Marijuana Lawyers in New Jersey™

“Mary, Mary, quite contrary, How does your garden grow?” Mary's garden may be growing very nicely, thank you, but if what is growing in Mary's garden is marijuana, Mary may need a lawyer.

Growing marijuana plants in New Jersey is risky. If you have been charged with growing marijuana plants, there's a pretty good chance that it is one or more of these events led to their discovery:

• You told other people that you were growing marijuana, or planning to grow marijuana. (“Loose lips sink ships.”)
   
• You were growing marijuana plants outdoors, visible to neighbors, New Jersey State Police helicopters, and drones.
   
• You let others see the grow, or see growing equipment, or let them be where odor from the grow could be detected. These “others” could be friends, ex-lovers, neighbors, and meter readers.
   
• People came into your home without permission. These could include police investigating a domestic dispute, or report of a burglary, or an outside door left ajar. It could include fire fighters responding to reports of a gas leak, or an actual fire. (Sometimes it's just not your day.)

Growing marijuana in New Jersey is a crime. New Jersey considers growing marijuana to be “manufacturing.” The criminal penalties for this “manufacturing” depend on the number of plants being grown. When that number is less than ten, it is a fourth degree crime. When the number of plants is from ten to forty-nine, it is a second degree crime. And when the number of plants is fifty or more, it is a first degree crime. To help put this into perspective, if someone steals twenty million dollars, they have committed a second degree crime. Other examples of first degree crimes in New Jersey include aggravated sexual assault, armed robbery, kidnapping, carjacking, and murder. By any rational standard, classifying growing marijuana plants the same as these other crimes is insane. But this insanity creates those huge risks for the New Jersey marijuana grower. Here are the maximum punishments:

Number of Plants Class of Offense Maximum Punishment in New Jersey Fifty plants or more   First Degree Imprisonment up to twenty years; fine up to $300,000.00 Ten plants or more, but less than fifty plants   Second Degree Imprisonment up to ten years; fine up to $150,000.00 One or more plants, but less than ten Fourth Degree Imprisonment up to eighteen months; fine up to $10,000.00

The classifications just listed exist regardless of the weight of the growing marijuana plants. It makes no difference that none of the growing marijuana plants has yet produced leaves that can be harvested. It makes no difference whether you were growing the marijuana plants for your own use, as opposed to sale or other distribution. New Jersey prohibits private growing, or propagating, or cultivating, marijuana plants even when needed for compelling personal medical use. We discuss the more technical aspects of legal issues involving manufacturing, growing, propagation, or cultivation of marijuana on our “Manufacturing” page, on this site.

Marijuana Lawyers in New Jersey™ do not encourage growing marijuana. At the same time, they know that, despite their advice, people will continue to grow (or begin growing) marijuana. Some of these people will be investigated and arrested. For those individuals, Marijuana Lawyers in New Jersey™ offer this advice:

• If police come to your home and ask if they can enter, allow them to do so only if they have a search warrant. (But if they insist on entering without a search warrant, do not resist.)
   
• If police officers or detectives ask you questions concerning existence of a grow, or your knowledge of a grow, reply with these exact words, and only these words: “I would rather not discuss it.” Repeat as needed. Memorize those six words now. Practice them from time to time.
   
• If you are placed under arrest, tell the arresting officer or detective that you want to talk to a lawyer.
   
• See the page on this site relating to arrests and questioning by the police for more information.

Many defense tools exist. Approaches that Marijuana Lawyers in New Jersey™ explore include:

• Can evidence of the grow be suppressed because it was discovered only on account of an illegal search and seizure?
   
• Can the person charged with growing marijuana get Pretrial Intervention (PTI)?
   
• Can the prosecutor prove that what was growing was, in fact, marijuana?
   
• Can the prosecutor prove that the person arrested was the person that was actually doing the growing?
   
• Can this case benefit from “jury nullification”?

Allan Marain has been defending persons accused of growing marijuana, and other marijuana-related offenses, for many years. Mr. Marain has served as chair of the New Jersey State Bar Association Criminal Law Section, as well as its Municipal Court Practice Committee. And Mr. Marain is a co-founder of the New Jersey Chapter of NORML.

Mr. Marain is available to assist persons charged with growing marijuana, and all marijuana-related offenses. No-charge no-obligation initial conferences are available by phone, and at his office in New Brunswick. Call him!

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