Possession of Marijuana in the Borough of Mountainside
Last season, a Mountainside resident driving in Scotch Plains was stopped by police for a motor vehicle violation. As a result of the car stop, the police officers observed marijuana in the car, and the driver was arrested for possession of marijuana. Although there is a current trend throughout the country of treating marijuana possession as nothing more than a minor infraction, it is still illegal in New Jersey. While police will typically target individuals with large quantities of marijuana in their possession, you can still be arrested for possessing a small amount. If you are facing marijuana possession charges, be sure to consult an experienced marijuana possession attorney. The attorneys at the Law Offices of Jonathan F. Marshall have particular expertise in marijuana cases, and they will aggressively defend you in court against such charges. In fact, our attorneys will try to leverage the recent wave of marijuana legalization efforts throughout the country to convince the Mountainside Municipal Court, or Union County Superior Court, that you should be treated with leniency. Call our Union Township office at 908-272-1700. The initial consultation is no cost to you. Our attorneys are available throughout the day and night to speak with you.
Marijuana Possession Charge in Mountainside New Jersey
All drug possession cases, including marijuana, are prosecuted under New Jersey statute N.J.S.A. 2C:35-10. The statute provides that possession of more than 50 grams of marijuana is a crime in the fourth-degree. Cases that are fourth-degree or more serious are considered felonies (or “indictable offenses”) in New Jersey. Such cases are handled in Union County Superior Court. However, possession of 50 grams or less of marijuana is a disorderly persons offense, which is typically prosecuted in Mountainside Municipal Court.
The penalties for possessing marijuana hinge on the quantity involved and whether the charge involves personal use or distribution of marijuana. The following penalties apply to the former:
- Fourth-degree possession. The sentence can be up to 18 months in prison and a fine of up to $25,000.
- Disorderly persons possession. The sentence can be up to 6 months in jail and a fine of up to $1,000.
- Additional penalties. There is a 6-month suspension of driver’s license, even if the marijuana was not found in a car. In addition, if the possession of marijuana occurred within 1,000 feet of school property, regardless of whether children were present, you must perform at least 100 hours of community service.
Conditional discharge for first-time offenders. One program that is available to first-time offenders who have never been in trouble with the law before is the Conditional Discharge program. Being admitted into the program means that you are ordered to follow certain probationary-type requirements. If you follow those requirements over a period of time (usually 6 months to a year), you then have your charges dismissed. The benefit of the program is immense. Successful completion means that you are not convicted of any offense, and therefore do not get a criminal record based on the charge. Having handled many drug possession cases, The Law Offices of Jonathan F. Marshall attorneys will be able to do what it takes to have you admitted into the program if you are first-time offender.
Mountainside Possession of Marijuana Defense Attorney
The recent trend of legalization of marijuana throughout the country does not mean that possession of marijuana is now legal in New Jersey. It is not. So, if you are arrested for marijuana possession, be sure that you have competent defense attorney to assist you. The Law Offices of Jonathan F. Marshall employ an accomplished staff of lawyers with a proven track record of success in marijuana possession cases throughout the region, including in Mountainside. Call us today at 908-272-1700 to take advantage of a free consultation with a lawyer at the firm. Attorneys on the team are available around the clock to address your inquiries.
