Charged With Possession of Marijuana in the Borough of Spotswood
Marijuana is now legal for medical purposes in New Jersey and there is a major push to expand the law to allow for recreational use. However, as of this writing, possessing marijuana (without proof of a need for medical marijuana) is still illegal in Spotswood and everywhere else in the state. If you have been charged with a Spotswood NJ possession of marijuana offense, you would be wise to obtain the services of a criminal defense attorney who has experience with Spotswood drug possession charges.
The attorneys at The Law Offices of Jonathan F. Marshall have the experience you need to assess your case, constructively negotiate with the prosecutor, and advocate on your behalf in court. An attorney at the firm has been successful in getting charges against our clients dismissed outright, or at the very least downgraded to a much lesser offenses. Speak with a Marshall Firm attorney today. We offer a free initial consultation. Learn about your legal defense options by calling our New Brunswick office at 732-246-7126.
Possession of Marijuana in Spotswood, NJ
Marijuana possession crimes are prosecuted in New Jersey under N.J.S.A. 2C:35-10. The amount of marijuana in your possession dictates the seriousness of the offense.
Under N.J.S.A. 2C:35-10(a)(3), possession of more than 50 grams of marijuana is a fourth-degree offense. Such an offense is brought in Middlesex County Superior Court in New Brunswick, because a fourth-degree offense is considered a felony.
By contrast, under N.J.S.A. 2C:35-10(a)(4), possession of 50 grams or less of marijuana is a disorderly persons offense, which is typically prosecuted in Spotswood Municipal Court.
Marijuana Possession Penalties
The fourth-degree offense (for possessing more than 50 grams of marijuana) carries a sentence of up to 18 months in prison and a fine of up to $25,000. The disorderly persons offense (for possessing 50 grams or less of marijuana) carries a sentence of up to 6 months in jail and a fine of up to $1,000.
In addition, a conviction for either offense subjects you a 6-month suspension of your driver’s license, even if the marijuana was not found in a car. Further, if the possession of marijuana occurred within 1,000 feet of a school or school bus (regardless of whether children were present), you must be sentenced to 100 hours of community service if a jail sentence is not imposed.
Conditional Discharge – An Alternative for First-Time Offenders
It is important to be aware of the fact that there is something called a Conditional Discharge Program. It is available to first-time offenders, and it allows the accused to avoid a criminal record by following a number of court-imposed requirements. The requirements are similar to probation, whereby an officer of the court monitors your progress, such as regular drug testing. If you satisfy the conditions during the time period ordered by the court, then the possession of marijuana charge is dismissed, and you have no criminal record for the offense. A similar program known as Pretrial Intervention or PTI provides for a similar result when someone is facing a fourth degree marijuana possession charge. A Marshall Firm attorney can provide you with more detail about either of these diversion programs and other legal options when reviewing your Spotswood marijuana case.
Spotswood Marijuana Possession Attorneys
While there is greater acceptance of marijuana use, and cases of possessing a small amount of marijuana are not strictly enforced, marijuana possession is still illegal in New Jersey. If you were arrested for marijuana possession in Spotswood New Jersey, contact the team of experienced criminal defense attorneys at The Law Offices of Jonathan F. Marshall, at 732-246-7126. The lawyers on our team have successfully handled thousands of possession of marijuana cases and will work hard to get your case dismissed. To obtain a free consultation with an attorney immediately, call our office anytime 24/7.
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