Marijuana Charges by New Jersey Public Housing - NJ Marijuana Lawyers in New Jersey

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™

Allan Marain is a New Jersey marijuana lawyer. He has successfully represented numerous clients who faced public housing marijuana charges in New Jersey. He is available to discuss your situation in a no-charge no-obligation office conference. Call him!

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:
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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.
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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.”

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Criminal Aspects

Eviction from Public Housing

Marijuana Lawyers in New Jersey™

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

Marijuana Charges by New Jersey Public Housing
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