Possession of 50 Grams or Less of Marijuana

The severity of a marijuana charge primarily hinges on the weight of the drugs possessed. The higher the weight involved — the higher the penalties that are triggered if found guilty of possession. A major transition point in terms of marijuana possession is a weight of 50 grams. This is the threshold that differentiates a felony offense from a disorderly persons offense (a.k.a. “misdemeanor”). Our lawyers have been defending marijuana possession charges for decades including thousands of 50 grams or less offenses in municipal court. In fact, a lawyer on our staff, Matthew Dorry, is the former prosecutor of approximately 15 municipalities in Ocean County including Toms River, Brick Township, Lacey, Point Pleasant Beach, Stafford, Beachwood, Berkeley, Jackson, Manchester and Little Egg Harbor. Matt and the other attorneys on our defense staff have the knowledge and experience to effectively defend your 50 grams or less offense in Jackson NJ or another municipal court. An attorney is available now in our Toms River Office by calling (732) 286-6500. There is no charge for the initial consultation.

N.J.S.A. 2C:35-10(a)(4) makes possession of 50 grams or less of marijuana a disorderly persons offense. A violation of this nature falls within the jurisdiction of the municipal court where the arrest took place. In order to convict you of this charge, the prosecutor must establish that you either knowingly or purposely possessed 50 grams or less of marijuana. To establish that you had knowledge, the state must prove that you were aware of the existence of the marijuana and that it was a controlled dangerous substance ("cds"). You purposely possess marijuana when you have the conscious object to obtain or possess the drug.

Possession can come in one of two forms under N.J.S.A. 2C:35-10. The first way you can violate this law is by having direct physical possession of marijuana. This happens when the drug is in your pocket, purse or is otherwise under your direct control. You can also constructively possess marijuana and be convicted under 2C:35-10(a)(4). This variety of possess is triggered when you are aware of the exist of the marijuana and have the ability and intention to control it in the future. This is referred to as constructive possession. The classic scenario where this arises is when cds is hidden in a location which is outside the direct possession of the accused but he/she has every intention of partaking in it at some point in the future.

A disorderly persons offense for possession of 50 grams or less of marijuana is punishable by a fine of up to $1,000 and a jail sentence that can reach six months. New Jersey Law also mandates that the sentencing judge suspend the driver’s license of the defendant for at least six months. The suspension period is increased to two years where the accused is also convicted of possession of CDS in a motor vehicle.

If you or your loved one has been charged with possession of 50 grams or less of marijuana, you should not face this charge without an experienced lawyer. A conviction will result in not only significant fines and the potential for imprisonment, but also carries the long-term consequences of a criminal record. The attorneys at our Ocean County criminal defense firm, Law Offices of Jonathan F. Marshall, have the know how to insure that you have every chance of escaping these negative consequences. In fact, our lawyers have a track record of averting a conviction in a high percentage of case whether its through conditional discharge or an outright dismissal. Contact us for immediately assist if you were charged with possessing 50 grams or less of marijuana in Lacey, Point Pleasant Beach, Toms River, Stafford, Beachwood, Brick Township, Jackson, Manchester, Berkeley, Little Egg Harbor, Ocean Township and Long Beach. To speak to one of our lawyers, do not hesitate to contact us any time 24/7 at (732) 286-6500 for a complimentary initial consultation.

Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, and Matthew Dorry, the former municipal prosecutor in Toms River, Stafford, Berkeley Township, Brick Township, Berkeley, Ship Bottom, Beachwood, Mantoloking, Barnegat Township, Beach Haven, Jackson, Manchester Eagleswood Township, Little Egg Harbor, Ocean Township, Jackson, Lacey Township, Point Pleasant Beach, Long Beach Township, Plumsted Township, and Tuckerton, are prepared to defend your possession of 50 grams or less of marijuana charge.

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