The landscape around marijuana is changing rapidly in New Jersey and across the U.S. Until recently, the FBI's Uniform Crime Reporting data indicated that New Jersey had one of the highest arrest rates for marijuana-related offenses. In 2018, more than 33,000 people were arrested in the state for possessing or selling marijuana. By 2022, that number dropped to 244 arrests. Attitudes about marijuana use and whether it should be decriminalized have changed dramatically over the last decade. But, while prosecutions of low-level marijuana charges are now much lower, it's important to understand how you can still face charges, the possible penalties, and how to get the best representation for your case. Attorney Joseph D. Lento and the experienced Criminal Defense Team at the Lento Law Firm can help.
Legal Representation for Marijuana-Related Offenses
Having an experienced defense lawyer in the New Jersey legal system is critical when facing allegations involving cannabis. The Lento Law Firm Criminal Defense Team is well-versed in aggressively defending charges, including possession of marijuana, trafficking of marijuana, and paraphernalia charges. We ensure our clients have their rights protected in all types of drug-related offenses.
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Marijuana-Related Arrests in New Jersey (2021) |
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Possession Arrests |
200 |
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Distribution Arrests |
44 |
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Total Arrests |
244 |
Overview of New Jersey Marijuana Laws
In 2018, New Jersey's attorney general paused prosecuting those arrested for possessing or distributing small amounts of marijuana or hashish, anticipating that the state would soon pass legislation decriminalizing marijuana possession. It took a while, but in 2021, Governor Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act into law.
The state's updated marijuana law legalized cannabis for adults 21 and older, decriminalizing possession of marijuana and hashish. Governor Murphy also signed legislation clarifying the penalties for cannabis use and possession for people under 21. The crime is now on par with possessing or using alcohol while underage.
Medical Marijuana in New Jersey
The state's medicinal marijuana program is continuing to evolve; however, it is still prohibited by federal laws. Current law also doesn't allow home cultivation of cannabis or medical cannabis. Some municipalities have opted out of allowing dispensaries as permitted by state law.
To qualify for medical marijuana, you must maintain a bona fide relationship with a medical provider registered with New Jersey's medical marijuana program. You may qualify if:
- You've maintained a relationship with the provider for at least a year,
- The provider has treated you for a debilitating condition on at least four occasions,
- After a thorough medical review and exam, the provider takes responsibility for your care regarding the qualifying condition.
You must also be a New Jersey resident. The "debilitating conditions" that qualify for medical marijuana include:
- Amyotrophic lateral sclerosis
- Anxiety
- Cancer
- Chronic pain
- Dysmenorrhea,
- Glaucoma,
- Inflammatory bowel disease, including Crohn's disease,
- Intractable skeletal muscular spasticity,
- Migraine,
- Multiple sclerosis,
- Muscular dystrophy,
- Opioid Use Disorder,
- Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS),
- Post-traumatic stress disorder (PTSD),
- Seizure disorders, including epilepsy,
- Terminal illness with less than 12 months to live, and
- Tourette Syndrome.
Marijuana Offenses
Before New Jersey's 2021 changes to marijuana laws, you could face a fourth-degree offense for possessing less than an ounce of marijuana or five grams of hashish. With the revamped law, possessing more cannabis may still be a crime.
- Possessing 25 pounds or more of marijuana or five pounds of hashish or more is deemed a first-degree crime, with potential fines of up to $300,000.
- Possessing between five and 25 pounds of marijuana or one pound of hashish is a second-degree offense.
- Possession of more than one ounce or less than one pound of marijuana, or between five grams and one pound of hashish is a third-degree offense.
Drug Paraphernalia Possession
New Jersey statute broadly defines the term drug paraphernalia. It includes "equipment, products, and materials" intended for use in planting, harvesting, manufacturing, or preparing substances that are considered as controlled or dangerous. Members of law enforcement may look for evidence of residue that suggests drug usage. Any paperwork or materials found that describe or depict an object as being intended for drug use are also considered to be strong indicators.
Drug paraphernalia charges are considered disorderly person offenses, which are minor by comparison. These offenses carry a maximum of six months in jail, up to 180 days of community service, and a $1,000 fine. Drug paraphernalia charges also can result in a driver's license suspension.
Possible Defenses for Marijuana-Related Offenses
In defending a marijuana possession case, it may be proven that your rights were violated, which may lead to a reduced charge or dismissal. It is also possible that your identity was mistaken. Sometimes the arresting agency is determined to have obtained evidence against you in a manner that was not legal. A defense that asserts you were subjected to entrapment is rare but possible also. An experienced attorney will consider potential defenses as part of an overall defense strategy.
The Future of Marijuana Laws
Now that some marijuana possession is legal in New Jersey for adults over 21, access will likely increase across the state. The state implemented the first set of cannabis regulations in 2021, allowing municipalities to prohibit or limit the number of dispensaries or delivery programs in their area. Each municipality may also institute a location tax on cannabis. As of 2023, 754 out of 1,520 municipalities do not allow or limit dispensaries, while 877 do not allow consumption sites. With time, more municipalities may get on board, increasing access for the people of New Jersey.
Federal law still prohibits using and possessing even small amounts of cannabis. This means you could still face criminal charges for possession of marijuana in a federal facility like a military base. You could also face charges if you try to take marijuana through airport security or on a plane. However, there are glimmers of hope that Congress may take action to change the law in the years to come. The Biden administration took steps to pardon simple marijuana possession convictions and to direct the Attorney General and the Secretary of Health and Human Services to review the classification of cannabis under federal law.
Congress also passed the Medical Marijuana and Cannabidiol Research Expansion Act (MMCREA). The bipartisan legislation allows more research into medical uses for cannabis, rolling back federal restrictions on the cultivation and use of research-grade cannabis. MMCREA will also allow the development of FDA-approved drugs containing CBD and cannabis.
Importance of Retaining Experienced Defense Counsel for Marijuana Offenses
Those charged with marijuana-related offenses should promptly seek legal representation. A host of penalties may be imposed on those who are convicted, including jail time, fines, periods of probation, and more. Another critical concern is that you face the prospect of having a criminal record. Having a drug-related conviction on your record may create long-term problems for you. When applying for employment opportunities or seeking to lease an apartment, this offense may prevent you from passing background screening requirements.
Defense Attorney for Cannabis Offenses in New Jersey
Attorney Joseph D. Lento has been successfully defending clients in New Jersey for years. Attorney Lento and the skilled Criminal Defense Team at the Lento Law Firm are committed to protecting the rights of the accused and the development of customized defense strategies.
Call the Lento Law Firm at 888-535-3686, or contact them online to schedule your consultation.
