The New Jersey legislature has legalized possession of up to 6 ounces of marijuana. Those over the age of 21 will be free from criminal charges of marijuana possession, although there are still crimes on the books for illegal sales.
Charged with a crime in New Jersey? Please call (888) 205-9314
This is great news, but some criminal risks still exist. And legal sales and purchase will take a while to roll out.
If you still find yourself charged with a marijuana offense, you might be thinking you have nothing to worry about, but that is likely wrong. Certain marijuana offenses carry serious penalties and repercussions that could haunt you for life.
When facing criminal charges, no matter how relatively minor, you need representation from an attorney with the experience and fight to get you the fair treatment you deserve in court.
What is legal for marijuana possession?
Up to 6 oz of weed is legal for those over the age of 21.
If you are between the ages of 18-20, you can be fined for possession up to $250. This is a civil offense.
New Jersey Possession of Marijuana – Penalties
The charge you face is dependent on the amount of marijuana the cops found on you. In order to be charged with possession, you don’t have to have the pot in your hand. It can be in your pocket, your lap, or even in your glovebox.
(Old Laws)
Possession of less than 50 grams (1.76 ounces) is considered a disorderly persons offense and can land you up to 6 months in jail and fines reaching $1,000.
If however, you are charged with having more than 50 grams, you will face a crime of the 4th degree. A 4th degree criminal offense carries a potential 18 month jail sentence and $25,000 in fines.
If you are found in possession within 1,000 feet of a school, you will also be required to perform 100 hours of community service as part of your sentence.
Ref: NJ Stat. §2C:35-10
Conditional Discharge on Marijuana Charges
A conditional discharge is a unique second chance afforded to some first time offenders. If you are accused of possession of marijuana and you don’t have drug charges on your record, you could be eligible.
Once approved for a conditional discharge you will report to a supervising officer for random drug testing and other terms. if these are met within a period of time determined by the court, your charges will be dismissed and your record will remain clean.
A conditional discharge isn’t always available in every case. We need to discuss the details of your charges, and the court jurisdiction, and many other factors to determine if this a good possible option for you.
Marijuana Possession with Intent – Distribution
Being charged with distributing marijuana is a far more serious offense than possession. The police may determine your intent to distribute the weed by looking at several signs. Things like large amounts of cash, baggies, scales, and frequent traffic can all be used as potential evidence against you.
Even after legalization, you can be charged with illegal sales of marijuana.
Again, the charge you face depends on the amount of marijuana you are accused of distributing or attempting to distribute.
| Amount of Marijuana | Charge level | Potential Sentence |
| Less than 1 ounce | Crime of 4th degree | Up to 18 months |
| 1 ounce to < 5 pounds | Crime of 3th degree | 3-5 years |
| 5 to 25 pounds | Crime of 2nd degree | 5-10 years |
In addition to potential prison sentences, you will face potential fines reaching into the thousands.
Don’t fool yourself into thinking the charges against you aren’t serious because they are “just marijuana”. A Marijuana conviction can drastically change your life and your ability to find work, among other things.
Contact me today if you are facing charges of this nature and need someone on your side on your day in court. I have handles numerous marijuana cases in New Jersey and can absolutely help you in your situation.
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