Wildwood Minor Marijuana Possession Charges Attorney
As it stands, marijuana possession is still illegal in New Jersey. Though the legislature is considering changing that law, until they do, you can still be arrested and prosecuted for possessing or using marijuana in NJ. Most marijuana charges are relatively minor offenses compared to other drug crimes, but they can still carry hefty fines and jail time.
If you or a loved one was charged with a marijuana crime at the shore, talk to the Wildwood marijuana defense attorneys at The Law Offices of John J. Zarych today. Our attorneys can help you fight your case and work to get your charges dismissed and penalties reduced. For help with your case, call our law offices to schedule a free consultation. Our number is (609) 616-4956.
Is Marijuana Possession a Crime in New Jersey?
Under N.J.S.A. § 2C:35-10, it is illegal to possess or use any drugs. This includes prescription drugs if the prescription is not in your name. Possession charges change severity based on the drug possessed, or sometimes the quantity of drugs you have.
Marijuana possession charges can come in the form of minor charges for possession of a small amount, or more severe charges if you have higher quantities. The cutoff for a “small amount” of pot is 50 grams. Possessing 50 grams or less constitutes a lower-level offense, but charges are upgraded if you have over 50 grams. Hashish, concentrated resin from marijuana plants, has a lower cutoff. Since the drug is more concentrated, the cutoff is 5 grams instead of 50, so that possession of 5 grams or less is a “small amount.”
Any form of marijuana is considered illegal. This means that if you have fresh marijuana or oil for a vaporizer, you can still be arrested. In addition, the weight of any “adulterants or dilutants,” including the weight of brownies or other edibles, is included in the weight when judging whether it qualifies as a “small amount.”
Even if you only have a small amount of marijuana, you can face increased charges if you possessed the drugs with the intent to deliver them to someone else or were actually caught selling/delivering them. Even a small, personal amount of marijuana can lead to charges for drug dealing or possession with the intent to deliver (PWID). As opposed to “simple possession” for personal use, PWID carries harsher penalties and can send you to jail in many cases.
Possession of drug paraphernalia is also common with marijuana charges. Marijuana is not usually possessed by itself, and you may have it rolled into a cigarette or stored in a plastic baggie. Any items used to store, administer, weigh, prepare, or otherwise use with drugs are considered paraphernalia, and they can lead to additional charges for each piece of paraphernalia. Typical examples of marijuana paraphernalia include:
- Rolling papers,
- Modified vapes,
- Baggies/storage containers,
- Roach clips,
- And more.
Penalties for Marijuana Possession in Wildwood, NJ
Being arrested for a marijuana charge can be stressful, even if the charges are minor. When police investigate marijuana possession charges, they may simply take the drugs and issue you a citation to address in court. However, police may also arrest you, take you to the station, book you, and release you on bail. If they find other warrants for your arrest, you may be kept in jail to deal with those other charges.
If you lose your marijuana case, you could face penalties that vary depending on the charge.
- For a small amount of marijuana, you can face charges for a disorderly persons offense. This carries penalties of up to 6 months in jail and fines up to $1,000.
- Possession of over 50 grams of marijuana is a fourth degree crime punished by up to 18 months in prison and fines up to $25,000.
Possession of marijuana with the intent to deliver is a much more serious crime. These penalties vary greatly based on the amount possessed, even for small amounts:
- Less than one ounce is a fourth degree crime with up to 18 months in prison and fines up to $10,000.
- One ounce or more, but under 5 pounds, is a third degree crime with 3-5 years in prison and fines up to $25,000.
- 5 pounds or more, but under 25 pounds, is a second degree crime with 5-10 years in prison and fines up to $150,000.
- 25 or more pounds is a first degree crime with 10-20 years in prison and fines up to $300,000.
If you are charged with any marijuana offense, there is always the chance that charges could be upgraded to PWID charges if police or prosecutors believe you intended to sell or transfer the drugs. Talk to an attorney to help protect your rights and fight the charges against you.
Wildwood Marijuana Possession Defense Lawyers Offering Free Consultations
If you or a loved one was charged with a marijuana possession offense in Wildwood, NJ, talk to an attorney about your charges today. New Jersey police and prosecutors take drug offenses very seriously, and the penalties could be incredibly high if they accuse you of possession with the intent to deliver. For a free consultation on your case, call the Wildwood marijuana charges defense attorneys at the Law Offices of John J. Zarych today at (609) 616-4956.