The distribution of marijuana, weed, pot, hash, regardless of how you refer to it, is an indictable (felony) offense in Morris County. Under N.J.S.A. 2C:35-5, it is unlawful for a person to knowingly or purposely manufacture, distribute or dispense, or possess or have under his or her control with the intent to distribute or dispense a controlled dangerous substance or controlled dangerous substance analog. Marijuana is a Schedule I drug under the Controlled Substances Act and is handled in a particular manner in New Jersey. The relevant penalties will depend on the volume/weight of marijuana involved. However, the charges could range anywhere between a crime in the first, second, third or fourth degree. Moreover, counterfeit marijuana is also an indictable offense under N.J.S.A. 2C:35-5(a)(2). The attorneys at the Law Offices of Jonathan F. Marshall have a proven track record in defending clients charged all types of drug crimes, whether it be the distribution of heroin, possession of cocaine with the intent to distribute, possession of prescription drugs, possession of marijuana or possession of heroin. With former Municipal and County Prosecutors on our Morris County, New Jersey criminal trial team, we have the tools necessary to protect your interests. Our office has been representing Defendant’s charged with various drug offenses, in towns like Rockaway, Parsippany, Roxbury, Madison, Denville, Dover and Mendham for over a decade. Please feel free to contact our Morris County Office at 973-309-7050 today and receive your free consultation.
Mount Olive NJ Marijuana Distribution Attorneys: N.J.S.A. 2C:35-5
What is Marijuana Distribution in Morris County, NJ?
For the State to prove that the defendant “manufactured, distributed or dispensed” marijuana, they must prove beyond a reasonable doubt the following elements:
- The Defendant possessed a controlled dangerous substance (i.e. marijuana/hashish) or its analog; and
- The Defendant either manufactured, dispensed or distributed the marijuana; and
- The Defendant’s aforesaid actions were knowingly or purposely committed.
N.J.S.A. 2C:35-5 also provides statutory guidelines for “possession with intent to distribute” for individuals not caught in the actual act of distributing marijuana. Under this subsection, the State must prove that the defendant
- Possessed marijuana or at least had it in his/her control; and
- The defendant knew what he possessed was marijuana; and
- The defendant possessed the marijuana with an intent to distribute it.
With regard to possession under both sections, either actual or constructive possession is sufficient. Actual possession typically involves having physical custody, control or contact of an object. Constructive possession typically involves situations where there is no physical custody of the marijuana, but instead the defendant has knowledge of the marijuana and the ability to control it.
Will I go to Jail if Convicted of Distributing Marijuana in NJ?
What is the Grade of a Marijuana Distribution Offenses in NJ? Is it a Felony?
- First Degree Crime:
- Defendant possessed 25 pounds or more
- Second Degree Crime
- Defendant possessed at least 5 pounds but less than 25 pounds
- Third Degree Crime
- Defendant possessed at least 1 ounce but less than 5 pounds
- Fourth Degree Crime
- Defendant possessed less than 1 ounce
What are the Penalties for Marijuana Distribution in Morris County?
- If convicted of a first degree crime, the defendant faces up to twenty (20) years in a New Jersey State Prison, and a fine up to $300,000.00.
- If convicted of a second degree crime, the defendant may face up to ten (10) years in a New Jersey State Prison, and a fine up to $150,000.00.
- If convicted of a third degree crime, the defendant may face up to five (5) years in a New Jersey State Prison and a fine up to $25,000.00.
- If convicted of a disorderly persons offense, the defendant may face up to eighteen (18) months in a New Jersey State Prison and a fine up to $1,000.00.
- It is important to remember that depending on the underlying circumstances and the defendant’s prior record, the defendant may be eligible for a diversionary program like Pre-Trial Intervention. If the defendant is eligible and is admitted into the Pre-Trial Intervention Program, it may present the defendant with the opportunity to walk away from the incident conviction-free. For more information, please contact checkout our Pretrial Intervention page by clicking the link.
Morris County NJ Marijuana Distribution Lawyer
As you can tell from above, the offense of distributing marijuana in New Jersey is serious. Depending on the degree, if convicted, the penalties one faces could be life altering. If you or someone you love has been charged with possessing marijuana with the intent to distribute, distribution of heroin, possession of cocaine with the intent to distribute or possession of Xanax, it is imperative that you hire an experienced Morris County, New Jersey criminal defense firm. If you would like to set up a free initial consultation with any one of our eight Morris County, NJ marijuana distribution defense lawyers, please contact our Morristown office directly at 973-309-7050.