Distribution of Marijuana
In New Jersey, a person will be charged with distribution of marijuana if they knowingly transport, import, sell, furnish, or give away any amount of marijuana. A person can also be arrested for intent to distribute marijuana for possessing marijuana under circumstances that show an the intent to sell to others. This means that a person can still be criminally prosecuted for the crime, even if he or she never actually carried out the offense of selling the marijuana to another. The penalties for distribution of marijuana depend on the quantity of marijuana involved. Penalties can range from mandatory prison, thousands in fines, drug counseling and testing, probation, community service, and more. In addition, a person may face enhanced penalties for distributing marijuana in a school zone or near a park or public housing. If you have been arrested for distribution of marijuana it is essential that you hire an experience criminal defense lawyer. At the Law Offices of Jonathan F. Marshall our former prosecutors and veteran criminal attorneys have well over 100 years of combined experience which we can put to work in your case. Give us a call today at (609) 683-8102 for a free consultation with one of our lawyers at our Princeton office.2C:35-5 NJ Distribution Marijuana & Growing Laws
- 4th Degree – Less than an ounce of marijuana, or less than five grams of hashish, is a crime of the fourth degree if you are found to be in possession with the intent to distribute. A fourth degree felony is punishable by up to 18 months in state prison and a permanent felony record.
- 3rd Degree – More than an ounce but less than 5 poundsof marijuana , or more than 5 grams but less than 1 pound of hashish, is guilty of a crime of the third degree. A third degree indictable offense is punishable by up to 3 – 5 years in prison, a fine of up to $25,000, probation, and felony record.
- 2nd Degree – five pounds or more but less than 25 poundsof marijuana , or more than 10 but fewer than 50 marijuana plants, regardless of weight, or more than 1 pound but less than 5 pounds of hashish, is guilty of a crime of the second degree. A conviction for a second degree indictable offense carries a presumption of mandatory incarceration and is punishable by 5 – 10 years in state prison.
- 1st Degree – 25 pounds or moreof marijuana, or 50 or more marijuana plants, regardless of weight, or 5 pounds or more of hashish is guilty of a crime of the first degree. A conviction for a first degree carries a presumption of incarceration and a recommended sentence for 10 – 20 years in prison and fines up to $300,000.
If you have been charged with distribution of marijuana in Mercer County, Hunterdon County, or Burlington County, it’s in your best interest to speak with a knowledgeable defense lawyer. In order to be convicted of distributing marijuana the prosecution must prove the alleged charges beyond a reasonable doubt. Moreover, the state must establish several elements which include the actual weight of the marijuana for the degree of offense charged. In determining the total weight of marijuana seized, the state may take the aggregate weight by adding up all the marijuana sales of over a certain time period. Must times we will see this when a defendant makes multiple sales to an undercover officer or confidential informant. In almost every distribution case the local police, along with other agencies like New Jersey Marijuana Eradication Squad, conduct an investigation. Our criminal defense attorneys will critically analyze whether the law enforcement had adequate probable cause and if they acted in an appropriate manner to determine whether your constitutional rights for privacy and search and seizure were violated. If we discover that the evidence was obtained unlawfully, we will make a motion to the court to have the evidence suppressed and the case dismissed or thrown out completely.Ewing NJ Marijuana Distribution Attorney
Under New Jersey law, a person can be convicted for marijuana cultivation if they are found planting, cultivating, harvesting, drying, or processing any part of the marijuana plant. The county prosecutors take these cases very seriously so you can expect a lengthy investigation, rigorous questioning, aggressive prosecution, and severe penalties if convicted with can include mandatory prison. As a general rule if you are charged with growing marijuana or having a production facility you will automatically not be eligible for Pre-Trial Intervention. Therefore, if you have been arrested for marijuana cultivation charges in Mercer County it is important to obtain experienced criminal defense representation as soon as possible. The Law Offices of Jonathan F. Marshall represents clients for distribution and growing marijuana throughout western New Jersey including Hamilton, Hopewell, Lawrenceville, East Windsor, Princeton, Raritan, West Windsor, Ewing, Clinton, Robbinsville, and Hightstown. Our team of defense attorneys will vigorously fight to protect your rights and freedom by working with the prosecutor’s office and mounting defenses against your marijuana production facility charges. To discuss the facts of your specific case in more detail contact our Princeton office at (609) 683-8102 to speak with one of our attorneys absolutely free.