It stands to reason that there would be plenty of marijuana distribution in Ocean County given that billions of dollars of this drug comes into the United States every year. Arrests for selling, distributing or possession with intent to distribute marijuana are, in fact, a common occurrence throughout the county. Every offense of this nature ends up at the Ocean County Superior Court in Toms River since this is the court with jurisdiction to decide a fourth degree, third degree, second degree or first degree crime like distribution of marijuana. If you were arrested for distributing/selling marijuana, you should contact the ex-prosecutors and highly experienced criminal lawyers at Marshall Bonus Proetta & Oliver. Our attorneys have been defending marijuana trafficking cases for over 100 years between the eight of us and routinely defend clients at the county courthouse. An attorney with the skill to effectively defend you is ready to discuss the distribution offense that was filed in Stafford, Plumsted, Manchester, Jackson, Barnegat and Brick Township. A lawyer in our Toms River Office is available 24/7 for free consultation at (732) 286-6500.Possession with Intent to Distribute Marijuana Under N.J.S.A. 2C:35-5
If you are arrested and charged with manufacturing, distributing, or dispensing marijuana in New Jersey then you will be subject to significant penalties. In accordance with N.J.S.A. 2C:35-5, distribution of 25 pounds or more of marijuana, or growing at least 50 plants, is a first degree crime that carries a $300,000 potential fine and up to 20 years in prison. A conviction for possession with intent to distribute at least 5 pounds but less than 25 pounds is a second degree crime. A second degree conviction for selling marijuana results in a fine of up to $150,000 and a maximum state prison term of 10 years. Possession with intent to sell of an ounce to 5 pounds of marijuana, or between 1lb – 5 grams of hash is guilty of a crime of the third degree and is punishable by a fine of up to $25,000. Distribution of marijuana in a quantity of less than one ounce, or less than 5 grams of hashish is a fourth degree crime.Distribution of Marijuana in a School Zone Under N.J.S.A. 2C:35-7
N.J.S.A. 2C:35-7 creates additional risks for marijuana distribution within 1,000 feet of a school property. This area is defined as a school zone and when someone sells marijuana in this protected location they are subject to enhanced penalties in the form of a mandatory minimum period of incarceration. If the amount distributed in a school zone is one ounce or more of marijuana, then the accused is to be sentenced to the greater of three years or one-half. If the amount distribution concerns less than an ounce of marijuana then the minimum term is one year in prison/jail.Distribution of Marijuana in Public Housing Facility or Park Under N.J.S.A. 2C:35-7.1
Pursuant to N.J.S.A. 2C:35-7.1, it is a 2nd degree crime if you are arrested for possessing more than an ounce of marijuana with intent to distribute within 500 feet of a public housing project or public park. If the amount of marijuana is less than an ounce, violation of 2C:35-7.1 is a 3rd degree crime. Unlike selling drugs in a school zone, this offense does not result in a mandatory minimum sentence although a violation of this law is a separate charge which does not merge with a related 2C:35-5 conviction.Defenses to Marijuana Charges
The first step to fighting a marijuana charge is to dissect the facts surrounding the arrest to determine whether there is a viable defense to challenge the search and seizure of the marijuana. You may be able to defend the case based on the stop of your motor vehicle (e.g. car, truck, motorcycle, etc.) or the entry into your house or apartment (e.g. warrant was not secured or was obtained improperly). Even if there are no applicable defenses which lend themselves to the specific facts of your case, we may be able to resolve the offense through Pretrial Intervention. Drug Court may also be a viable option if you are exposed to a significant period of incarceration.
The defenses to an indictment or complaint for distribution of marijuana can become rather complex and technical. The criminal lawyers at Marshall Bonus Proetta & Oliver are, however, skilled in achieving the best results for our clients. If you were arrested in Berkeley, Lakehurst, Little Egg Harbor, Lacey or anywhere else in Ocean County for selling/possession with intent to distribute marijuana, an attorney at our firm has the knowledge and skill you require. To learn more about what we can do to help you, contact us at (732) 286-6500 to speak to lawyer now.Additional Marijuana Resources on This Site
Failure to Make Lawful Disposition