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Morris County NJ Possession of Marijuana with Intent to Distribute Lawyer

Drug Charges Defense Attorneys in Morristown, New Jersey

Manufacturing, Distributing, or Dispensing Marijuana Defense Lawyer 2C:35-5.
Manufacturing, Distributing, or Dispensing Marijuana Defense Lawyer 2C:35-5

Even though the New Jersey Compassionate Use Medical Marijuana Act was recently passed, New Jersey has not decriminalized the possession and distribution of Marijuana. Once you have been charged with drug distribution offense, you face a variety of life altering penalties if convicted. If you or a loved one has been arrested and charged with a drug/CDS distribution offense, it is critical that you retain an experienced criminal defense attorney as soon as possible.

The skilled Drug Defense Lawyers at the Tormey Law Firm, have extensive experience handling drug crimes in courts throughout New Jersey, both in Superior Courts and Municipal Courts. One of the firm’s partners, Alissa D. Hascup, is a former Morris County Assistant Prosecutor, former Special Deputy Attorney General, and active Municipal Court Prosecutor, who handled a variety of serious drug-related cases during the course of her illustrious career. She knows what it takes for the State to prove a drug case beyond a reasonable doubt – and she will use that knowledge to defend, and potentially beat, the charges filed against you.

The Tormey Law Firm is a criminal and drug defense team that is prepared to defend you against serious marijuana distribution charges. For a free consultation about your marijuana charge, contact us anytime at 866-949-6948, or use our online contact form.

Possession of Marijuana with Intent to Distribute in New Jersey 

Possession of marijuana with intent to distribute is governed by N.J.S.A. 2C:35-5, which provides, in pertinent part:

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.

Distribution of Marijuana in New Jersey 

If you are charged with possession of marijuana with intent to distribute, the State must not only prove possession of marijuana, but also possession of marijuana with intent to distribute. The proofs typically include a large amount of weight (in marijuana), baggies, scales, cash, and actual sales using undercover operations. The penalties, according to the above statute, include the following:

  • Possession with intent to distribute 25 pounds or more of marijuana is considered a first degree crime. Potential penalties include up to 20 years in NJ State Prison and fines of up to $300,000.
  • Possession with intent to distribute between five (5) pounds and 25 pounds of marijuana is considered a second-degree offense. Potential penalties include up to 10 years in New Jersey State Prison and fines upwards of $150,000.
  • Possession with intent to distribute between one (1) ounce and five (5) pounds of marijuana is considered a third-degree offense. Potential penalties include up to five (5) years in state prison and fines upwards of $25,000.
  • Possession with intent to distribute up to one (1) ounce of marijuana is considered a fourth-degree offense. Potential penalties include up to 18 months in state prison and fines of up to $10,000.

In addition to the above penalties, a suspension of your driver’s license is required if you are convicted of marijuana distribution. Further, if the distribution was committed in a school zone or near a public park, you may be subject to mandatory jail time and parole ineligibility under the Brimage guidelines.

Contact a Netcong NJ Marijuana Charges Lawyer for a Free Consultation 

New Jersey drug charges are serious criminal charges that require an aggressive defense, which can include challenging evidence seized as the result of a search warrant, negotiating a lesser charge with prosecutors or building a case for trial. An experienced New Jersey Drug Lawyer can often negotiate with prosecutors to secure drug treatment options, drug courts or pre-trial intervention programs for non-violent drug offenders in New Jersey who might otherwise face time in County Jail or State Prison.

The Tormey Law Firm, LLC has an office conveniently located in Morristown NJ, so we are available immediately to assist you. For a free consultation about your marijuana charge, contact us anytime at 866-949-6948 or use our online contact form. One of our skilled drug crime defense lawyers will be happy to speak with you about your case and discuss your legal options.

The Tormey Law Firm Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400

Morristown, NJ 07960

Areas We Serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mont Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.

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