2C:35-10. Possession, Use or Being Under the Influence, or Failure to
Make Lawful Disposition. The Law
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or
constructively, a controlled dangerous substance or controlled substance analog, unless
the substance was obtained directly, or pursuant to a valid prescription or order form from
a practitioner, while acting in the course of his professional practice, Any person who
violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV
other than those specifically covered in this section, is guilty of a crime of the third degree
except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to
$35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of
a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants,
or more than five grams of hashish is guilty of a crime of the fourth degree, except that,
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00
may be imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or
five grams or less of hashish is a disorderly person with penalties including a fine, loss of
license, probation and up to 180 days in jail.
Any person who commits any offense defined in this section while on any property used for
school purposes which is owned by or leased to any elementary or secondary school or
school board, or within 1,000 feet of any such school property or a school bus, or while on
any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to
any other sentence which the court may impose, be required to perform not less than 100
hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous
substance, or its analog, 2C:35-10(b) for a purpose other than the treatment of sickness or
injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that
the accused did use or was under the influence of any specific drug, but it shall be
sufficient for a conviction under this subsection for the State to prove that the accused did
use or was under the influence of some controlled dangerous substance, counterfeit
controlled dangerous substance, or controlled substance analog, by proving that the
accused did manifest physical and physiological symptoms or reactions caused by the use
of any controlled dangerous substance or controlled substance analog.
c. Failure to Deliver Drugs to law enforcement officer (marijuana, hashish, heroin, cocaine
or other drugs or analog): 2C:35-10(c) Any person who knowingly obtains or possesses a
controlled dangerous substance or controlled substance analog in violation of subsection
a. of this section and who fails to voluntarily deliver the substance to the nearest law
enforcement officer is guilty of a disorderly persons offense. ($1000 fine and up to 180
days in jail) Nothing in this subsection shall be construed to preclude a prosecution or
conviction for any other offense defined in this title or any other statute.
|Possession of Marijuana In NJ (CDS): General Penalties Summary 2019
Possession Under 50 Grams: Up to 180 Days in Jail, Fine of up to $1000.00 and Probation for a period of time as determined by the court.
Possession of Over 50 Grams: Up to 18 Months in Jail, Fine of up to $25,000.00 and Probation for a period of time as determined by the court.
Fact: Over two thirds of the felons convicted in State
courts were sentenced to prison or jail.
Source: U.S. Department of Justice.
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In the State of New Jersey it is illegal to use, possess
2C:35-10a(4) or sell marijuana 2C:35-10a(3) unless you
have been licensed by the State. For personal
possession and use you need a doctors prescription,
and to sell you must be a New Jersey licensed
Personal Possession: Marijuana Under 50 Grams
The Penalties in NJ (2C:35-10a(4)
Personal Possession of Marijuana 2C:35-10(a)4 in NJ
is one of the most frequently charged criminal offense. Although this
quantity of marijuana may be legal in other states, in NJ it is still illegal as
of 2016. In general possession of marijuana for your own personal
consumption is charged when less than 50 grams of marijuana or 5
grams or less of hashish is found. Less than 50 grams includes a trace
amount or even just a seed or stem as it includes all parts of the
Marijuana plant. A possession charge of less than 50 grams can still be
upgraded to distribution even if less than 50 grams if in the context of
the arrest, certain facts and circumstances exist such as the police
finding a scale, multiple quantity of even empty baggies or other items
normally used in the sale or distribution of marijuana. For a charge of
possession of marijuana for under 50 grams in the state of New Jersey
you will face up 180 days in Jail and up to $1000.00 in fines and the
possible loss of your drivers license even for a first offense. If the
violation occurred within 1000 feet of a school then in addition to the
above penalties for the possession of marijuana you will have to serve
not less than 100 hour of community service as directed by the court.
Charged with Possession of Marijuana let us help you reduce or
eliminate your charge. With a proper defense even if you're guilty, you
still can Win or reduce the penalties. But you must take the first step
and call to setup your free in office consultation 1-800-9-RIGHTS
H. SCOTT AALSBERG, ESQ., P.C.
NJ Marijuana Defense Lawyer
SERVING ALL OF NEW JERSEY
Possession: Marijuana Over 50 Grams: 2C:35-10a(3)
Possession of Marijuana in the State of New Jersey for over 50 grams is
a 4th degree criminal charge with a jail sentence of up to 18 months.
Possession of synthetic marijuana such as Spice or K2 is also a 4th
degree charge as long as you have less than 28 grams. Possessin of
Marijuana of over 50 grams is rarely charged alone and generally
includes a marijuana distribution charge due to the quantity. If you are
charged with more than 50 grams and you do not have a distribution
charge included with the offense you face up to 18 months in Jail, up to
a $25,000 fine and the possible loss of your drivers license. If the
offense occurred in a school or bus zone the offender will have to
serve 100 hours of community service. These offenses are considered
serious criminal offenses and entitle you to a bench or jury trial in
Distribution of: Marijuana
Distribution of Marijuana in the State of New Jersey is commonly
charged when the quantity is over 50 grams. This is because
very few people need this amount, unless they intend to sell it.
