Charged With Possession of 50 Grams or Less in Scotch Plains New Jersey
There is no doubting the fact that the most frequently issued criminal offense in Scotch Plains New Jersey is possession of 50 grams or less of marijuana. While there is also occasion to charge someone with a fourth degree crime for possessing over 50 grams, that offense is far less common in Scotch Plains Township. If you were charged with either grade of marijuana possession, you are well advised to consult with a knowledgeable criminal defense attorney since the ramifications of a guilty finding are significant.
At the Law Offices of Jonathan F. Marshall, our lawyers are savvy litigators, several of whom are former prosecutors, who can help you defend a Scotch Plains marijuana possession charge. You should know that we have extensive resources to bring to the table with eight attorneys that have been practicing in Scotch Plains Municipal Court and elsewhere in Union County for over 100 years combined. To reach a lawyer to discuss your marijuana case now, call 908-272-1700.
Marijuana Possession Charge in Scotch Plains
As previously stated, most marijuana possession charges in Scotch Plains involve 50 grams or less under N.J.S.A. 2C:35-10a(4). This section of the statute makes it a disorderly persons offense to possess marijuana in such quantity. A charge of this grade falls under the jurisdiction of the Scotch Plains Municipal Court. Possessing more than 50 grams of marijuana is a fourth degree crime, a felony, that can only be adjudicated at the Union County Superior Court in Elizabeth New Jersey.
You can be convicted of either of these grades of offense if you actually or constructively possess marijuana. Actual possession means that you have direct physical control over the CDS. Constructively applies where someone lacks physical possession but is aware of the presence of the drugs and has both the ability and intention to exercise control over them in the future.
The penalties you face for possessing marijuana in Scotch Plains hinge on the whether your charge stems from 2C:35-10a(4) or 2C:35-10a(3). A disorderly persons offense for possession of marijuana can result in a fine of up to $1,000 and up to 6 months in jail. A fourth degree crime for marijuana possession (i.e. over 50 grams) carries up to 18 months in state prison and a fine that can reach $25,000. Another consequences of conviction is suspension of your driver’s license for 6-24 months. There is also a minimum period of community service of 100 hours that must be imposed if the marijuana is possessed in a school zone (i.e. within 1,000 feet of school property).
Distribution of Marijuana in Scotch Plains. The penalties for manufacturing, selling, distributing or possession with intent to distribute marijuana in Scotch Plains are even more serious. The charge below outlines the maximum consequences of a conviction for distribution of marijuana in Scotch Plains New Jersey.
| Degree of Offense | Quantity | Fine | Prison Term |
| First Degree | 25 Pounds or More | $300,000 | 10-20 Years |
| Second Degree | 5 to 25 Pounds | $150,000 | 5-10 Years |
| Third Degree | 1 Ounce to 5 Pounds | $25,000 | 3-5 Years |
| Fourth Degree | Less than 1 Ounce | $10,000 | Up to 18 Months |
In addition to the penalties set forth above, an individual is exposed to additional charges and penalties if the Scotch Plains marijuana distribution occurs in a school zone or public park zone.
Scotch Plains NJ Marijuana Attorney
As you can see, a marijuana charge in Scotch Plains can have serious ramifications. Selecting the right attorney to defend you case is therefore pivotal. The lawyers that are employed at the Law Offices of Jonathan F. Marshall have over a century of collective experience representing individuals arrested for possession or distribution of marijuana in Union County, including Scotch Plains. A lawyer is available for a free consultation to go over all of the facts and legal issues of your case now. Contact us at 908-272-1700 to speak to one of our attorneys at your earliest convenience.
