Marijuana Charges

Consequences for Adults and Juveniles

New Jersey drug possession laws cover any amount of marijuana that is in the possession or on the property of any person. The punishment for marijuana possession, possession with intent to distribute, and distribution vary depending on the quantity of the drug in question.

Let’s take a look at the consequences of marijuana possession, possession with intent, or sale in the state of New Jersey:

Possession: (N.J.S.A. 2C:35-10a)

Possession of 50 grams or less of marijuana is considered a disorderly persons offense (misdemeanor) in New Jersey. If convicted, there is a jail term of up to 6 months, a fine of up to $1,000.00, a DEDR Penalty of $500.00 and a Drivers License Suspension of between 6 months and 2 years.

Possession of more than 50 grams of marijuana is a 4th degree crime (felony) and carries a jail term of up to 18 months, a fine of up to $25,000.00, a $750.00 DEDR Penalty, and a Drivers License Suspension of between 6 months and 2 years.

If convicted of possession of marijuana within 1000 feet of a school there is an additional sentence of at least 100 hours of community service.

Distribution (Sale) or Possession With Intent To Distribute (2C:35-5)

Distribution or Possession with Intent To Distribute less than 1 oz. of marijuana in New Jersey is a 4th degree crime punishable by up to 18 months in State Prison and carries with it a fine of up to $10,000.00. If the amount is between 1 oz. and 1 pound it is a 3rd degree crime punishable by up to 5 years in State Prison and a fine of up to $25,000.00. If the amount is greater than 5 pounds and less then 25 pounds it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00. If the amount exceeds 25 pounds it is a 1st degree crime punishable by between 10 and 20 years in State Prison and a fine of up to $300,000.00.

If you are convicted of selling or possessing with intent to distribute marijuana in New Jersey within 1000 feet of school property or on a school bus (N.J.S.A. 2C:35-7) it is a 3rd degree criminal offense punishable by up to 5 years in State Prison and there is a mandatory period of imprisonment unless waived by the Prosecutor and a fine of up to $150,000.00. If the amount is less than 1 oz. of marijuana then the period of imprisonment includes at least 1 year of parole ineligibility. If the amount exceeds 1 oz. then the period of parole ineligibility is at least 3 years.

If you are convicted of selling or possessing with intent to distribute less than 1 oz. of marijuana in New Jersey within 500 feet of a public housing facility, public park, or public building, it is a 3rd degree crime punishable by up to 5 years in State Prison and a $15,000 fine. If the amount is more than 1 ounce it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00.

Cultivation or Possession or Sale of Marijuana Plants (2C:35-5)

Marijuana Plants grown or possessed for personal use carry with them the same penalties discussed above. However, if they are sold or possessed with the intent to distribute then if the amount of plants is between 10 and 50 plants it is a 2nd degree crime punishable by between 5 and 10 years in State Prison and a fine of up to $150,000.00. If the amount is greater than 50 plants it is a 1st degree crime punishable by between 10 and 20 years in State Prison and a fine of up to $300,000.00.

Juveniles

In the state of New Jersey, any juvenile charged with marijuana possession faces the potential loss of their driver’s license along with mandatory monetary penalties. Juvenile cases are handled in the Superior Court, Family Division and punishment can include confinement in a juvenile correctional facility.

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