MARIJUANA CHARGES
New Jersey Marijuana Defense Lawyers
Being arrested for marijuana possession in New Jersey can cause you a great deal of fear and anxiety. The Union County law firm of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff, LLC understands your concern and knows how to help. We provide a comprehensive defense to any marijuana charge.
Marijuana Possession in New Jersey
In New Jersey, it is unlawful to knowingly possess any amount of marijuana. Therefore, if you are found with even trace amounts of marijuana, you are in violation of New Jersey law. Notably, even seeds and stalks are used to calculate the amount of marijuana in your possession. Possessing a larger amount of marijuana can lead to stiffer penalties.
What is Considered Drug Paraphernalia in New Jersey?
Drug paraphernalia is any equipment or material used to make, use, or conceal marijuana such as pipes, bongs, "grinders," or rolling papers. If you are caught with drug paraphernalia but do not have marijuana in your possession, you may still be violating New Jersey criminal law. Anything that shows you intended to use the paraphernalia for the illegal use of drugs is enough to violate the law.
What Will Happen if I am Caught with Marijuana in New Jersey?
If you are found with marijuana in your possession in New Jersey, there are several different charges that can be brought against you. In New Jersey, the charge and penalty you may receive for marijuana possession depends on several factors, including the weight in your possession, the location of your arrest, and the nature of your possession, such as whether you intended to distribute marijuana or simply use it for personal consumption. The chart below outlines these factors and the penalties for each offense.
Common Marijuana Offenses
| Marijuana Offenses | ||||
| Grade | Fine | Imprisonment | Enhanced Penalty | |
| Under the influence of marijuana | Disorderly Persons | Up to $1,000 | Up to 6 months | |
| Possession Offenses | ||||
| Grade | Fine | Imprisonment | Enhanced Penalty | |
| Possession of 50 grams or less | Disorderly Persons | Up to $1,000 | Up to 6 months | |
| Possession of marijuana paraphernalia | Disorderly Persons | Up to $1,000 | Up to 6 months | |
| Possession of marijuana in a school zone | Enhancement | Additional 100 hours of community service | ||
Would a Marijuana Drug Charge Conviction in New Jersey Affect my Driving Privileges?
Yes. Under N.J.S.A. § 2C:35-16, a person convicted for any of the marijuana charges listed above will lose his or her New Jersey driving privileges for at least 6 months and up to 2 years.
The penalties become more severe if you are caught with marijuana or any controlled dangerous substance while in your vehicle. Under N.J.S.A. § 39:4-49.1, any marijuana or controlled substance found in your vehicle will result in a fine of $50 or more and a mandatory 2 year suspension of your driving privileges. This suspension starts from the date of your conviction.
I Have Been Charged with Marijuana Possession in New Jersey, What Should I Do?
Drug charges are serious. The defenses are complex. Always discuss your case with a New Jersey lawyer. Our experienced defense lawyers are ready to fight for you. We handle cases across the State of New Jersey.
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Other Marijuana Offenses
Below is a list of marijuana offenses.
| Marijuana Crimes | ||||
| Grade | Fine | Imprisonment | Enhanced Penalty | |
| Under the influence of marijuana | Disorderly Persons | Up to $1,000 | Up to 6 months | |
| Possession Offenses | ||||
| Grade | Fine | Imprisonment | Enhanced Penalty | |
| Possession of 50 grams or less | Disorderly Persons | Up to $1,000 | Up to 6 months | |
| Possession of more than 50 grams | 4th degree | Up to $25,000 | Up to 18 months | |
| Possession of marijuana paraphernalia | Disorderly Persons | Up to $1,000 | Up to 6 months | |
| Possession of marijuana in a school zone | Enhancement | Additional 100 hours of community service | ||
| Distribution Offenses | ||||
| Grade | Fine | Imprisonment | Enhanced Penalty | |
| Possession with intent to distribute a quantity of 25 lbs. or more | 1st degree | Up to $300,000 | 10-20 years | |
| Possession with intent to distribute a quantity of 5 lbs. or more and less than 25 lbs. | 2nd degree | Up to $150,000 | 5-10 years | |
| Possession with intent to distribute a quantity of one ounce or more but less than 5 lbs. | 3rd degree | Up to $25,000 | 3-5 years | |
| Possession with intent to distribute a quantity of less than one ounce | 4th degree | Up to $10,000 | Up to 18 months | |
| Distribution of marijuana paraphernalia | 4th degree | Up to $10,000 | Up to 18 months | |
| Distribution of marijuana paraphernalia to minors | Enhancement | Up to $15,000 | 3-5 years | |
| Sale to minors or pregnant women | Enhancement | Doubles original penalty | ||
| Production Offenses | ||||
| Grade | Fine | Imprisonment | Enhanced Penalty | |
| Production of more than 50 plants | 1st degree | Up to $300,000 | 10-20 years | |
| Production of 10 to 50 plants | 2nd degree | Up to $150,000 | 5-10 years | |
