Disorderly Persons Offense for Marijuana Possession
Possession of fifty (50) grams or less of marijuana is a disorderly persons offense under NJ Law. If you have been charged with this violation your case will be heard in municipal court as this is the venue with primary jurisdiction over this grade of offense. The largest number of 50 grams or less cases are heard in major Monmouth County municipal courts like those in Tinton Falls, Wall, Middletown, Ocean, Freehold, and Holmdel. We are former prosecutors in this area and comprise the largest criminal defense firm in the county. At The Law Offices of Jonathan F. Marshall, we have handled thousands of cases involving possession of 50 grams or less of marijuana. We routinely appear in the courts mentioned, as well as others in Monmouth County, on a daily basis. You are encouraged to call our Red Bank Office at 732-450-8300 or Freehold Office at 732-462-1197 for an immediate free consultation.
Experienced Marijuana Defense Lawyers Serving All Of Monmouth County
Our team defends individuals charged with possessing marijuana throughout this region. We can provide a comprehensive defense if you are facing this offense anywhere including:
- Holmdel Marijuana Possession Attorney
- Manasquan Marijuana Lawyer
- Possession of 50 grams or less of Marijuana Attorneys in Belmar
- Asbury Park Marijuana Possession Lawyers
- Long Branch Possession of 50 Grams or Less Marijuana Defense Attorney
- Red Bank Possession of Marijuana Attorneys
- Sandy Hook NJ Marijuana Possession Defense Lawyer
- Howell Marijuana Possession Lawyers
- Sea Bright NJ Marijuana Possession Defense Attorney
You are encouraged to contact one of our offices for assistance after reviewing the information about this offense.
Possession of 50 Grams or Less of Marijuana Under 2C:35-10
Pursuant to N.J.S.A. 2C:35-10(a)(1), “it is unlawful for any person, knowingly or purposefully, to obtain, or to possess, actually or constructively, a controlled substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized.” In order for a local prosecutor to convict someone of possessing 50 grams or less, he/she must establish that you:
- Knowingly or purposely, obtained or possessed, either actually or constructively;
- A substance that was marijuana; and
- The weight of the marijuana was 50 grams or less.
It is important to remember that possession can come in two forms, actual or constructive. Physical control over the marijuana is not required (i.e. actual possession) in order to convict someone under 2C:35-10. If you are aware of the existence of the cannabis and have the ability and intention to exercise control over it in the future, that will suffice (i.e constructive possession).
Penalties for 50 Grams or Less of Marijuana
As mentioned above, a charge for possession of marijuana under 50 grams is a disorderly persons offense. Disorderly person offenses are misdemeanors and carry less severe punishment than indictable charges upon conviction. However, while less severe, a disorderly persons offense can result in up to six (6) months in the county jail as well as a $1,000.00 fine. In addition, all drug possession charges including those involving 50 grams or less carry a mandatory driver’s license suspension of between 6 and 24 months. There is no provision for work or school licenses under NJ Law.
Possessing 50 Grams or Less in a School Zone
In addition to the above mentioned penalties, you must perform at least 100 hours of community service if the offense was committed in a school zone.
Because this charge is an disorderly persons offense, the violation may be resolved via Conditional Discharge. However, the accused must be a first time offender with no previous criminal convictions or diversions (e.g. Pretrial Intervention, Conditional Dismissal or Conditional Discharge). If the defendant is afforded the opportunity to participate in the Conditional Discharge Program they have the opportunity to avoid a record by completing a period of probation. This program does not apply to possession of CDS in a motor vehicle.
Tinton Falls NJ Possession of 50 Grams or Less Lawyers
If you were arrested for possession of marijuana in a quantity of 50 grams or less, it is definitely in your best interests to seek assistance from an experienced attorney. You will have a criminal record, face a license suspension, and be subject to significant fines absent your resolving this charge favorably. There is even the possibility of jail time under 2C:35-10. Our lawyers are capable in most cases, however, of avoiding penalties like this. If you have been charged or arrested with 50 grams or less in Aberdeen, Hazlet, Deal, Marlboro, Red Bank or West Long Branch, we are here to help you move ahead with your life with minimum impact from this offense. Call us 24/7 at 732-450-8300 or 732-462-1197 for immediate consultation with one of our Tinton Falls NJ Possession of 50 Grams or Less Lawyers.