Possession of Marijuana and Paraphernalia, N.J.S.A. 2C:35-10(a)(4)
Possessing any amount, no matter how small, of marijuana is a criminal offense here in New Jersey. The penalties for such an offense ranges anywhere from jail to fines to license suspension. Moreover, a conviction for marijuana possession, under N.J.S.A. 2C:35-10(a)(4) will permanently leave you with a criminal record and be detrimental to your job prospects now or in the future. Our law firm assists defendants charged with possession of marijuana, cocaine, heroin, painkillers or any other litany of controlled dangerous substances currently outlawed under the Controlled Dangerous Substance Act here in New Jersey. Call 1-800-509-3333 today and speak with an experienced New Jersey criminal defense attorney, free of charge.
Marijuana Possession Criminal Charges Dismissed in Mercer County
I recently represented a client who had been charged with two criminal charges, one for Possession of Marijuana under 50 grams, in violation of N.J.S.A. 2C:35-10(a)(4), and the other for possession of paraphernalia, in violation of N.J.S.A. 2C:36-2. If convicted, my client was facing a criminal record, thousands of dollars in fines, a suspension of her driving privileges, probation and, though unlikely, incarceration. Thankfully, I was able to demand discovery and review the MVRs and Dispatch tapes involved in the incident. Suffice to say, there were serious problems with the State’s case. Thankfully, the Mercer County municipal judge heard my oral argument and granted a dismissal of all the criminal charges against my client. My client was able to walk out of the courtroom that day as if nothing had ever happened.
Marijuana Possession Charges NJ Law
In New Jersey, charges for possessing less than 50 grams of marijuana are prosecuted pursuant to N.J.S.A. 2C:35-10(a)(4). That statue states, in pertinent part, the following:
Possession, use or being under the influence, or failure to make lawful disposition
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 otherwise authorized by P.L.1970, c. 226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(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.
As a disorderly persons offense, this charge carries a six (6) month suspension of your driving privileges, up to six months in county jail, over a thousand dollars in fines and surcharges, possible probation and a criminal record that will follow you wherever you go.
For expert assistance in your marijuana possession charges, call the marijuana possession defense attorneys at 1-800-509-3333. With former law enforcement officers on staff, our firm has the expertise and resources necessary to fight your charges.