The Law Offices of Anthony N. Palumbo
Phone: 908-316-8671
Proudly Serving Union, Middlesex, and Monmouth County
Review Us

Marijuana possession is still a crime

Medicinal marijuana is legal is New Jersey and several states have legalized recreational use of the drug as well. It seems as though attitudes are changing about marijuana – even former Speaker of the House John Boehner, a marijuana opponent throughout his elected career, has changed his mind.

Attitudes are changing, but the law has not. When it comes to criminal matters, the law is what matters.

A hard look at the law

In New Jersey, medicinal marijuana is legal but limited. Doctors must recommend a patient for the program, and then they are allowed up to two ounces of dried cannabis per month, or topical products and edible oils in some cases. Many patients in the program suffer from chronic pain, HIV/AIDS, inflammatory bowel disease, seizures or multiple sclerosis.

While certain patients in a select medicinal program are allowed marijuana, it’s still a criminal offense for anyone else, regardless of what is legal in other states. Charges vary depending on the amount in possession, your age and intent. Possession may be a misdemeanor or a felony. Intent is the most challenging part of the law, as arresting officers can determine, based on the amount in possession, if there was intent to sell or distribute to others. Possession of significant paraphernalia, such as rolling papers or a scale, may be enough to inspire intent to distribute charges.

Implications beyond the present day

It goes without saying that a conviction will limit future opportunity. A criminal record is a red flag for prospective employers, landlords, banks, schools and other institutions vital to your future success. A minor drug offense may disqualify you for student loans and it may turn away people who would have otherwise given you a chance.

While an arrest and seizure of drugs or paraphernalia is daunting, it is not a guarantee that you will be found guilty of a crime. The law is strict, but sentencing depends on your criminal background history, the circumstances of the arrest, and how the police conducted a search and seizure. Marijuana is a federally controlled substance, but individuals still the right against self-incrimination and to seek legal counsel before a hearing. By protecting your rights now, you are also protecting your future.

No Comments

Leave a comment
Comment Information

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cranford Office
190 North Avenue East Suite 1
Cranford, NJ 07016

Toll Free: 866-664-8118
Phone: 908-316-8671
Fax: 908-272-7322
Cranford Law Office Map

Elizabeth Office
740 Newark Avenue
Elizabeth, NJ 07208

Toll Free: 866-664-8118
Phone: 908-316-8671
Elizabeth Law Office Map

Brielle Office
503 Union Avenue
Brielle, NJ 08730

Toll Free: 866-664-8118
Phone: 908-316-8671
Brielle Law Office Map

Phone: 908-316-8671 Fax: 908-272-7322
Marijuana possession is still a crime | The Law Offices of Anthony N. Palumbo