possession of marijuana NJ lawyer, paraphernalia too

N.J.S. 2C:35-10 is the New Jersey statute that treats possession of so-called “controlled dangerous substances” generally. Two subsections of N.J.S. 2C:35-10 deal with marijuana possession specifically. Those subsections are N.J.S. 2C:35-10a(3) and N.J.S. 2C:35-10a(4).

N.J.S. 2C:35-10a(4) limits itself to possession of marijuana where the amount is fifty grams or less. N.J.S. 2C:35-10a(3) deals with possession of marijuana where the amount exceeds fifty grams. Thus fifty grams is the cut-off that New Jersey establishes between small-amount possession and possession of the more serious quantity.

The difference between fifty grams and fifty-one (or, for that matter, 50.1) grams is small, but the legal consquences are enormous. When the amount of marijuana possessed is fifty grams or less, New Jersey classifies that possession as a “disorderly persons offense.” The general penalty in New Jersey for conviction of a disorderly persons offense can be six months in jail and a fine of up to $1,000.00. Because New Jersey defines marijuana to be a controlled dangerous substance, additional penalties are imposed. These can include suspension of New Jersey driver's license for up to twenty-four months, a mandatory DEDR penalty of $500.00, and a laboratory fee of $50.00. And the person found guilty has a drug conviction on his record.

When the amount of marijuana possessed exceeds fifty grams, New Jersey classifies the offense as a felony. (To use New Jersey terminology, it is a “fourth degree crime.”) That increases exposure to eighteen months in State prison. The maximum fine becomes $25,000.00. The same twenty-four months loss of driver's license exposure, and $50.00 lab fee exists. However, the mandatory DEDR penalty increases to $750.00.

Note that once the quantityof marijuana exceeds fifty grams, the amount by which that fifty-gram cut off is exceeded becomes irrelevant for purposes of simple possession. That is, under N.J.S. 2C:35-10a(3), once the fifty gram cut off is exceeded, the maximum punishment under N.J.S. 2C:35-10a(3) for possession of marijuana is the same whether the amount possessed is fifty-one grams, or five tons. Similarly, when the quantity possessed is fifty grams or less, New Jersey law makes no distinction by how much less than fifty grams is involved. Thus, under New Jersey law, possession of 0.1 grams of marijuana carries the identical legal exposure as possessing 50 grams. Most New Jersey marijuana possession charges, in fact, involve nothing more than just a gram or two.

The focus of this page is possession of marijuana in particular. “Possession” itself is a common word. We all have an intuitive sense of what it means. However, its meaning in the legal sense is very precise and, actually, not quite that simple. We explore “possession” in that legal sense in much greater depth elsewhere.NJ Marijuana Lawyer Marain, NJ Marijuana Lawyer Goodman: NJ marijuana 50 grams or less, and over 50 grams

The person charged with marijuana possession in New Jersey should always have a lawyer. The lawyer provides crucial assistance to the person charged. First of all, the lawyer will review the circumstances that led up to the charges being filed in the first place. Did the cop act legally in finding the marijuana and making the arrest? Did the person charged with possession actually possess the marijuana? And can the State prove it? Can the State even prove that the substance seized is, in fact, marijuana? (This is not as simple as you might think.) Is conditional discharge or Pretrial Intervention (PTI) a possible option? Should the person charged seek the conditional discharge or PTI, even if it is available? (They are sometimes not the best choice.) The New Jersey marijuana lawyer can give advice and assistance in court vitally needed when these charges arise.

Allan Marain and Norman Epting, Jr. are New Jersey marijuana lawyers. They haveNJ Marijuana Lawyer and NJ Criminal Defense Lawyer NJ Law Offices of Allan Marain been defending persons charged with marijuana and marijuana-related offenses for a combined total that exceeds sixty-five years. They handle both New Jersey state marijuana charges, as well as federal charges. They know their way around. And they are available for a no-cost no-obligation initial conference for persons charged in New Jersey with possession of marijuana.

Call them. You have nothing to lose.

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“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

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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.

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