Imitation Marijuana Charges in Middlesex County NJ
New Brunswick Criminal Defense Lawyers
New Jersey has outlawed possession, distribution, and manufacturing of synthetic cannabinoids (a.k.a. imitation marijuana). This form of controlled dangerous substance (“CDS”) goes by a wide range of names including herbal smoke, black mamba, incense, K2, and spice. It is important to note, however, that the chemical makeup of these drugs frequently change and that the labels which they bear also follow this pattern. The key to identifying whether something qualifies as imitation marijuana or synthetic marijuana in terms of lawmakers is whether the product mimics or is intended to mimic the effect of THC. The compounds that have fallen within this classification thus far are HU-210, JWH-073, JWH-018, JWH-203, JWH-122, JWH-250, JWH-302, AM-694, RCS-4, and AM-2201. If you have been charged with possessing synthetic/imitation marijuana under N.J.S.A. 2C:35-10.3a or, worse yet, distribution under N.J.S.A. 2C:35-5.3a, give us a call. Both of these charges are felonies if you are convicted and also carry significant fines and potential jail time. It is therefore in your best interests to hire an attorney. We can be reached for assistance 24/7 at 732-246-7126.
New Brunswick NJ Synthetic Cannabinoid Possession
N.J.S.A. 2C:35-10.3 renders it illegal to knowingly or purposely obtain or possess a synthetic cannabinoid. Possession of synthetic marijuana in a quantity of more than an ounce is a third degree crime. Possession of less than an ounce is a fourth degree crime. A conviction for either grade of this offense results in a felony record. The jail exposure for third degree synthetic marijuana possession is up to five (5) years. Fourth degree synthetic marijuana possession carries up to eighteen (18) months in jail. The court may also impose a fine of $15,000 and $10,000 for third degree possession and fourth degree possession, respectively.
Manufacturing or Distributing Imitation Marijuana
If you were arrested for possession with intent to distribute synthetic marijuana or distribution of this variety of CDS, you are facing prosecution in accordance with N.J.S.A. 2C:35-5.3a. This law provides that:
NJ Statute: 2C:35-5.3a. Criminalization, degree of crime.
a. It is a crime for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute, or dispense substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC).
b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the second degree.
c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the third degree.
It is a third degree crime to manufacture or distribute less than one ounce of a synthetic cannabinoid. If the distribution involves oe ounce or more, it is a second degree crime. The penalties for second degree distribution or intent to distribute a synthetic cannabinoid include five (5) to ten (10) years in prison and a fine that can reach $150,000. Third degree distribution carries a term of imprisonment of three to five years and a fine of $15,000.
Former Prosecutors Who Are Ready to Fight For You
Both distribution and possession of a synthetic cannabinoid are serious offenses. If you or someone you love has been charged with either of these two crimes, it is imperative that you seek representation from an experienced criminal attorney today. In this regard, please feel free to contact us anytime 24/7 at 732-246-7126.
