Marijuana FAQ

-Possession of less than 50 grams-

New Jersey Marijuana Possession Laws

If you have been charged or arrested with possession of marijuana, possession of marijuana paraphernalia, growing marijuana or operating a facility, selling or distributing marijuana or charged with marijuana in a school zone please read the following information and call me , Anthony N. Palumbo immediately to discuss the criminal defense process and relieve your stress.

Why a criminal defense attorney in a New Jersey marijuana case?

A criminal defense lawyer can hugely affect the outcome of a New Jersey marijuana arrest by preventing jail time, license suspension, and reducing fines. A New Jersey marijuana attorney can accomplish this through negotiation, marijuana defense tactics, and diversionary programs like conditional discharge which allow penalties to be suspended for a probationary period, at the end of which the charge can be cleared via expungement in New Jersey. Never plead guilty to a marijuana charge without speaking to an attorney about your marijuana offense. The legal advice is free and there is no obligation so contact the law offices of Palumbo & Renaud today for a Free Consultation at 1-866-664-8118.

Will I go to jail for possession of less than 50 grams of marijuana?

Under many circumstances, the answer to this question is no. While penalties for possession of less than 50 grams of marijuana include up to 6 months in prison, in the vast majority of cases that I handle, I am able to prevent my client from going to prison. However, in order to avoid prison, it is extremely important to consult an attorney.

Can my license be suspended for possession of marijuana?

Anytime a person is convicted of possession of less than 50 grams of marijuana, they face the possibility of a six month license suspension. Luckily, in almost all of the cases I handle involving possession of less than 50 grams of marijuana I am able to prevent this from happening to my clients.

Can I be arrested for being high when I don't have any marijuana on me?

The answer to this question is yes. In New Jersey, it is a disorderly persons offense to be under the influence of drugs. Possession of less than 50 grams of marijuana is also a disorderly persons offense. This means that even if you are simply high and do not have marijuana in your possession, you face the same penalties that you'd face if you did have marijuana. A disorderly persons offense carries penalties of up to 6 months in prison and $1,000 in fines.

What are the penalties for possession of drug paraphernalia?

Possession of drug paraphernalia is a disorderly persons offense that carries up to 6 months in prison and $1,000 in fines. It is often charged along with possession of marijuana for the simple reason that if you have marijuana, you need something to smoke it with. The definition of drug paraphernalia in New Jersey is very broad and includes any device that is used to smoke, utilize, or store marijuana. Common examples include, but are not limited to bowls, bongs, pipes, marijuana grinders, dugouts, rolling papers, and baggies.

What are the penalties for driving with marijuana?

It is also a disorderly persons offense to drive with marijuana. A disorderly persons offense carries up to 6 months in prison and $1,000 in fines. In addition, driving with marijuana carries a 2 year license suspension period. This is a complete and total ban from driving. There are no conditional licenses or work permits in New Jersey. In addition there are fines and motor vehicle surcharges that flow as a result.

What are the penalties for possession of marijuana in a school zone?

If an individual possesses less than 50 grams of marijuana on school property or within 1,000 feet of any property that is used for school purposes, that person will be required to perform at least 100 hours of community service in addition to the standard penalties for possession of marijuana.

I was charged with possession of marijuana when there was marijuana nearby, but not actually in my possession. Can I really be charged for this?

Unfortunately the answer to this question is yes. In New Jersey, a person is not required to have marijuana on their person in order to be charged with possession. There is such a thing known as constructive possession in which a person is deemed to have possession if he had knowledge of the presence of marijuana and the intent to exercise physical control over it. The criminal defense lawyer at the offices of Palumbo & Renaud is excellent at proving that constructive possession did not result because there was either no knowledge on behalf of the defendant or no intent to utilize the marijuana.