An arrest for the recreational use or possession of marijuana, hash, or drug paraphernalia does not have to result in a conviction. Under New Jersey statute N.J.S.A. 2C:36A-1, a municipal judge may grant a "conditional discharge," which is a special supervisory treatment similar to probation.

During the conditional discharge period, typically one year, the defendant will be supervised through visits to a probation office for urine drug testing.

A conditional discharge gives a person arrested for a simple drug charge a second chance to avoid conviction. To complete the program, the individual must not get arrested during the period and must pass all required drug tests.

The Requirements for a Conditional Discharge in NJ

To qualify for a conditional discharge, the following conditions must be met:

• The arrest was the first drug offense for the individual

• The person has not previously been granted a conditional discharge or PTI (Pre-Trial Intervention)

• The charge is being heard in a New Jersey municipal court

• The person does not pose a danger to the community (a non-violent offense)

• The offender pays the appropriate court fees

• The arrest was for one of the following simple marijuana or hashish disorderly persons charges:

• N.J.S.A. 2C:35-10a(4) - Possession of marijuana under 50 grams, or hash under 5 grams

• N.J.S.A. 2C:36-2 - Possession of drug paraphernalia (e.g. pipe, bong, rolling papers, scale)

• N.J.S.A. 2C:35-10(b) - Marijuana or hash use or being under the influence

Other Factors for a Conditional Discharge

If you are arrested for a drug offense in New Jersey, it is important to speak with a criminal attorney right away, before your first court appearance. Hiring an experienced drug charge lawyer at Villani & DeLuca before your court date allows you to postpone your arraignment while preparing your defense or discussing your conditional discharge options.

The judge needs to see that the defendant is not a danger to the community to grant a conditional discharge. A drug-related offense for marijuana is a criminal charge and is not looked upon favorably by the court.

Although drug treatment is not a requirement for a conditional discharge, speaking with a drug counselor can work in your favor. It may cause the judge to look more favorably at the circumstances of your case.

Think of a conditional discharge as a once-in-a-lifetime opportunity for the court to pardon your mistake, provided you stay clean and out of trouble. A visit with a probation officer for drug testing can happen at any time during the probationary period. Keep in mind that marijuana can stay in your system for up to one month and may cause you to fail a drug test.

After completing a conditional discharge, you may ask the judge to dismiss the drug-related charge. Six months after dismissal, you can apply to have the arrest removed from your record through a process called expungement. To learn more, refer to our content on getting an expungement in New Jersey.

Think You May Qualify for a Conditional Discharge? Contact a NJ Criminal Lawyer Today!

If you are facing a drug charge for a substance other than marijuana, there may still be options available to you. In some cases, a charge may be reduced so that conditional discharge becomes a possibility.

At Villani & DeLuca, our knowledgeable criminal lawyers have extensive experience in municipal courts handling drug and drug paraphernalia offenses. We may be able to help you obtain a conditional discharge depending on the facts of your case.

Call Villani & DeLuca at (732) 709-7757 today for a free consultation with a New Jersey criminal defense attorney.