Possession or Distribution of Marijuana In NJ: General Penalties
NJ Legalized Possession of Certain Amounts of Marijuana in 2021. However the quantity allowed by law is no more than 6 ounces. If you have more than 6 ounces of Marijuana or 17 grams of Hasish you can be charged with a crime, unless you fall under one of the exceptions outlined in the law such as having a cultivation license or dispensary license.
Distribution Of Marijuana:
Distribution of Marijuana in the State of New Jersey is commonly charged when the quantity is over 1 ounce and you have tried to sell or give it to another person. 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 2 categories if the person is not a licensed grower, medical dispenser or distributer: All distribution charges are very serious charges.
Penalties: Distribution of Marijuana Over 1 Ounce to 6 Ounces
- 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
Additional Penalties for Distribution of Marijuana for Students in College:
Any Marijuana charge in the State of NJ could lead to your ineligibility for federal 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 be priceless and last a lifetime.
Possession of Synthetic Marijuana:
Possession of synthetic marijuana such as Spice or K2 is a 4th degree charge as long as you have less than 28 grams. In addition to the fine of up to $7500 you face up to 18 months in jail and 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 Superior Court.
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How to Win a Criminal Charge in New Jersey
Want to know How to Win your Marijuana Charge? Hire 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"
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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Elements The State Must Prove for a Conviction for a NJ Marijuana Possesion or Distribution Offense
- The Substance introduced as evidence is proven to be marijuana by proper testing.
- The Defendant possessed or obtained the marijuana.
- The amount possessed is correct for the grade of offense charged.
- The defendant acted knowingly or purposefully in possessing the marijuana.
- The defendant possessed the marijuana within 1000 feet of school, housing project or school bus if so charged.
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New Jersey's Marijuana Plant and Cultivation Law Penalties
Unless an individual obtains a cannabis cultivator license, it is illegal to cultivate marijuana in New Jersey. Penalties vary according to the number of plants cultivated. Second and subsequent convictions may be punished more harshly.
Fewer than ten marijuana plants. The offense is a third degree crime, and potential penalties include a fine of up to $25,000, between three and five years in prison, or both.
Between ten and 49 plants. The offense is a second degree crime, and potential penalties include a fine of up to $150,000, between five and ten years in prison, or both.
50 or more plants. The offense is a crime of the first degree, and potential penalties include a fine of up to $300,000, between ten and 20 years in prison, or both.