Marijuana laws are constantly changing as more and more states move toward legalization and regulation. If you used to buy marijuana ten years ago, it was probably from a friend who ran a successful business selling it. Back when it was illegal, you would meet this friend at a mutually agreed upon location, he would hand you a certain quantity of your choosing, and you would hand him a certain amount of money of his choosing. This was all done very carefully not be seen, heard, or caught by any means.
Marijuana distribution and marijuana possession was no walk in the park if you got caught doing either. Today, illegal marijuana distribution is still punished harshly. As for marijuana possession, there were serious consequences not even five years ago. Now, all you have to do is hop in the car and go to the store. The dispensaries have various strains to choose from, as well as various methods of ingesting the marijuana. Your use can be strictly recreational, up to certain extent. Having more than six ounces in your possession is still illegal in New Jersey, and you must be at least 21.
If you or a family member were issued a summons complaint for possession of more than 6 ounces of marijuana in Chesterfield, Florence, Burlington, Bordentown, Pemberton, Mount Laurel, Medford, Maple Shade, Riverside or Willingboro, it is crucial that you learn exactly what penalties you are facing and what outcomes are possible. As you can read further below, possession of marijuana over the legal limit will be treated as a fourth degree indictable offense. Depending on the circumstances and the quantity of drugs involved, you may also be charged with possession with intent to distribute marijuana. For more information, please contact our office today at (609) 850-8284.
What are the Penalties for Possession of More Than 6 Ounces of Marijuana?
If you are arrested in possession of more than 6 ounces of marijuana, then you will be criminal charged with an indictable crime. This is a fourth degree felony that carries up to eighteen (18) months in a New Jersey State Prison, a $25,000 fine, court fees and assessments, a felony criminal record and a six (6) month suspension of your driver’s license. Also, depending on the amount of marijuana and whether or not you also possessed paraphernalia like a scale or baggies, you could be charged with possession with intent to distribute marijuana, which is a more serious offense.
Can the NJ Cops Search My Car if They Smell Marijuana?
Yes. Due to new case law, the New Jersey Supreme Court ruled that if an officer smelled the odor of burnt marijuana, they are permitted to conduct a search of the motor vehicle without your consent. Even when they do not smell marijuana, police officers may threaten to “tow your car” unless you give them consent to search. With these unfortunate rulings and dirty police tactics, it is difficult for most defendants to fight these cases. Nevertheless, there may be grounds to suppress an illegal search or get your charges dismissed / downgraded. Some things to consider in any marijuana case are: Did the officers have probable cause to search my car? Did the officers obtain my free and voluntary consent? Was the initial motor vehicle stop legal? Where was the marijuana found? Was there an issue in the chain of custody before the marijuana was tested? Are the laboratory result admissible? These are just a few of the things that an experienced criminal defense attorney will look at in any marijuana possession or drug possession case.
Will I Go to Jail for Possession of Marijuana?
If you were only charged with marijuana possession and you do not have a prior criminal record, the prospect of incarceration is unlikely. However, if you were charged with distribution of marijuana, then you could be facing a term of imprisonment or probation conditioned upon jail. Either way, a conviction for marijuana possession will still carry a criminal record and suspension of your driver’s license. For more information on the penalties for a criminal charge involving marijuana, call (609) 850-8284.
Mount Holly NJ Marijuana Attorneys
If you or someone in your immediate family have been arrested or charged with drug possession involving possession of over 6 ounces of marijuana, you need to take this offense seriously. If you were charged in Burlington County, contact our officer for an immediate and complimentary consultation. We have dedicated our careers to the practice of criminal defense. Firm Partner, William C. Fay, IV, is a former New Jersey Deputy Attorney General who has a plethora of experience and knowledge that he puts to use for his clients. Allow Mr. Fay to review your case with you and help explain how your case will progress through the justice system. For an immediate and complimentary consultation, please contact our Burlington County Law Firm at (609) 850-8284.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only