Marijuana Possession Defense Lawyer New Jersey

New Jersey adopted major changes to its marijuana laws in 2021 to make it legal to possess, produce and sell certain amounts of marijuana for recreational use by adults (age 21 or older). However, the possession of marijuana beyond prescribed limits remains illegal and can result in criminal charges.

If you’re an adult, the use or possession of up to 6 ounces of marijuana (or 17 grams of hashish) is no longer a crime in New Jersey. But possession of more than 6 ounces of marijuana or more than 17 grams of hashish is a fourth-degree offense, punishable by 18 months in prison and a fine of up to $25,000. Possession of marijuana on federal property, such as a military base or national park, or while crossing state lines could lead to federal drug charges, as well.

If you or a loved one is facing a New Jersey marijuana possession charge, contact the experienced legal team at the Law Office of Jason A. Volet, LLC. A former New Jersey drug crimes prosecutor, Jason A. Volet can offer insightful advice about your marijuana possession case. He has the negotiation skills and determination to present an aggressive defense on your behalf.

Don’t let another attorney tell you marijuana possession isn’t punished anymore. A conviction for possession of more than 6 ounces of marijuana can cost you money and your freedom and remain on your record for years to come. You need an attorney who takes the charges seriously.

Contact the Law Office of Jason A. Volet, LLC, today to review your case. Our legal team is ready to take action on your behalf.

What Are the New Jersey Marijuana Possession Laws?

You can still be arrested, charged, and punished for possession of marijuana in New Jersey. Possession of more than 6 ounces of cannabis is a fourth-degree offense punishable by 18 months in prison and a fine of up to $25,000. A conviction for possession within 1,000 feet of a school adds not less than 100 hours of community service to the sentence and an additional fine, which increases according to the amount of marijuana found.

But New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act make it legal for someone who is 21 years old or older to:

• Possess up to 6 ounces (170 grams) of marijuana
• Possess up to 17 grams (0.59 ounce) of hashish
• Possess paraphernalia for marijuana or hashish

The law also expunges prior convictions for possession of marijuana, hashish, or paraphernalia from individuals’ records and vacates any remaining fines, fees, sentences, or ongoing supervision (probation). The revised statutes also reduce penalties for distributing marijuana and hashish.

New Jersey’s new marijuana laws no longer allow police to use the odor of marijuana by itself as a reason to search you or your property, regardless of your age. The new law specifically says police cannot ask someone younger than 21 for their consent to search them for cannabis.

However, the consumption of marijuana – in particular, smoking it – remains prohibited in most public places in New Jersey, such as parks, playgrounds, public transportation, parking lots, alleys, public buildings, and shopping areas.

Driving a car while impaired and under the influence of marijuana also is still illegal.

If you are not yet 21 years old and caught with less than 6 ounces of marijuana (or 17 grams of hashish), you will receive a written warning. On a second offense, the written warning is to include information about community-based support services. If you’re under 18, your parents will be notified. For three or more offenses, you will get a referral to community-based support.

What If I Was Using Marijuana for Medicinal Purposes in New Jersey?

Under New Jersey’s Medicinal Cannabis Program (MCP), registered patients can receive up to 3 ounces of cannabis every 30 days from their doctor.

Patients should keep their Medicinal Cannabis Program card with them at all times and keep medicinal cannabis in its original labeled packaging.

However, possession of 3 ounces of medical marijuana is far less than the amount of cannabis an adult may legally possess in New Jersey. Individuals who remain in the MCP should follow common sense usage practices, including:

• Not using in public places, near schools, or on school buses
• Not driving while using marijuana
• Keeping marijuana secured from potential underage users.

What Should I Expect When Facing a Marijuana Possession Charge?

The New Jersey criminal court system is complicated. If you have been charged with possessing more than 6 ounces of marijuana, a skilled defense attorney will have opportunities to negotiate a resolution of the charges to minimize the effect on your life and liberty.

First appearance and bail: When you are arrested or receive a notice to appear in court, you should contact an N.J. criminal attorney as soon as possible so you have someone representing you at your first appearance. This is when bail will be set. An experienced New Jersey marijuana possession attorney will demand your release on your own recognizance or with the lowest possible bail.

Pre-trial negotiations: Your attorney will conduct an investigation and seek evidence that can be used in your favor or to challenge the prosecutor’s case. An experienced, local defense attorney can often negotiate a resolution to the case before it goes to court.

Depending on the circumstances and your prior history, your attorney may be able to get marijuana possession charges dropped or reduced. If you are eligible, your defense lawyer may request pre-trial intervention (PTI) to help you avoid formal prosecution.

Trial and afterward: Hiring an attorney with extensive trial experience is a definite advantage in a marijuana possession case if the case proceeds to trial. As a former Monmouth County prosecutor, attorney Jason Volet understands how prosecutors approach drug cases. He applies that knowledge to the benefit of his clients.

At the Law Office of Jason A. Volet, LLC, our goal is to intervene on your behalf as soon as possible to fight marijuana possession charges at every turn. If a day in court is inevitable, your New Jersey drug defense litigation team will present a solid defense on your behalf.

Contact a New Jersey Marijuana Possession Lawyer Today

Even with the recent changes to New Jersey’s marijuana possession laws, a conviction for marijuana possession is possible and can cause you problems for years afterward. Don’t make the mistake of entrusting an inexperienced lawyer with your future if you a facing a drug charge.

Contact the Law Office of Jason A. Volet, LLC, today. With experience as a New Jersey drug crimes prosecutor and a criminal defense lawyer, Jason A. Volet has handled more than 2,000 criminal cases in his career. If you are facing a marijuana possession charge, you want Jason Volet’s experience on your side. Speak with an experienced New Jersey criminal defense attorney today.

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