However distribution of marijuana in the State of New Jersey is
basically divided into 3 categories: However all distribution
charges are very serious charges with a high chance of
Don't Be Afraid We Can Help. Sitting home thinking about your marijuana charge will not change the result only action will. Call our office now at 1-800-9-RIGHTS and set up a free in office consultation to
discuss your marijuana charge. *Important: Please remember that each charge for possession of marijuana in new jersey is fact sensitive and certain facts can increase or decrease the penalties listed above
and additional penalties may apply for various reasons including but not limited to the offense occurring within 1000 feet of a school etc. Past performance is not indicative of future performance and each case
is unique. Private in office consultation for possession or distribution of marijuana charges are available for free during normal business hours.. All penalties listed are subject to change at any time without
notice and may be inaccurate at time of viewing. 98% Success Rate in NJ Marijuana Drug charge cases is based on past case and may not apply to your case. By law no attorney can guarantee you a result,
however by choosing the best attorney you put the best chance on your side of winning your case. H. Scott Aalsberg, Esq., P.C. Main office address: 39 Milltown Rd, 2nd Floor East Brunswick, NJ 08816
Copyright 2019 NJ Marijuana Defense Lawyer H. Scott Aalsberg, Esq., P.C..
Distribution of Marijuana Less Than 1 Once (28 grams)
- Up to 18 Months in Jail
- Up to $10,000 in Fines
- Loss of Drivers license not less than 6 months up 2 years
Distribution of Marijuana Less Than 1 Once to 5 Pounds
- Up to 3-5 Years in Jail
- Up to $25,000 in Fines
- Loss of Drivers license not less than 6 months up 2 years
Distribution of Marijuana 5lbs but less than 25lbs
- Up to 5-10 Years in Jail
- Up to $150,000 in Fines
- Loss of Drivers license not less than 6 months up 2 years
How to Win a Criminal Charge for Possession of Marijuana or
Distribution of Marijuana in New Jersey
Want to know How to Win your Marijuana Charge? The best and
easiest way to win your New Jersey Drug Charge is to get the
Best Lawyer. Attorney H. Scott Aalsberg, Esq., has been ranked
by the National Academy of Criminal Defense Attorneys as one of
the Top Ten Criminal Lawyers in NJ. The National Trial Lawyers
has selected Attorney H. Scott Aalsberg, Esq., as one of the Top
100 Trial Lawyers and is rated as a Top Criminal Lawyer with a
perfect 10.0 score by AVVO and JUSTIA Lawyer rating websites.
"If you want the best result you need to get the best lawyer"
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Additional Penalties for Possession or Distribution of Marijuana for Students in College:
Any Marijuana charge in the State of NJ can lead to your ineligibility for student loans. If a student is convicted of the possession of illegal drugs, he or she
loses eligibility for federal aid for one year for the first offense, two years for the second offense and indefinitely for the third. Selling or conspiring to sell
illegal drugs has a slightly shorter leash: After conviction for a first offense, students lose aid eligibility for two years and then lose eligibility indefinitely after
their second offense. The ineligible period starts from the date of conviction, rather than the date of the offense. The loss of your student loan money can
be significant for most students and families, and thus another reason you must not give up and fight your charge. Remember if you did it, that does not
mean the state can prove you guilty. Defenses to a marijuana charge exist but without hiring a skilled lawyer you will not have the advantage of them. Being
Not Guilty is a legal term not a factual term. If you want to be not guilty you fight starts with hiring the best marijuana defense lawyer. Call Now to setup your
free in office consultation to learn how we can help you. The call is free but the results could last a lifetime.
- Up to 6 Months in Jail
- Up to $1,000 in Fines, and $500 DERP Fee
- Probation as determined by the court
- Loss of Drivers license not less than 6 months nor more than
2 years. Additional 2 years loss of license if found in a motor
vehicle and charged with 39:4-49.1
- 100 hours community service if offense occurred in School or
Additional Related Penalties and Offenses Charged with Possession or Distribution of Marijuana in NJ:
2C:35-10(b): Using or Being Under the Influence of CDS including Marijuana in NJ
2C:35-10(c): Failure to Deliver CDS including Marijuana in NJ to the Police
2C:36-2: Possession of Drug Paraphernalia in NJ including bongs, rolling papers scales and the like
39:4-49.1: Possession of CDS including Marijuana in a Car or any Motor Vehicle
All of the above listed charges are commonly charged with possession of Marijuana in NJ and will increase the possible sentence the offender will serve. The
above charges are related to a possession or distribution charge, but are considered independent for sentencing purposes. With each charge listed above
(except for 39:4-49.1) the offender faces up to an additional 180 days in jail and $1000.00 fine.
For the Charge of 39:4-49.1 the offender faces a 2 year loss of drivers license.
For any conviction in NJ for possession, distribution of marijuana and or drug paraphernalia pursuant to NJSA 2C:35-16.1, if you are found or plead to guilty to
the charge and rent a home or apartment your landlord by law may be notified of your conviction.
We can help you eliminate or reduce these offense, but you must take the first step and call. The call is free but the results will last a lifetime.
|Attorney H. Scott Aalsberg, Esq., is Ranked Nationally as a Top Criminal Defense Lawyer
If you want the best chance to win your Possesion or Distribution of Marijuana Charge you need to hire the best lawyer.
Put Attorney H. Scott Aalsberg, Esq., high success rate to work for you.
|H. SCOTT AALSBERG, ESQ., P.C.
ATTORNEY AT LAW
The Aalsberg Building
39 Milltown Road, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
www.getnotguilty.com "Our Name Says It All"
Elements The State Must Prove for a Conviction for a NJ Marijuana Possesion or Distribution Offense:
1) The Substance introduced as evidence is proven to be marijuana by proper testing
2) The Defendant possessed or obtained the marijuana
3) The amount possessed is correct for the grade of offense charged
4) The defendant acted knowingly or purposefully in possessing the marijuana
5) The defendant possessed the marijuana within 1000 feet of school, housing project or school bus
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The more time we have to work on your marijuana charge the more we can do to help you Win! 1-800-9-RIGHTS
|Even Possession of a seed or residue is
still a criminal violation in NJ!