Marijuana Possession: More than 50 Grams

Princeton NJ Possession of Marijuana Attorneys

With Offices in Trenton and Pennington

Do not take a drug charge like marijuana possession lightly. If you are convicted of marijuana possession in New Jersey, you are looking at significant prison time. Beyond that, after you are released from prison, you will have a drug crime conviction on your permanent record. This could cause serious problems for you down the road. For example, it might be difficult for you to secure or maintain employment in the future.

Kamensky Cohen & Riechelson is a well-respected law firm that has been representing clients in New Jersey and Pennsylvania since 1972. Our skilled attorneys help clients fight marijuana possession charges in Hightstown, Pennington, and everywhere else in Mercer County, NJ. Our familiarity with local courtroom procedure and personnel gives us an edge in your case because we have specialized institutional knowledge and unique insight into prosecutorial strategies. Call KCR now to start your defense.

Possession of Over 50 Grams of Marijuana in Mercer County NJ

Possession of more than 50 grams of marijuana is governed by N.J.S.A. 2C:35-10a(3). The offense is classified as a fourth degree felony. It does not matter by how much the marijuana in your possession exceeded 50 grams; the penalties are the same regardless of the amount so long as the amount is greater than 50 grams.

Additionally, even if you did not have the marijuana on your person, you can still be charged with marijuana possession because NJ law recognizes “constructive possession.” This means that you are still considered to possess the drugs if they are nearby, you have the ability to exercise control over them, and you intend to exercise control over them.

The prosecution must prove that you knowingly and intentionally possessed the marijuana. Although the possession can be either actual or constructive – meaning that it doesn’t have to be on your person – the prosecution must show that you knew you had the marijuana on you or nearby and you intended to have it.

Penalties for Marijuana Possession in New Jersey

Anyone convicted of possession of more than 50 grams of marijuana may be sentenced to up to 18 months in NJ State Prison and fined up to $25,000.

If you are caught with marijuana in a school zone or within 1,000 feet of school property, you will be subject to enhanced penalties that include a minimum of 100 hours of community service.

Alternative Sentencing for Marijuana Charges: Pre-Trial Intervention

If you are a first-time offender, it might be possible to get your case diverted into Pre-Trial Intervention (PTI). This is a diversionary program that allows first-time offenders charged with a felony to complete rehabilitation and a sort of quasi-probation instead of being sentenced to prison time. Not only will PTI allow you to stay out of prison; at the conclusion of the program, your permanent record will remain clear of a drug crime conviction.

Related Charge: Possession of Marijuana with Intent to Distribute

Depending upon the circumstances, you could face more significant charges of possession with intent to distribute. This often occurs when a person is found in possession of a large amount of marijuana that is unlikely to be for personal use. If you are charged with marijuana distribution, the penalties can be significant.

Call a Princeton NJ Marijuana Possession Lawyer

Kamensky Cohen & Riechelson has a proven track record of success when it comes to fighting marijuana possession charges in New Jersey. Call us today to discuss your case, or fill out the online contact form to schedule a free consultation at our Pennington or Trenton offices.

Contact Kamensky Cohen & Riechelson

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