Little Falls NJ Marijuana Possession Defense Lawyers
Possession of less than 50 grams of marijuana is a disorderly persons offense in New Jersey. While this type of offense is a misdemeanor, it still carries significant potential penalties including a mandatory drivers license suspension, fines and results in a 2C record that will show up on a background check. This is a very popular charge in Clifton, Little Falls, West Milford, Totowa, Woodland Park, Ringwood, Paterson, Wayne and almost every other town in Passaic County. If you or your child was arrested for possessing less than 50 grams of marijuana, possessing drug paraphernalia, disorderly conduct, underage possession of alcohol or cocaine possession, give us a call any time of day for assistance at 862-203-4070.
Marijuana Possession Lawyer in Woodland Park
Elements of Less Than 50 Grams Offense
N.J.S.A. 2C:35-10(a)(1) makes it illegal to possess marijuana in any quantity in New Jersey. An individual is guilty of this charge if, and only if, the prosecutor proves that the accused knowingly or purposely, obtained or possessed, a controlled dangerous substance in the form of marijuana. A violation under 2C:35-10(a)(1) can be established through both actual or constructive possession. In other words, physical or manual control over marijuana is not required to convict someone of possession of less than 50 grams of marijuana. Instead, all that is necessary is an intention to exercise control over an item, which can be proven through circumstances that reasonably infer a capacity to do so exists.
Penalties: Fines, Jail & License Suspension for Possession
As mentioned above, a charge for possession of marijuana under 50 grams is a disorderly persons offense. Disorderly person offenses are misdemeanors under New Jersey Law and carry less severe penalties than distribution of marijuana. However, while less severe, a disorderly persons offense can result in up to six (6) months in prison as well as a $1,000.00 fine. In addition, a person who possesses marijuana within 1,000 feet of “school property”, is required to perform at least 100 hours of community service. The term “school property” is defined as property used for school purposes which is owned by or leased to any elementary or secondary school or school board.
Conditional Discharge Program
Because this is an disorderly persons offense, a defendant may be eligible for the Conditional Discharge Program. If you are granted a conditional discharge and successfully complete the program, you will avoid a criminal conviction on your record.
Totowa NJ Marijuana Possession Lawyers
If you are facing a marijuana possession of less than 50 grams in Clifton, Wayne, West Milford, Totowa, Little Falls, Woodland Park or another town in Passaic County, our attorneys are ready to defend you at 862-203-4070.