Growing Marijuana or Operating a Facility
Please note: New Jersey recently voted to legalize recreational marijuana, but the law itself is still being written. If you are facing any marijuana-related criminal charges, we encourage you to call our office at 908-643-6801 or contact us online to discuss how the new law may affect your case.
‘Maintaining or operating a marijuana production facility’ is a first-degree charge that results when a person is found intentionally growing more than 5 pounds of marijuana or more than ten marijuana plants on property that is within their control. Despite what you may have heard, all drug cases are different, and the slightest little fact can make a huge difference in how your case might be defended compared to another. Always discuss your marijuana case with an experienced New Jersey lawyer before making any decisions. If you enter a plea, you could end up serving penalties when charges otherwise would have been dismissed. Don’t let this happen to you.
I have handled thousands of marijuana cases in various municipal courts and I have a high winning success rate for my marijuana clients. If you have been charged with marijuana possession or distribution in New Jersey and you don’t know what to do, call me for a free legal defense consultation. I will explain what you are up against and tell you how I can help.
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Contact Anthony N. Palumbo today for answers to your questions
The law offices of Anthony N. Palumbo defends individuals charged with marijuana crimes throughout New Jersey in Essex County, Middlesex County and Union County including the towns of Elizabeth, Westfield, Cranford, Garwood, Mountainside, Linden, Rahway, Clark, Roselle, Roselle Park, Springfield, Rahway, Kenilworth, Union, and Scotch Plains.
What is the Crime of ‘Operating a Facility’?
The crime is very similar to manufacturing/distributing marijuana which can make it confusing, but it is actually a separate crime that is more serious than manufacturing. The following elements must be present in order for a person to be convicted of operating a marijuana facility.
- A premises was used to make marijuana; and
- The quantity was greater than 5 pounds or ten plants; and
- The accused operated the premises;
- With the intent to make marijuana.
What are the Penalties for ‘Operating a Facility’?
This is a first degree crime that carries extremely serious penalties of 10 to 20 years in prison. Additionally, since this is a first degree drug crime, there is a parole ineligibility period during the convicted individual is not eligible for parole until he has served one-third to one-half the sentence imposed. Thus, for example, if the defendant is convicted of 10 years in prison, he will not be eligible for parole until he has served at least 40 months because that is roughly one-third of his sentence.
Choosing the Right Attorney
Hiring an attorney is always a big decision especially when facing charges this serious, but the right attorney can make a huge difference in your case. If your attorney can knock out even one of the elements above, your charge could be immediately downgraded to a second degree distribution charge, and can be further reduced from that point forward. At The Law Offices of Anthony N. Palumbo, I have been obtaining triumphant results in drug cases for 39 years, and I will do the same for you. Contact me today for a free initial consultation at 908-643-6801 .
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The Law Offices of Anthony N. Palumbo law firm defends individuals accused of marijuana crimes throughout New Jersey including all the towns of Union County, Elizabeth, Westfield, Cranford, Garwood, Mountainside, Linden, Rahway, Clark, Roselle, Roselle Park, Springfield, Kenilworth, Union, and Scotch Plains and Middlesex County, Monmouth County, Essex County, Somerset County.