Edison NJ Marijuana Distribution Lawyer
Intent to Distribute Marijuana Attorneys in Middlesex County, New Jersey
New Jersey takes distribution of marijuana, as well as intent to distribute marijuana crimes, very seriously. The penalties for distribution of marijuana depend upon the quantity of marijuana involved. The amount of the drug on-hand at the time of arrest is the ultimate indicator of the degree of the crime. Sentences can include mandatory prison, court ordered drug counseling, probation, loss of license, and thousands of dollars in monetary penalties. William A. Proetta, Esq., is a Middlesex County criminal defense attorney who has been representing clients throughout New Jersey for years who have been charged with marijuana distribution, cocaine possession and prescription drug crimes. Drug crimes are often accompanied by complicated suppression issues such as probable cause for the stop, search and seizure of evidence, reliability of informants, and proper indexing and testing of substances found. As a result, skilled and experience legal representation is an absolute MUST. We represent clients who have been charged with marijuana distribution throughout Middlesex County, including in New Brunswick, Rutgers University, Edison, Highland Park, Plainsboro and South Amboy. Give us a call today at (732) 659-9600 for a free consultation with a Middlesex County marijuana distribution lawyer.
Marijuana Distribution and Intent to Distribute Law in New Jersey N.J.S.A. 2C:35-5
Possession of marijuana with intent to distribute is governed by N.J.S.A 2C:35-5, which is provided in pertinent part for your convenience:
§ 2C:35-5. Manufacturing, distributing or dispensing marijuana
a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
b. Any person who violates subsection a. with respect to:
(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;
(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;
(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.
What Are the Penalties for Marijuana Distribution in New Jersey?
The following are the degrees of marijuana distribution charges and the associated penalties under New Jersey Law:
|4th Degree Marijuana Distribution||Less than an ounce of marijuana||Up to 18 months in state prison|
|3rd Degree Marijuana Distribution||More than an ounce but less than 5 pounds of marijuana||Between 3 – 5 years in state prison|
|2nd Degree Marijuana Distribution||More than 5 lbs but less than 25 lbs of marijuana; 11 – 49 marijuana plants||5 – 10 years state prison with presumption of incarceration|
|1st Degree Marijuana Distribution||25 lbs or more; 50 or more marijuana plants||10 – 20 years state prison with presumption of incarceration|
When are Police Allowed to Search for Marijuana in NJ?
The U.S. Constitution protects individuals from unreasonable searches and seizures by the government. Under the Fourth Amendment, if you have a reasonable expectation of privacy in an area or situation, the police cannot conduct a search without a warrant, unless an exception to the warrant requirement applies.
This constitutional protection applies to searches for marijuana on your person, in your car, at your home, and even in a hotel room. If the police conduct of search and find marijuana, but the way in which they conducted their search violates your Fourth Amendment rights, then the marijuana they found in your possession will not be admissible as evidence in court because it was tainted by the improper search.
Under New Jersey law, a police officer cannot stop you when you are walking down the street and search you for marijuana simply because they suspect you may be in possession of it. In order to stop you, a police officer must have reasonable suspicion or probable cause to believe that a crime is being committed or has been committed. To pat you down or frisk you, the police must have a specific and credible reason to believe that you are armed. Similarly, police cannot invade your home and conduct a search without an executed search warrant from a judge who certifies that there is probable cause to do so.
Contact a Piscataway NJ Intent to Distribute Marijuana Attorney for a Free Consultation
Hiring an experienced criminal lawyer in the early stages of your case plays a crucial role in your chances of having your charge downgraded, avoiding a criminal record by securing your admittance into Pre-Trial Intervention, or admittance into Drug Court to avoid a state prison sentence. An example of such negotiations is obtaining a waiver from the prosecutor to separate the aggregate weight accumulated over several purchases in order to get the charge downgraded. Our office represents clients for distribution of marijuana in Cranbury, Piscataway, South Plainfield, Colonia, Helmetta, Sayreville, East Brunswick, and across Middlesex County. If you would like to discuss the facts of your case and build a case strategy designed to meet your needs, then contact our office at (732) 659-9600 to speak with a marijuana distribution attorney absolutely free.