As you may already know, on February 22, 2021, the state of New Jersey legalized and decriminalized recreational marijuana. However, this ruling does not necessarily apply across the board, and you may still find yourself in legal trouble under certain circumstances. After all, the United States Drug Enforcement Administration (DEA) still holds marijuana as a Schedule I substance, due to its high potential for abuse. With all these things to consider, please continue reading to learn whether marijuana possession is considered to be illegal and how an experienced Morristown criminal defense lawyer at Graves Andrews, LLC can help you avoid any criminal prosecution for this.
Is marijuana possession illegal in the state of New Jersey?
Importantly, New Jersey’s new marijuana laws may only protect you if you are found to be in possession of a small amount of this controlled substance. Specifically, they only legalize and decriminalize the possession of less than six ounces of marijuana. With any larger amount, you may be penalized for a fourth-degree offense. This may come with a prison sentence of up to 18 months and a fine of up to $25,000.
Secondly, it is worth mentioning that the distribution of marijuana is still considered to be illegal under this new ruling. However, it established new, lesser penalties for this, as they read as follows:
- Distributing 25 pounds or more of marijuana is a first-degree offense:
- A prison sentence of 10 to 20 years.
- A fine of $300,000.
- Distributing five to 25 pounds of marijuana is a second-degree offense:
- A prison sentence of five to 10 years.
- A fine of $150,000.
- Distributing one ounce to five pounds of marijuana is a third-degree offense:
- A prison sentence of three to five years.
- A fine of $25,000.
- Distributing one ounce or less of marijuana is a fourth-degree offense:
- A prison sentence of up to 18 months.
- A fine of $25,000.
What are my rights with New Jersey’s new marijuana laws?
You may rest easier knowing that New Jersey’s new marijuana laws also protect you from certain actions by local law enforcement officials at the time of your stop. For example, an officer may no longer search, arrest, detain, or take you into custody if you are found to distribute one ounce or less of marijuana; or, for possessing any amount of marijuana. With this, they also cannot use marijuana odor alone as a reason to search you for distributing one ounce or less of marijuana; or, for possessing any amount of marijuana.
However, it should be noted that an officer can still confiscate your marijuana at the time of your stop, even if they cannot necessarily criminally charge you for it. But all in all, anything else may constitute a violation of your civil rights.
f you have gotten this far, we now ask you to reach out to a skilled Morristown criminal defense lawyer to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from Graves Andrews, LLC for your upcoming criminal defense proceedings.
