Public Park & Housing Charges
Please note: In the 2020 election, New Jersey residents voted in favor of legalizing recreational marijuana. The law is still developing, so if you are facing any kind of marijuana charges please call our office at 908-643-6801 or reach out online to discuss how this may affect your case.
When charged with distribution of marijuana, there are certain factors that can lead to an increased charge. Every case is unique and comes with its own set of charges that arise from the specific factual scenario. For example, a person may be charged with simple possession of marijuana, or both simple possession and possession with intent to distribute for the same act. An additional charge that often results when a person is charged with drug distribution is called ‘distribution within 500 feet of a public housing facility, park and building’. I have a lot of experience defending clients against this charge, and if you have been charged with distribution of marijuana and would like to speak with a skilled attorney about your options, please contact me for a free initial consultation at 908-643-6801 , and I will answer your questions.
Having an experienced criminal defense attorney by your side has great advantages in court.
The law offices of Anthony N. Palumbo defends individuals charged with marijuana crimes throughout New Jersey in Middlesex County, Essex County and Union County including the towns of Elizabeth, Westfield, Cranford, Garwood, Mountainside, Linden, Rahway, Clark, Roselle, Roselle Park, Springfield, Kenilworth, Union, and Scotch Plains.
Public Park & Housing Law
Under N.J.S.A. 2C: 35-7.1, when a person is caught distributing less than 1 ounce of marijuana within 500 feet of a public park, public facility, or public housing, the distribution charge is upgraded to a third degree crime which carries 3 to 5 years in prison. For more than 1 ounce of marijuana or any other drug, the charge is upgraded to a second degree crime which carries 5 to 10 years in prison.
Defending the Charge
Unfortunately, it is not a defense that the defendant was unaware of his location. However, there are viable defenses against this charge. One of the defenses against this charge is that the defendant did not have the intent to distribute a controlled dangerous substance for profit, and that the situation did not involve distribution to someone under 17-years-old. This is one of several complicated defenses that can be exercised on your behalf. Dismissal of this charge alone can make a huge difference in the penalties you face so it is important to choose an attorney who is familiar with these defenses.
I have 39 years of experience assisting individuals who have been charged with distribution of marijuana within 500 feet of a public facility. I know how the prosecution works, and I have the knowledge of which defenses are most effective in fighting your marijuana charge. Contact me today for a free initial consultation at 908-643-6801 . You may have your consultation by phone or in person at your convenience. I am always happy to answer any questions that you have.
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I defend individuals throughout New Jersey in Middlesex County, Essex County, Somerset County, and Union County including the towns of Linden, Clark, Cranford, Elizabeth, Rahway, Westfield, Garwood, Mountainside, Plainfield, Roselle, Roselle Park, Rahway, and Hillside.
