The New Jersey Code of Criminal Justice defines “manufacture” in N.J.S. 2C:35-2. That definition, in typical legislative gibberish, is:

“Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled dangerous substance or controlled substance analog by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled dangerous substance: (1) by a practitioner as an incident to his administering or dispensing of a controlled dangerous substance or controlled substance analog in the course of his professional practice, or (2) by a practitioner (or under his supervision) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

Eliminating superfluous verbiage, and in the context of marijuana, “manufacturing” means the propagation of a controlled dangerous substance. And in New Jersey, marijuana is, by definition, a “controlled dangerous substance.” Thus, if “growing” is “propagating,” then “growing” marijuana plants in New Jersey is, by definition, “manufacturing.”

The grading, or seriousness, of growing marijuana in New Jersey is determined by the number of plants being grown. Under N.J.S. 2C:35-5b(10)(a), growing fifty or more marijuana plants is a first degree crime. It carries a “normal” term of ten to twenty years imprisonment, and a fine of up to $300.000.00. Under N.J.S. 2C:35-5b(10)(b), growing ten or more marijuana plants, but less than fifty, is a second degree crime. It carries a “normal” term of five to ten years imprisonment, and a fine of up to $150.000.00. Where the number of plants is less than ten, the growing will be a third degree or a fourth degree crime, depending on whether the total weight of the plants, excluding mature stalks and fiber, equals or exceeds an ounce.

Most drug “manufacturing” offenses enable a defendant, at least in theory, to assert a “personal use” defense. This defense flows from that part of the definition of “manufacture” that provides that the term “does not include the preparation or compounding of a controlled dangerous substance or controlled substance analog by an individual for his own use.” What makes this defense unavailable for marijuana cases is that the Superior Court of New Jersey, Appellate Division, has construed “growing” to be “propagating.” And while “manufacture” contains a personal use exception for “preparation or compounding,” omitted from these exceptions is “propagating.” Thus multiple sclerosis patient John Ray Wilson, a medical marijuana user who grew his own, was convicted of second degree manufacturing with not a scintilla of proof that he was distributing, or even intending to distribute, the marijuana that he was growing. In fact, the State never charged Mr. Wilson with any distribution-related offense. The full opinion of the Appellate Division in State v. Wilson is elsewhere on this site.

As just indicated, Wilson was decided by the Appellate Division. He asked the Supreme Court of New Jersey to review that decision. The Supreme Court refused to do so. As matters thus stand, therefore, the door remains open for the Supreme Court of New Jersey to overrule the Wilson holding and declare that growing for personal use is not be be considered “manufacturing.” Until that happens, or until some other defense for growing marijuana is recognized, convictions for growing marijuana in New Jersey will remain insanely punitive and socially destructive.

Marijuana Lawyers in New Jersey™ have been representing persons charged with marijuana-related offenses for a combined total of over sixty-five years. NJ Marijuana Lawyer and NJ Criminal Defense Lawyer NJ Law Offices of Allan MarainThey have obtained dismissals and not guilty verdicts from cases involving less than a gram, to those involving many pounds. They have obtained dismissals and not guilty verdicts for marijuana charges arising in cars, in prisons, and on the street. They defend marijuana charges in New Jersey with knowledge, skill, experience, and understanding. They are available to review your matter in a no-cost no-obligation conference. Call them!

 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 4 October 2014, and displayed Sunday 25 June 2017, at 09:45:57 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