Possession of Marijuana under 50 grams is probably the most common criminal charge issued in New Jersey, let alone Union City. The governing statute in New Jersey for marijuana possession is N.J.S.A. 2C:35-10A(4). The degree of the offense will depend directly on the quantity of marijuana possessed at the time of your arrest. For instance, if you are caught possessing 50 grams or under of marijuana in towns like Kearny, Jersey City, North Bergen, Hoboken or Bayonne, you will be charged with a disorderly persons offense, also known as a misdemeanor. Conversely, if you are caught possessing more than 50 grams of marijuana, then you will be charged with a four degree felony. As you will see below, the penalties for possessing 50.01 grams as compared to 50 grams of marijuana is drastic. The team of defense lawyers at The Law Offices of Jonathan F. Marshall represent clients charged with simple possession of marijuana throughout municipal courts in Hudson County including Weehawken, Secaucus, North Bergen and Jersey City. Our team of defense attorneys is comprised of eight criminal defense lawyers, including four former prosecutors. We have the experience and skill set that is required to successfully defend your marijuana charges. If you have been charged with possessing marijuana, possession of heroin with the intent to distribute, possession of cocaine or possession of Oxy in Hudson County it is imperative that you speak to an experienced Jersey City NJ marijuana possession lawyer. If you would like a free initial consultation about your drug charge in Hudson County, New Jersey please contact our Jersey City office directly at (201) 309-1800. Here is some key information about a violation of N.J.S.A. 2C:35-10.
Possession of Marijuana under 50 Grams in Jersey City, New Jersey
As stated above, the governing statute in New Jersey for possessing marijuana is N.J.S.A. 2C:35-10(a), which in pertinent part states:
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. Any person who violates this section with respect to:
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree.
(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.
What are the Penalties for Marijuana Possession in New Jersey?
As stated above, marijuana possession under 50 grams in New Jersey is considered a disorderly persons offense. A disorderly persons offense is commonly referred to as a misdemeanor. If convicted of a disorderly persons offense marijuana charge in New Jersey, the defendant faces up to six (6) months in the Hudson County Jail, up to a $1,000 fine, up to a two year loss of their driver’s license and approximately $750 in fees and assessments (main fee is a $500 Drug Enforcement Reduction penalty). Other potential penalties that a Judge may impose include but are not limited to drug counseling, random drug testing, community service and reporting probation. (Please checkout our is marijuana a serious charge in NJ article for more information) If a defendant is convicted of possessing more than 50 grams in New Jersey then they are subject to the penalties of a fourth degree felony. A fourth degree penalty is punishable by up eighteen (18) months in a New Jersey State Prison, fined up to a $25,000, up to a two year loss of their driver’s license and the same fees and assessments as a disorderly persons offense conviction; approximately $750. In addition, a defendant convicted of a fourth degree felony marijuana possession charge is also subject to mandatory drug treatment, random drug monitoring, community service and up to five years probation.
Hudson County NJ Marijuana Defense Attorneys
The marijuana possession defense attorneys at the Law Offices of Jonathan F. Marshall understand the potentially life changing consequences a conviction for possessing marijuana can have on your future. A conviction for marijuana possession in New Jersey can have a serious impact on gaining meaningful employment or attending your dream college. The severity of the potential penalties for marijuana possession in Hudson County, New Jersey make it imperative that you to contact a marijuana defense attorney immediately to discuss your options. The Law Office of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you or someone you know has been charged with a drug offense in Jersey City NJ we can help. Our team of eight marijuana defense lawyers will aggressively fight to protect your liberty. The experienced drug possession defense attorneys at the Law Office of Jonathan F. Marshall fully understand the New Jersey drug laws. We thoroughly investigate every aspect of your case, including sending our private investigators to search out key information that can be used during a potential suppression hearing. If we are able to conclude that the arresting officers acted inappropriately while conducting their search, we will file the suppression motion to seek to have the illegally obtained evidence declared inadmissible at trial. If you or a loved one has been charged with marijuana possession in Union City, please do not hesitate to contact our Jersey City Office directly at (201) 309-1800.
