Criminal Aspects

New Jersey treats marijuana distribution in a public housing facility as a separate offense, over and above the distribution offense itself. New Jersey's definition of public housing facility is quite technical. In essence, “public housing” means any dwelling or other building owned by or leased to a local housing authority where the buildings serve the purpose of providing living accommodations to persons of low income. This separate offense exists when the offense occurs within 500 feet of the property in question. And the separate offense applies to possession of marijuana with intent to distribute, even when no actual distribution occurs. It is no defense that the person was unaware that he was in a public housing facility. Further, the place where the person intended to distribute, need not have been within the 500 foot distance. These enhanced penalties apply so long as it was within the indicated area that the possession with intent occurred. These provisions are contained in N.J.S. 2C:35-7.1.

As indicated above, the distribution, or possession with intent to distribute in the public housing facility, or within 500 feet of it, is considered to be an additional offense over and above the distribution itself, or the intent to distribute. When the amount of marijuana is one ounce or more, New Jersey defines this additional offense to be a second degree crime. Upon conviction, a sentence to state prison becomes a virtual certainty. The normal prison term upon conviction for a second degree crime is five to ten years. When the amount of marijuana distributed or intended for distribution in the public housing area is less than one ounce, it becomes a third degree crime.



Eviction from Public Housing

New Jersey convictions for drug-related offenses, including, of course, offenses related to marijuana, can also result in eviction from public housing. This risk arises from subsections (n) and (p) of N.J.S. 2A:18-61.1. We include, as an appendix to this page, the full text of those two subsections.

The two drug-related subsections are written in typical legislative gibberish. Boiled down to every day language, what these subsections are saying is persons who are tenants of public housing can be evicted under the following circumstances:

  • The tenant has been convicted of a drug-related offense
     
  • The tenant has been adjudicated delinquent for acts which, if committed by an adult, would constitute a drug-related offense
     
  • The tenant allows a person convicted of a drug-related offense to reside on the premises, even occasionally
     
  • The housing authority establishes by a preponderance of the evidence in a civil action that the tenant satisfies one of the above criteria

For the tenant to be evicted, the triggering act must have occurred on the premises themselves, including adjoining housing authority property. Also, the “harboring” provision does not apply when the person being harbored is a juvenile.



Marijuana Lawyers in New Jersey™

NJ Marijuana Lawyer and NJ Criminal Defense Lawyer NJ Law Offices of Allan MarainAllan Marain and Norman Epting, Jr. are New Jersey marijuana lawyers. They have successfully represented numerous clients who faced public housing marijuana charges in New Jersey. They are available to discuss your situation in a no-charge no-obligation office conference. Call them!



APPENDIX: N.J.S. 2A:18-61.1 (Excerpt)

No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception (2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability, except upon establishment of one of the following grounds as good cause:
.
.
.
n. The person has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which if committed by an adult would constitute an offense under the “Comprehensive Drug Reform Act of 1987,” N.J.S.2C:35-1 et al. involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person harboring or permitting a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said act. No action for removal may be brought pursuant to this subsection more than two years after the date of the adjudication or conviction or more than two years after the person's release from incarceration whichever is the later.
.
.
.
p. The person has been found, by a preponderance of the evidence, liable in a civil action for removal commenced under this act for an offense under N.J.S.2C:20-1 et al. involving theft of property located on the leased premises from the landlord, the leased premises or other tenants residing in the leased premises, or N.J.S.2C:12-1 or N.J.S.2C:12-3 involving assault or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord, or under the “Comprehensive Drug Reform Act of 1987,” N.J.S.2C:35-1 et al., involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia within the meaning of that act within or upon the leased premises or the building or complex of buildings and land appurtenant thereto, or the mobile home park, in which those premises are located, and has not in connection with his sentence for that offense either (1) successfully completed or (2) been admitted to and continued upon probation while completing a drug rehabilitation program pursuant to N.J.S.2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who committed such an offense, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently, except that this subsection shall not apply to a person who harbors or permits a juvenile to occupy the premises if the juvenile has been adjudicated delinquent upon the basis of an act which if committed by an adult would constitute the offense of use or possession under the said “Comprehensive Drug Reform Act of 1987.”

