Maintaining a Marijuana Production Facility
Do not make the foolish mistake of thinking that a charge for growing marijuana is a minor violation. This offense is always a felony that carries the possibility of a state prison sentence and other significant penalties. It is a first degree crime that carries as much as twenty years in state prison to cultivate more than ten marijuana plants. With consequences as extreme as these hanging in play, you need the services of a skilled defense lawyer. The team of attorneys at The Law Offices of Jonathan F. Marshall have handled many CDS production facility cases in Monmouth County over the past several decades and are prepared to put their knowledge in action. Our former prosecutors defend individuals at the Freehold Superior Court on charges arising throughout the county including Marlboro, Howell, Englishtown, Wall and Holmdel. Give us a call anytime 24/7 at 732-462-1197 for immediate assistance. We hope you find the following to be informative and do not hesitate to contact one of our attorneys for a complimentary consultation.
N.J.S.A. 2C:35-4 – Marijuana Production Facility/Growing Plants
The law governing the offense of maintaining a Marijuana Production Facility is set forth at N.J.S.A. 2C:35-4. This statute provides, in pertinent part, as follows:
“any person who knowingly maintains or operates any premises, place or facility used for the manufacture of….marijuana in an amount greater than five pounds or ten plants….or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole.”
The Law Explained. There are four elements that must be established under N.J.S.A. 2C:35-4 for the state to establish guilt for maintaining a marijuana production facility. First, it must be proven that a “premises, place, or facility was used for the manufacture of marijuana”. It must also be proven that the amount of marijuana is in excess of five pounds or ten plants, and that the defendant maintained or operated the site. Finally, it must be proven that the defendant had the intent to use the premises to manufacture or produce marijuana.
Penalties. This offense is a first-degree crime, carrying with it a sentence of between 10 and 20 years in prison. There is a minimum parole ineligibility period of between one-third and one-half of the sentence imposed. The maximum fine is the greater of $750,000 or five (5) times the street value of the drugs involved.
Freehold NJ Criminal Attorneys For Those Charged With Growing Marijuana
Drug Court and other diversionary programs, including Pretrial Intervention, have strict eligibility requirements. For example, a first or second degree charge is ineligible for PTI and, even when the offense qualifies, the accused cannot be admitted if he or she has a prior indictable record. Similar limitations apply to admission into Drug Court. These restrictions are another reason why it is so imperative that you hire the services of qualified lawyer. The attorneys at The Law Offices of Jonathan F. Marshall stand ready defend you. We are ready to put our 100 plus years of experience, including years working as prosecutors, into action so that you avoid and/or minimize the penalties for growing marijuana plants in Tinton Falls, Millstone, Upper Freehold, Middletown or elsewhere. To this end, one of our lawyers is ready to assist you or to schedule an appointment in our Freehold Office or Red Bank Office.
