prepared to put our know how to work for you. To speak to an attorney on our team and obtain immediate guidance, contact our office. One of our lawyers will be more than happy to assist you.