Possession of 50 Grams or Less of Marijuana in Summit New Jersey
The largest number of criminal charges in Summit Municipal Court involve marijuana, in particular, possession of 50 grams or less. This violation is a disorderly persons offense whereas possession of more than 50 grams or marijuana is a fourth degree crime. If you were arrested for either grade of marijuana possession in the City of Summit, it is certainly in your best interests to hire a knowledgeable attorney. This is precisely what you will find at our firm, the Law Offices of Jonathan F. Marshall. We are accomplished lawyers, most of whom are ex-prosecutors, that have over a century of combined experience defending marijuana charges like the matter you were charged with in Summit New Jersey. If you would like to speak to a lawyer about the circumstances that resulted in your being arrested, contact our Union Office today. Attorneys with the skills to help you are available immediately by calling 908-272-1700.
Marijuana Possession Offense in Summit
As previously stated, a marijuana possession offense in Summit can come in one of two grades. There is little doubt that the largest percentage of Summit drug charges result from possessing 50 grams or less of marijuana in violation of N.J.S.A. 2C:35-10a(4). A Summit disorderly persons offense such as possession of under 50 grams is heard in municipal court. A fourth degree crime under 2C:35-10a(3) for possessing over 50 grams is outside the authority of the Summit Municipal Court and must be sent to the Union County Superior Court, which is located in Elizabeth New Jersey, for resolution. The following headings discuss the important aspects of each of these pedigrees of possession of marijuana.
- What The Law Says. Under 2C:35-10, it is illegal to knowingly possess marijuana either actually or constructively. When the quantity possessed is more than 50 grams, subsection a(3) makes that violation a fourth degree crime. If you possess 50 grams or less, the charge is a disorderly persons offense.
- Penalties. A conviction for a disorderly persons offense for possessing less than 50 grams of marijuana results in a fine of up to $1,000 and up to 6 months in the Union County Jail. A fourth degree crime for possession of marijuana carries a fine of up to $25,000 and up to 18 months in state prison.
- Driver’s License Suspension. You face a driver’s license suspension of 6-24 months for either form of marijuana possession and this applies even if you weren’t issued a summons for possession of CDS in a motor vehicle. The reason is because the New Jersey Criminal Code imposes this penalty for anyone convicted of a drug or drug paraphernalia offense in state.
- Diversion Programs. You can avoid prosecution for either grade of marijuana possession if you are a first time offender who has never had the opportunity to secure a diversion previously. Pretrial Intervention applies to indictable charges like a fourth degree crime and Conditional Discharge applies where less than 50 grams is involved. Both programs require that you complete a period of probation where you remain drug and arrest free.
Summit NJ Marijuana Possession Defense Lawyer
The attorneys on our eight member team have handled literally thousands of marijuana possession charges over the last several decades. This experience allows us to identify and persuasively present challenges to motor vehicle stops, warrantless searches and other issues that allow our clients to avoid a conviction. A defense lawyer at the Law Offices of Jonathan F. Marshall is available to discuss the facts of your case and to advise you as to the options for successfully defending this charge. Call us at 908-272-1700 anytime of day to speak to an attorney in a free consultation. The sound guidance from one of our lawyers is available immediately.
