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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
  • Former Director in Middlesex County Prosecutor's Office
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Possession of Less Than 50 Grams of Marijuana

East Brunswick NJ Marijuana Possession Lawyers

Despite being a popular recreational drug, marijuana continues to be illegal in East Brunswick and everywhere else in New Jersey.  Not surprisingly, it is the controlled dangerous substance most often involved in possession cases handled by our lawyers. Actual or constructive possession of 50 grams or less of marijuana is a disorderly persons offense under N.J.S.A. 2C:35-10 which results in a criminal record, significant fines and a suspension of your driving privileges. It is therefore extremely important that retain an attorney that will do everything in his power to avoid a conviction to your charge in East Brunswick, Woodbridge, New Brunswick, Old Bridge, Piscataway or another Middlesex County municipality. The attorneys at The Law Offices of Jonathan F. Marshall are former prosecutors that have handled hundreds and possibly thousands of possession of marijuana cases over their 100 plus years in practice. For a free consultation with a lawyer on our staff anytime 24/7, contact our East Brunswick Office.

How Is Possession Defined Under N.J.S.A. 2C:35-10(a)(4)?

Under 2C:35-10(a)(4), an individual may be prosecuted for possessing a quantity as minor as residue in a bong or pipe. And “possession” under this statute need only actual physical possession but constructive possession as well. A person constructively possesses marijuana when he or she has knowledge of its presence and an intention to control it (e.g. smoke).  It is also important to keep in mind that under 2C:35-10(a)(4), more than one person may be in possession of the same marijuana. We see this arising where multiple individuals are sharing a bag or joint of marijuana, for example, where they are smoking it in a car.

Penalties for Possessing 50 Grams or Less of Marijuana

Penalties associated with Possession of Less than 50 Grams of Marijuana include a fine of up to $1,000. There is also the possibility of up to six (6) months in jail, or a term of probation during which the defendant could be subjected to drug testing and other conditions. If the marijuana was possessed within 1,000 feet of a school zone or park, the penalties can include up to 100 hours of community service. The defendant also faces a loss of driver’s license for at least six (6) months, even if the marijuana was not possessed in a motor vehicle. It is possible, however, to avoid many of these negative consequences through a program known as Conditional Discharge. The guidelines for admission into this program are strict.

Possession of Marijuana in a Motor Vehicle

If you possessed marijuana in a motor vehicle, the police have the ability to issue a separate summons for Possession of CDS in a Motor Vehicle under N.J.S.A. 39:4-49.1. This charge is similar to the criminal possession offense but the license suspension is much more significant . A conviction for violating N.J.S.A. 39:4-49.1 carries a mandatory two (2) year drivers license suspension.

Woodbridge NJ Possession of 50 Grams or Less of Marijuana Attorney

The attorneys on our defense team have prosecuted in approximately 25 New Jersey towns. The combination of this experience, as well as years defending individuals charged with marijuana possession in municipalities like Monroe, Spotswood, North Brunswick, Sayreville and South Plainfield, affords us invaluable insight for your benefit.  Let one of our eight criminal defense lawyers invest their time and skills so that the very best outcome can be achieved on your behalf. A lawyer is available to assist you immediately by calling our Woodbridge Office.

Contact the marijuana possession lawyers at The Law Offices of Jonathan F. Marshall if you have been charged with possession of 50 grams or less of marijuana in New Brunswick, Old Bridge, Woodbridge, East Brunswick, Piscataway, Sayreville, North Brunswick, Monroe, Edison, Metuchen, Carteret, South Brunswick, South Plainfield, Plainsboro, South River, Highland Park, Spotswood, South Amboy and Cranbury New Jersey.

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