 Overview  |  Allan Marain  |  Norman Epting, Jr. 
 Case Evaluation  |  Expungements  |  Radio Promo  |  Gun Lawyers  |  Your Privacy  |  Contact Us 

 Possession  |  Distribution  |  Intent To Distribute  |  Paraphernalia  |  Growing  |  Juveniles  |  PTI 
 CDS in Motor Veh.  |  Conditional Dschg  |  Drug Tests  |  School Zone  |  Public Housing  |  Public Parks 
 Public Buildings  |  Manufacturing  |  Drivers Licenses  |  Cocaine 

(Federal)  Possession  |  Distribution  |  Constitutionality  |  The Twilight Zone 

 Stopped by Police  |  Jersey Justice  |  El Paso  |  Jury Service  |  Dangerous Drugs 
 High Links  |  About Marijuana 

 Bill Maher  |  Jill Stein, 2016  |  Drug Informants  |  Directions  |  Parking 



“He has erected a multitude of New Offices, and sent hither swarms of officers to harass our people and eat out their substance.

--The Declaration of Independence


“Chris Christie is a disgrace not just to NJ and the USA, but to humanity as a whole. His refusal to acknowledge the majority in this country of cannabis supporters is appalling. He is literally the cancer killing our country and we need to bury this sack of garbage in a landfill FAR FAR away from politics.”

--Jason Mueller, June 30, 2015,
Responding on Yahoo! to Chris Christie announcement
that he is seeking to be President of the United States

Law Offices of Allan Marain
Attorneys and Counsellors at Law Lawyer handles marijuana charged in New Brunswick Rutgers arrests and paraphernalia charges
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
732-828-2020
Or Toll Free: 855-NJ-GRASS   (855-654-7277)
email: Info@NJMarijuana.com

Marijuana Lawyers in New Jersey™ and NJMarijuana.com
© Copyright 2006-2017, Allan Marain, New Brunswick, New Jersey.
All rights reserved.

For information, questions, or suggestions about our site, please email our webmaster.

Reefer, pot, weed, grass, Mary Jane, cannabis, ganja, dope, marijuana, marihuana: Call it what you will, spell it as you please, we will defend marijuana charges against you with the benefit of approximately seventy years combined experience handling marijuana and marijuana-related arrests. Centrally located in Middlesex County, New Jersey marijuana lawyers Marain and Epting also handle marijuana arrests and charges arising in Bergen, Burlington, Hunterdon, Mercer, Monmouth, Morris, Ocean, Somerset, Sussex, Union, and Warren Counties. Their cases have included marijuana arrests at the Sports Complex, and at the PNC Arts Center in Holmdel. Other frequent hot spots for marijuana arrests handled include Seabright, and Seaside Heights. Rutgers University arrests in New Brunswick and Piscataway number among the frequent fliers. Towns that we cover include Asbury Park, Bedminster, Belleville in Essex County, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville in Union county, Bogota, Bound Brook, Branchburg, Brick in Monmouth County, Bridgewater, Clifton, Clinton in Hunterdon County, Closter, Cranbury, Cranford, Cresskill in Bergen County, Deal, Demarest, Denville, Dover in Morris County, Dumont, Dunellen, East Brunswick in Middlesex County, East Rutherford, East Windsor, Edison in Middlesex County, Elizabeth, Emerson, Englewood, Englishtown in Monmouth County, Ewing, Fair Lawn, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park in Middlesex County, Hillsborough, Hillsdale, Hillside in Union County, Jersey City, Kearny, Kenilworth in Union County, Lakewood, Lawrence Township, Mahwah in Bergen County, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough in Middlesex County, Monroe, Mountainside, New Brunswick, North Brunswick in Middlesex County, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy in Middlesex County, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton in Mercen County, Rahway, Raritan, Readington, Red Bank in Monmouth County, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville in Mercer County, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford in Bergen County, Sayreville, Scotch Plains, Seabright, Seaside Heights in Ocean County, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy in Middlesex County, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood in Middlesex County, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield in Union County, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. Arrested elsewhere? Call anyway. We can suggest experienced marijuana lawyers in other New Jersey counties, and even in states other than New Jersey.

Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Hosted by Westhost »When you expect more from your Web host.
Page last updated 26 March 2016, and displayed Sunday 25 June 2017, at 09:45:31 MDT.


site conforms to w3c standards to better serve person charged in dorm for arrest arrested charge marijuana pot paraphernalia pipe in new jersey nj   Site of Marijuana lawyers adheres to CSS standards, to better serve persons charged with offenses related to grass drugs bongs arrested PNC Rutgers nj marijuana arrest municipal court   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense