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The Law Offices of Jonathan F. Marshall

Morris County

NJ Criminal Defense Lawyers

973-309-7050

Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

Free Consultation

Possession of Marijuana Under 50 Grams Lawyers in Madison

Possession of marijuana under 50 grams is one of the most common charges issued in New Jersey, especially Morris County. The governing statute in New Jersey for possession of marijuana under 50g is N.J.S.A. 2C:35-10a(4). As you will see below, unlike most States, possessing marijuana under 50 grams is a disorderly persons offense (misdemeanor). If you or someone you know has been charged with possessing under 50 grams of marijuana, in towns like Madison, Parsippany, Dover, Denville, Pequannock, Montville, Mendham, Mount Olive or elsewhere in Morris County, it is imperative that you speak to an experienced Morris County drug possession defense attorney immediately about your options. If not handled properly, a conviction for this offense could lead to jail time, high fines and even a two year loss of your driving privileges. The team of marijuana possession defense attorneys on staff at the Law Office of Jonathan F. Marshall fully understand what a conviction for this offense can do to your life. If you have been charged with possessing heroin, distributing cocaine, possessing Molly, distribution Oxycontin, possessing marijuana, distribution of prescription drugs or possessing marijuana with the intent to distribute, we are just a phone call away. If you would like to go over your options with any one of the eight Morris County drug possession defense attorneys on staff, please contact our Morristown Office at 973.309.7050.

N.J.S.A. 2C:35-10a(4): Possession of Marijuana under 50g Lawyers in Dover

As stated above, the governing statute in New Jersey for possessing marijuana under 50 grams is N.J.S.A. 2C;35-10(a)4, which states in pertinent part:

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized. Any person who violates this section with respect to:

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
As stated within the statute above, a Defendant can be convicted of violating this section if the State can prove that they either actually or constructively possessed the marijuana in question. What that means is a Defendant can be convicted of violating this statute even if they did not actually possess the marijuana under the constrictive possession theory. This type of situation tends occur when the police raid a house and find drugs all over the house or when they pull over a vehicle occupied by two or more people and they locate drugs on the floor of the car.

What are the Penalties for Possessing for Marijuana in NJ?

As mentioned above, possessing marijuana is a disorderly persons offense in New Jersey. A disorderly persons offense is also known as a misdemeanor. If convicted of this offense, a Defendant could be sentenced up to six (6) months in the Morris County Jail, fined up to $1,000, issued approximately $800 worth of fees and up too a two year loss of license. With that being said, depending on the client’s prior record, an experienced defense attorney may be able to convince the Prosecution and the Judge that their client deserves an opportunity to participate in the Conditional Discharge Program. If they are successful, their client will be able to participate in a probationary program and if they complete it without violating any of the terms, the charges will be dismissed out right. For more information on the conditional discharge program, please checkout our Conditional Discharge practice series.

Mount Olive NJ Marijuana Possession Defense Attorneys

If you or a loved one has been charged with possessing marijuana under 50 grams in towns like Boonton, Washington, Jefferson, Lincoln Park, Butler, Morris, Mendham, Morristown or elsewhere in Morris County, we can help. Our team of Morris County, New Jersey marijuana possession defense lawyers have over 100 years of combined experience on staff, including years of prior prosecuting experience. If you would like to discuss your options with any one of the eight drug possession defense lawyers on staff, please contact our Morristown Office directly at 973.309.7050.