New Jersey Marijuana Law under N.J.S.A. 2C:35-10
In accordance with section a(4) of N.J.S.A. 2C:35-10, it is a disorderly persons offense to possess less than 50 grams of marijuana. Under the statute, the term “possess” or “possession” contemplates that the control of the marijuana was knowingly or purposely. The possession of marijuana need not, however, be actual physicial possession to satisfy this requirement. Constructive possession suffices under the law. An individual has constructive possession of marijuana when he or she is aware of the presence of the substance and has the capacity to exercise control over it.
The most common way our attorneys are able to resolve these types of charges is through the arrangement of a Conditional Discharge, or in some cases, through an outright dismissal of the charges. A conditional discharge is a diversionary program that clients may be eligible for, and satisfaction of a conditional discharge (usually a one-year probationary period) will lead to the prosecutor dropping the charges altogether. A dismissal of the charges may also be sought after through the use of a well-argued suppression motion, meaning that the evidence seized (in this case, marijuana or other paraphernalia) is thrown out due to improper search methods, warrantless searches, inadmissible lab reports, or some other circumstance that our marijuana defense attorneys are able to bring forward.
Penalties for Possessing Less than Fifty (50) Grams of Marijuana
The sanction which is typically the most concerning to individuals charged under 2c:35-10 is the six (6) month drivers license suspension. While this requirement was long mandatory, the law has been amended to carve out a narrow exception where the suspension would result in an extraordinary hardship to the defendant. With sound preparation and legal argument, our lawyers are often able to overcome drivers license suspension for those convicted of possessing less than fifty grams. In any case, the law also allows courts in Union County to impose a jail sentence of up to six (6) months, probation, and significant fines upon conviction.
If you would like to learn more about how our Union County law firm can assist you, please feel to contact us at 908-272-1700. Attorneys from our office are available 24/7 to answer your questions and advise you. Initial consultations with our lawyers are always without charge.
Marijuana Defense Lawyers Near Plainfield, NJ
The most common drug charge encountered by our attorneys in Union County is Possession of Less than 50 Grams of Marijuana. This form of marijuana possession is what is referred to as a disorderly persons offense (i.e. a misdemeanor under NJ law). These charges are heard in the Union County municipal court where the alleged infraction transpired. Our lawyers are extremely adept in defending those arrested for possessing marijuana in an amount less than 50 grams. This skill is derived from years of experience: Jonathan F. Marshall is a former prosecutor who has handled hundreds of marijuana cases; Colin Bonus is a knowledgeable marijuana lawyer of almost 30 years; and Thomas V. Campo is also a former County Prosecutor and Municipal Prosecutor. Every attorney has over 15 years in practice and is always happy to put their expertise to work for those charged with possession charges.