NJ Marijuana Possession Charges
NJ marijuana possession charges can carry serious consequences.
Remember, it’s all about the “weight”!
If you have a few grams, we understand that you’re a fan of legalizing weed.
But, if you’re caught with a few ounces, chances are good that you’re dealing.
While some people applaud your entrepreneurial inclinations, the law will punish you.
We’ve created a simple and easy to read “quick-reference” chart to help you.
In addition, we answer your most important questions within this blog.
NJ Marijuana Law
|
Description
|
Type of Offense
|
Exposure to Incarceration
|
Max. Fine
|
|---|---|---|---|
|
Possession
|
|||
|
50 g or less
|
Disorderly Person
|
6 months
|
$ 1,000
|
|
More than 50 g
|
Felony
|
1.5 years
|
$ 25,000
|
|
Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine.
|
|||
|
Distribution
|
|||
|
Less than 1 oz
|
Felony
|
1.5 years
|
$ 25,000
|
|
1 oz – less than 5 lbs
|
Felony
|
3* – 5 years
|
$ 25,000
|
|
5 – less than 25 lbs
|
Felony
|
5* – 10 years
|
$ 150,000
|
|
25 lbs or more
|
Felony
|
10* – 20 years
|
$ 300,000
|
|
Within 1000 feet of a school or school bus
|
Felony
|
3* – 5 years
|
$ 150,000
|
|
Includes possession with the intent to distribute
|
|||
|
To minors or pregnant women carries a double term of imprisonment and fine.
|
|||
|
* Mandatory minimum sentence
|
|||
|
Growing or Cultivating
|
|||
|
1 oz – less than 5 lbs (less than 10 plants)
|
Felony
|
3* – 5 years
|
$ 25,000
|
|
5 – less than 25 lbs (10 – less than 50 plants)
|
Felony
|
5* – 10 years
|
$ 150,000
|
|
More than 25 lbs (50 plants or more)
|
Felony
|
10* – 20 years
|
$ 300,000
|
|
* Mandatory minimum sentence
|
|||
|
Hashish
|
|||
|
Possession of 5 g or less
|
Disorderly Person
|
6 months
|
$ 1,000
|
|
Possession of more than 5 g
|
Felony
|
6 months
|
$ 25,000
|
|
Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g
|
Felony
|
18 months
|
$ 10,000
|
|
Manufacturing, distributing, dispensing, or possessing with intent of 5 g – less than 1 lb
|
Felony
|
3* – 5 years
|
$ 25,000
|
|
Manufacturing, distributing, dispensing, or possessing with intent of 1 lb – less than 5 lbs
|
Felony
|
5* – 10 years
|
$ 150,000
|
|
Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more
|
Felony
|
10* – 20 years
|
$ 300,000
|
|
Within 1000 feet of a school or school bus
|
Felony
|
3* – 5 years
|
$ 150,000
|
|
* Mandatory minimum sentence
|
|||
|
Paraphernalia
|
|||
|
Possession or use of paraphernalia
|
Disorderly Person
|
6 months
|
$ 1,000
|
|
Sale of paraphernalia
|
Felony
|
18 months
|
$ 10,000
|
|
Important Tips
|
|||
|
Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details.
|
|||
|
If under 17 year, driving privileges shall be suspended for 6 months – 2 years
|
|||
Will a Marijuana Possession conviction affect employment
Suggestion:
take the first step & Be upfront
A NJ Marijuana Possession conviction will stay on your record for 5 years
If you plead guilty or are found guilty of simple marijuana possession charges in NJ, you face up to six months in jail and up to a one thousand dollar fine.
You must wait for five years from the date you completed your sentence before you can get an expungement. For example, if you were sentenced to pay fines, the five years start running once you pay all fines.
You face losing your license for a NJ Marijuana Possession Charge
Under the New Jersey criminal code, (N.J.S.A. § 2C:35-16), if you are convicted for any of the marijuana charges listed above, you will lose your driving privileges for at least 6 months and up to 2 years.
important:
CDS in a motor vehicle is a separate offense
There’s a separate “non-criminal” offense involving “drugs in a car” that carries serious consequences.
If you’ve been charged with marijuana possession in NJ, chances are very good that the police found the drugs during a traffic stop.
This means that the cops found drugs in your car.
Under N.J.S.A. § 39:4-49.1, if any drugs are found in your car, you face a fine and a MANDATORY 2-year license suspension.
This suspension starts from the date of your conviction.
We’ve devoted an entire article here.
-
Get Help With Your NJ Marijuana Possession Charges
If you would like to meet with us to discuss your case, we offer FREE consultations.
About the Author
Attorney At Law
-
201-766-4800
-
200 Passaic St. Hackensack, NJ 07601
Mr. Peyrouton is a Criminal Defense Attorney located in Hackensack, NJ.
His articles in the areas of Criminal Law have been published in The New Jersey Law Journal.
He is a distinguished author, trial attorney, and has had the privilege of arguing before the New Jersey Supreme Court.
Prior to becoming an attorney, Mr. Peyrouton was a world-class, competitive tennis player.
He is perfectly fluent in Spanish.
More Helpful Articles
Plea Bargains What Are They & How Do They Work?
Plea bargains run our criminal justice system. 90% of cases are settled by way of plea deals. When you’re charged with a crime, your lawyer will negotiate a plea bargain. But is a plea bargain your only way out?
How To Get Criminal Charges Dismissed
Getting your criminal charges dismissed is possible.
If you’ve been arrested, then you’re interested to know how your criminal lawyer can get your charges dismissed.
Of course, you understand that you are innocent until proven guilty.
NJ Felony Charges: 5 Steps To Start Fighting Back!
New Jersey felony charges are termed “Indictable Offenses”. These are the most serious charges that you can face. If you plead guilty, or are found guilty, the judge has no choice but to sentence you to prison.
The post NJ Marijuana Possession Charges | Am I Going To Prison? appeared first on Jersey Criminal Attorneys.