What constitutes the offense of simple possession of marijuana?
Marijuana is a CDS (controlled dangerous substance). As a prerequisite to lawful possession one must either obtain a New Jersey medical marijuana license or a prescription from a duly licensed physician. Otherwise, marijuana in any quantity, no matter how little, constitutes contraband and possession of any quantity, no matter how little, is a criminal offense. During the approximate 29 years I have been a marijuana possession defense attorney, I have successfully defended many hundreds of people charged.
What is my exposure, if convicted, for marijuana possession?
If convicted of simple possession of marijuana under 50 grams, you have exposure to
- A possible criminal record; plus
- Possible jail time from 0 days to 180 days; plus
- Possible driver’s license suspension of up to 180 days; plus
- Monetary fines up to a minimum of $1000.00 per count in Municipal Court.
If you are in possession of more than 50 grams or you are possessing with intent to distribute to others, the charges are elevated to felony charges and the case is moved to the Superior Court.
Can an experienced marijuana possession defense attorney help by getting the charges downgraded?
Maybe. It is possible that good argument exists to object to the entry into evidence of the marijuana. This usually occurs if the police conducted a warrantless search and unlawfully seized the marijuana. An argument can also be made if the lab report contains a defect or is not available.
During my approximate 29 years as an experienced marijuana possession defense attorney, I have been able to successfully help many people avoid loss of driver’s license, avoid jail time, avoid maximum fines, and avoid conviction, particularly if he or she is a first time offender.
Below is a copy of the New Jersey Statute.
N.J.S.A. 35-10 states:
a. “It is unlawful for any person, knowingly or purposely, to obtain, or to possess,
actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as other wise authorized by P.L. 1970, c.226 (C.24:21-1, et seq.). Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, 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 $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in schedule
V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants
or dilutants, or more than 5 grams of hashish is guilty of a crime of the fourth 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; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or
dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses ir is under the influence of any controlled dangerous
substance, or its analog, for a purpose other than the treatment of sickness or
injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the
State to prove that the accused did use or was under the influence of any specific
drug, but it shall be sufficient for a conviction under this subsection for the State
to prove that the accused did use or was under the influence of some controlled
dangerous substance, counterfeit controlled dangerous substance, or controlled
substance analog, by proving that the accused did manifest physical and
physiological symptoms or reactions caused by the use of any controlled
dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance
or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.”
How can I contact you for a free initial consultation?
You can contact me through the contact form below or by telephone call for free initial consultation. If retained, I will use my experience as a marijuana possession defense attorney to get you the best resolution of your charges possible under the circumstances.
