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What Are the Penalties for Marijuana Convictions Under New Jersey Law?

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NJ Marijuana Charge Penalties Lawyer

New Jersey Marijuana Defense Attorneys

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, Grabas, Arnold & Mangan, 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 over 6 ounces of marijuana. If you are found with amounts of marijuana over 6 oz, 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 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 in New Jersey

Possession Offenses

Grade, Fine, Imprisonment, Enhanced Penalty

Possession of more than 6 oz:

Sale of marijuana paraphernalia:

Possession of marijuana in a school zone:

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.

Free Consultations Available – New Jersey Marijuana Attorneys

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Other Marijuana Offenses:

Below is a list of marijuana offenses.

Distribution Offenses

Grade, Fine, Imprisonment, Enhanced Penalty

Possession with intent to distribute a quantity of 25 lbs. or more:

Possession with intent to distribute a quantity of 5 lbs. or more and less than 25 lbs.:

Possession with intent to distribute a quantity of one ounce or more but less than 5 lbs.:

Possession with intent to distribute a quantity of less than one ounce (subsequent offense):

Sale to minors or pregnant women:

Production Offenses

Grade, Fine, Imprisonment, Enhanced Penalty

Production of more than 50 plants:

Production of 10 to 50 plants:




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