Newark NJ Marijuana Distribution Defense Attorney

Marijuana Distribution is an extraordinarily serious allegation in New Jersey. In fact, the statute that governs these offenses is purposefully broad in order to encompass possession with intent to distribute, meaning that if the State believes that you had the intention to sell the marijuana found in your possession, they can charge you with a felony-level crime. These charges are graded based on the measured weight of the substance, or the number of plants, associated with the alleged offense. The consequences can range from 18 months to up 20 years in New Jersey State Prison, as well as crippling fines of up to $300,000. Depending on the degree of the charges and the circumstances of your case, you may be considered a good candidate for a diversionary program such as Pre-Trial Intervention. Enlisting a knowledgeable attorney to conduct a comprehensive evaluation of your case will provide you with the information you need to confidently move forward.

Attorney Roy W. Breslow served on behalf of the State as a Prosecutor and Deputy Attorney General before establishing his own practice as a criminal defense attorney. This invaluable experience provided him with exposure to behind-the-scenes strategies used by the State to prosecute these offenses. Now, he utilizes this insight to produce highly favorable results for his clients. Contact his offices immediately to learn more about how Mr. Breslow can help you.

Marijuana Distribution in New Jersey: NJ.S.A. 2C: 35-5

According to NJ.S.A. 2C: 35-5 of the New Jersey Criminal Code, 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:

  • 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;
  • 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;
  • 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;
  • 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.

Charges for Marijuana Distribution in East Orange or Essex County NJ?

The penalties for marijuana distribution are as follows:

  • First Degree Marijuana Distribution: punishable by a term of incarceration ranging from 10 to 20 years in New Jersey State Prison, as well as a maximum fine of $300,000
  • Second Degree Marijuana Distribution: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison
  • Third Degree Marijuana Distribution: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison, as well as a maximum fine of $25,000
  • Fourth Degree Marijuana Distribution: punishable by a maximum term of incarceration of 18 months in New Jersey State Prison

In addition to the aforementioned penalties, a conviction for marijuana distribution entails a mandatory period of driver’s license suspension. Clearly, the consequences in these cases are severe and far-reaching. Ensure that your interests are protected — contact Mr. Breslow today to discuss your case.