Marijuana Possession: 50 Grams or Less

Trenton NJ Possession of Marijuana Lawyer

With Offices in Pennington, New Jersey

Although many states are now beginning to legalize marijuana use, New Jersey continues to treat marijuana possession as a serious drug crime. If you are caught with even a single joint, you can be arrested and charged with marijuana possession. Worse yet, NJ prosecutors won’t hesitate to seek maximum penalties in marijuana cases because marijuana is perceived as a gateway drug to more harmful substances like cocaine and heroin.

Kamensky Cohen & Riechelson is a highly respected law firm with a rich tradition in New Jersey and Pennsylvania. Our criminal defense lawyers have more than 40 years of experience defending clients against drug charges throughout Mercer County, NJ, including Princeton, Hamilton, and West Windsor. Additionally, our litigation team includes a New Jersey Certified Civil Trial Attorney and a New Jersey “Super Lawyer” who has been recognized by his peers as one of the top lawyers in the state. Call KCR today to discuss your marijuana possession charges and begin your defense.

Marijuana Possession Charges in Mercer County NJ

Low-level marijuana possession offenses are governed by N.J.S.A. 2C:35-10a(4). Possession of 50 grams or less of marijuana is classified as a disorderly persons offense. NJ law makes no distinction between 1 gram and 50 grams; the penalties for possession are the same. However, if you are found in possession of more than 50 grams of marijuana, not only will you be subject to more serious possession charges; you could even be charged with possession with intent to distribute.

The prosecution does not necessarily need to prove that you had actual possession of the marijuana; they may try to prove that you had constructive possession. This means that the drugs were near you and you had the ability to exercise control over them. For example, if the marijuana was found in the glove compartment of your car and you were driving the vehicle, the prosecution may be able to prove that you constructively possessed it. Additionally, even if the marijuana was found on someone else’s person, you can still be charged with marijuana possession. That’s because NJ law recognizes the possibility that two people might jointly possess the same item.

Penalties for Possession of Marijuana in New Jersey

If you are convicted of simple possession of marijuana, you can be sentenced to up to 6 months in county jail. A conviction for simple possession of marijuana can also result in a fine of up to $1,000, as well as suspension of your driver’s license for 6 months. Moreover, these penalties apply even if this is your first offense.

Schools are special protected areas in New Jersey. If you are convicted of possessing even a small quantity of marijuana in a school zone or near school property, the court may impose additional penalties. For example, you can be required to perform a minimum of 100 hours of community service.

Alternative Sentencing: Conditional Discharge in Trenton NJ

first-time offender might be eligible for a diversionary program known as Conditional Discharge. If you are admitted into the Conditional Discharge program, you will be required to complete a period of probation supervision that typically lasts for just 1 year. After successful completion of the program, there will be no record of a conviction on your permanent record. If you have previously been admitted into Conditional Discharge or if the offense occurred in a school zone, you may be ineligible for the program.

Related Charge: Possession of CDS in a Motor Vehicle

Many times, a Marijuana Possession charge is accompanied by a charge of Possession of CDS in a Motor Vehicle. If you were caught with marijuana while operating a car on a New Jersey highway, you could be subject to additional penalties that include suspension of your driver’s license for 2 years.

Free Consultation with a Trenton NJ Marijuana Possession Attorney

Kamensky Cohen & Riechelson is a team of skilled attorneys who will fight tirelessly for your rights. We will do whatever it takes to win your marijuana possession case and help you move on with your life. Call us today to discuss your charges, or email us to schedule an appointment at our Trenton or Pennington offices.

Contact Kamensky Cohen & Riechelson

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Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.