Possession or Distribution of Synthetic Marijuana
The distribution and/or possession of synthetic marijuana was criminalized on August 22, 2011 and the penalties associated with the offense are severe. Lawmakers are tired of the many stories of this drug sending teens and young adults to emergency rooms and have made it a felony to engage in any variety of this offense. What this means is that you face a state prison term and other life changing consequences if you are convicted of any charge involving synthetic marijuana (a.k.a. synthetic cannabis, synthetic cannabinoid). If you were arrested or otherwise charged with possessing K2, spice, or some other substance that mimics the effects of marijuana, our lawyers are ready to help you. Our attorneys represent individual on these charges throughout Monmouth County, including Middletown, Aberdeen, Howell, Sea Bright, and Manasquan. We possess over 100 years of combined experience, are the largest defense team in the county, and have multiple former prosecutors on staff. Give us a call anytime 24/7 to discuss your N.J.S.A. 2C:35-10.3 offense.
The statute for possession, N.J.S.A. 2C:35-10.3a, and distribution, 2C:35-5.3a, of synthetic marijuana can result in more serious penalties than those associated with authentic marijuana. The bill that initiated these serious penalties was called SCS-28289, and was less formally known as “Pamela’s Law” in memory of Pamela Schmidt, a young woman allegedly murdered by a person under the influence of synthetic drugs. These synthetic drugs are often referred to as “spice”, “k2”, and “incense” and were sold in gas stations and markets throughout the state until being recently criminalized. Synthetic marijuana is available over the internet as well, dramatically increasing its accessibility despite being criminalized.
Grading & Penalties: Synthetic Marijuana Charges
A person who violates the synthetic marijuana statute, N.J.S.A. 2C:35-10.3a, by possessing one ounce or more is guilty of a third degree crime, punishable by a term of imprisonment between 3 and 5 years. Possessing less than one ounce of synthetic marijuana is a crime of the fourth degree, exposing an offender to up to 18 months in prison. A person found guilty of distributing synthetic marijuana under the statute N.J.S.A. 2C:35-5.3a, is guilty of either a second or third degree crime depending upon the amount of the substance involved. For cases involving one ounce or more of synthetic marijuana, a second-degree criminal charge is attached, carrying a 5 to 10 year jail term with a presumption of incarceration (meaning even a defendant with a clean record is exposed to prison). When less than one ounce of synthetic marijuana is involved, the defendant is charged with a third-degree crime, carrying a possible 3-5 years in jail. Since both possession and distribution of this form of controlled dangerous substance are indictable crimes under NJ Law, the only place that the related charges can be heard is the Monmouth County Superior Court in Freehold. The lawyers at our firm have handled thousands of cases in this court and well schooled in what is necessary to secure a favorable outcome.
Synthetic Marijuana Defense Lawyers
The ill effects of synthetic marijuana have received considerable attention recently. Although the drug produces a potent high, seizures, convulsions, extreme agitation and even coma have also been produced. Police want the drug off the streets along with any derivative designs that may sprout up. They believe that education plus aggressive prosecution of users and distributors is the best combination for curing the problem. The drug is treated much differently than marijuana under the law (i.e. only comes in the form of a felony offense) and this should be evidence enough to you that you need to to hire an experienced attorney. The team of synthetic marijuana defense lawyers at our firm include former prosecutors who have defended countless clients at the county courthouse in Freehold. If you are facing a spice charge out of Manalapan, Ocean Township, Colts Neck, Hazlet, Wall or another town in Monmouth County, do not hesitate to contact us for assistance. An attorney is available for free consultation 24/7 at 732-450-8300 or 732-462-1197.