NJ Still Prohibits Recreational Marijuana
It’s a legally confusing time for many people who use recreational marijuana. Other states have legalized its use. However, it’s still illegal to possess marijuana in the state of New Jersey. If you possess marijuana, a controlled substance, and “drug paraphernalia,” law enforcement officials may assume the intent to distribute the substance.
A New Jersey woman was recently arrested on drug possession charges. Police charged her with possessing less than 50 grams of marijuana, drug paraphernalia, and speeding.
An investigation showed that the woman had about two grams of marijuana plus a marijuana grinder and smoking pipes in her vehicle. She was arrested and released.
She needs a criminal defense attorney as soon as possible. Under Section 24:21-1, et seq. of the New Jersey Criminal Code, possession of 50 grams or less of marijuana is considered a disorderly person’s offense. If convicted, the offender faces a maximum sentence of six months in jail plus a fine of up to $1,000.
Laws involving possession of marijuana are tough in New Jersey. Possessing more than 50 grams of marijuana is a fourth-degree crime. It carries a maximum 18-month prison sentence and a fine of up to $25,000.
If an individual is found to possess marijuana within 1,000 feet of a school, the offender faces an enhanced sentence. Typically, one hundred community services hours are added plus an additional fine that depends on the quantity.
Possessing more marijuana means the defendant faces higher punishments:
- If charged with intent to sell or distribute, possession of at least one ounces up to less than five pounds of marijuana is a third-degree crime that’s punishable by three to five years in prison plus a maximum $25,000 fine.
- If charged with intent to sell or distribute, possession of at least five pounds but less than 25 pounds is a second-degree crime that’s punishable by five to 10 years in prison and a maximum $150,000 fine.
- If charged with intent to sell or distribute, possession of 25 pounds or more is a first-degree crime that’s punishable by a 10 to 20-year prison term and a maximum $300,000 fine.
Possession of marijuana, along with the intent to sell or distribute marijuana, is still a crime in New Jersey. If you or someone close to you has been charged with a drug crime, contact The Law Office of Jill R. Cohen today. Ms. Cohen is a former Camden County, New Jersey Assistant Prosecutor. She is also a New Jersey-Certified Criminal Attorney. She will aggressively defend your legal rights.