The penalties and potential license suspension for Possession of Marijuana (< 50g) in New Jersey can be extremely harsh, despite how close the substance is to becoming legalized.
An overwhelming number of our clients are surprised when they hear that a person can receive a license suspension for possession of marijuana charges, even when no motor vehicle is involved whatsoever. In fact, Possession of Marijuana (< 50g) is one of the most common reasons for a license suspension for unrepresented individuals. Our attorneys can prevent a license suspension for possession of marijuana in a great majority of cases, but you should be aware of the consequences of such a charge under N.J.S.A. 2C:35-10(a)(4).
Jump to a section below:
If you are charged with possession of marijuana in New Jersey, it is always advised that you hire an attorney. Our lawyers can help prevent a license suspension for possession of marijuana through a Conditional Discharge, hardship application, or even a dismissal. Call us at 1 (877) 450-8301 to speak with a lawyer today about your charges.
What is New Jersey’s Simple Possession of Marijuana Statute (N.J.S.A. 2C:35-10(a)(4))?
In New Jersey, it is still illegal to possess marijuana without a licensed practitioner’s prescription. Specifically, N.J.S.A. 2C:35-10(a)(4) states that it is “[u]nlawful 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“. Such “controlled dangerous substances” would include 50 grams or less of marijuana, and any adulterants or dilutants. Additionally, subsection (4) counts five grams or less of hashish as the same offense.
A conviction or guilty plea under 2C:35-10(a)(4) (Possession of Marijuana under 50g) is a disorderly persons offense.
What penalties am I exposed to if convicted of Possession of Marijuana (< 50g) in NJ?
As stated above, possession of marijuana in quantities less than 50 grams is a disorderly persons offense (misdemeanor). New Jersey recognizes disorderly persons offenses as crimes punishable by up to six (6) months in county jail, and up to a $1000.00 fine. If the commission of this offense occurred in a school zone, there shall be a sentencing of not less than 100 hours of community service. Additionally, you will have a criminal conviction on your record for at least five years before you are able to have your record expunged.
Will I receive a license suspension for Possession of Marijuana (< 50g) in NJ?
It is very possible for unrepresented individuals to lose their driving privileges for a period of time if found guilty or pleading guilty to Possession of Marijuana (< 50g). The statute includes a provision that a conviction on a first offense is to carry a six (6) month minimum loss of license, with up to a potential 2 year license suspension for Possession of Marijuana. This is the same as for a Drug Paraphernalia conviction, but less than the two (2) year suspension for a CDS in a Motor Vehicle ticket.
Can a lawyer prevent a license suspension for possession of marijuana charges in NJ?
The answer is a definite “YES.” Our attorneys know multiple avenues to avoiding or reducing a license suspension for possession of marijuana, and in a majority of cases our clients are driving home the same day their matter is resolved. An attorney can help you get your case dismissed through a suppression motion, enter you into a Conditional Discharge program, or make a hardship application to prevent a license loss if all else fails. Your best chance at avoiding a license suspension for a controlled dangerous substance charge is to hire an experienced law firm to represent your interests. Call us 24/7 at 1 (877) 450-8301 to speak with an attorney that can help you with your matter.