Are you facing marijuana or other drug related charges? A marijuana crime conviction could exclude you from many types of employment and impact the status at your current job. Marijuana possession, sale and manufacture are regulated by both state and federal law. In New Jersey, simple possession of less than 50 grams of marijuana is a disorderly persons offense. However, though it is classified as a Schedule I drug with a high potential for abuse and has “no currently accepted medical use”, New Jersey does allow medical marijuana use under limited circumstances (N.J.S.A. 24:21-5). Because medical marijuana laws were passed in New Jersey in 2010, attitudes towards marijuana have lightened somewhat over the years, but possessing it is still considered a crime.
Don’t Delay. Contact Us Today.
If you are facing a possession of marijuana charge, it is in your best interest to consult with an experienced and skilled criminal attorney immediately. We have handled many marijuana cases and can tell you about results in cases similar to yours. But we still know each case is different and treat each accordingly.
Villani & DeLuca, P.C. provides experienced marijuana defense lawyers for clients in Ocean County and Monmouth County, New Jersey against all manner of pot or weed-related charges. Our experienced attorneys will aggressively defend your interests.
Carmine R. Villani, Esq., founding partner of Villani & DeLuca, P.C., is a former Municipal Prosecutor and is an experienced New Jersey criminal defense lawyer. Mr. Villani represents all clients with superior criminal defense representation. If you have been charged with drug possession or any other drug-related charge, you can’t afford to waste time before seeking representation to defend yourself and your rights in court; your choice of legal counsel is important. Contact Partner, Carmine R. Villani, Esq. or Associate, Timothy L. Horn, Esq. at 732-965-3350 to schedule a free initial consultation today.
Marijuana, the most often used illegal drug in this country, is a product of the hemp plant, Cannabis sativa. The main active chemical in marijuana is THC (delta-9-tetrahydrocannabinol). Of the roughly 400 chemicals found in the cannabis plant, THC has the most effect on the brain. Marijuana is a green or gray mixture of dried, shredded flowers and leaves of the hemp plant (Cannabis sativa). Recently, marijuana has been approved for medical use in New Jersey and several other states.
Street names: Most users roll loose marijuana into a cigarette called a “joint”. It can be smoked in a water pipe, called a “bong”, or mixed into food or brewed as tea. It has also appeared in cigars called “blunts”. Other street names include: “pot,” “bud,” “chronic,” “weed,” and “ganja.”
Drug Classification: In New Jersey, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and has “no currently accepted medical use”.
Understanding the New Jersey Marijuana Laws
New Jersey’s “Simple” Possession Law (N.J.S.A. 2C:35-10(a)(4))
Possession of less than 50 grams of marijuana is the most frequently charged drug crime considered a disorderly persons offense and is punishable by up to 6 months in jail. If you face a disorderly persons possession charge you could be sentenced to a maximum of 6 months in jail, $1,000 in fines and a driver’s license suspension.
Cultivation (N.J.S.A. 2C:35-4)
It is illegal to cultivate marijuana in New Jersey. Penalties vary according to the number of plants cultivated. Second and subsequent convictions may be punished with up to double to penalties described below.
- Up to ten plants. Penalties include a fine of up to $25,000, between three and five years in prison, or both.
- Between ten and 49 plants. Penalties include a fine of up to $150,000, between five and ten years in prison, or both.
- 50 or more plants. Penalties include a fine of up to $300,000, between ten and 20 years in prison, or both.
Selling Marijuana (N.J.S. A. 2C:35-7)
Selling marijuana (or possessing marijuana with the intent to do so) in New Jersey is illegal. Violations are penalized according to the amount possessed or sold; with additional penalties for violations within a school zone, or for violations involving a minor or a pregnant woman. Second and subsequent convictions may also be punished with up to double to penalties described below.
- One ounce or less results in penalties of up to $25,000, up to 18 months in prison, or both.
- One ounce to five pounds: fines of up to $25,000 and 3-5 years imprisonment, both.
- Five – 25 pounds: penalties up to $150,000, with five-ten years in jail, or both.
- 25+ pounds: fines reaching up to $300,000, and between 10-20 years in prison, or both.
- Any sales within a school zone, public park, or public housing area may include additional penalties of up to $150,000, and a loss of eligibility for parole for the first half of the prison sentence.
- Sales to minors or pregnant women may double the fines and jail time
Contact an Experienced NJ Marijuana Possession & Distribution Lawyer Immediately
If you or a loved one has been charged with possession of marijuana in Ocean County or Monmouth County, New Jersey, contact the lawyers of Villani & DeLuca, P.C. to protect your rights immediately. A New Jersey marijuana attorney at Villani & DeLuca can be reached 24 hours a day, 7 days a week (weekends and evenings available) at 732-965-3350. Call today for a free consultation on how to protect your rights, we will review all the facts of your case to determine if you have a viable defense or if you are eligible for pre-trial intervention.