The Penalties for Possessing Marijuana in New Jersey

The Penalties for Possessing Marijuana in New Jersey

So you got busted with some weed in New Jersey. Don’t freak out! Lots of people find themselves in this situation. The penalties can vary a lot based on the amount you had and your past record. Let’s break it down so you know what you’re looking at.

First off, in New Jersey, marijuana possession is illegal for recreational use. Medical marijuana is allowed with a card from the state’s Medicinal Marijuana Program, but for everyone else, having weed on you can mean criminal charges.

Possession of 50 Grams or Less

If you’re caught with 50 grams or less of marijuana, it’s considered a “disorderly persons” offense. That’s basically a misdemeanor in other states. The penalties are:

• Up to 6 months in jail
• Fines up to $1,000
• Possible drug counseling or treatment
• Possible driver’s license suspension of 6 months-2 years

Most first-time offenders don’t get jail time for small amounts like this. But the fines, license suspension, and drug counseling can hurt.

Between 50-100 Grams

If you have more than 50 grams but less than 100 grams of marijuana, the charges get bumped up to a 4th degree crime. This is a lot more serious:

• Up to 18 months in prison
• Fines up to $25,000
• Possible driver’s license suspension for up to 2 years

Because it’s a criminal offense now, you’ll have a permanent criminal record if convicted. Not good. The fines and jail time can be harsh here too.

More Than 100 Grams

Over 100 grams moves the charges up again to a 3rd degree crime. Now we’re talking:

• 3-5 years in prison
• Fines up to $25,000
• Possible driver’s license suspension for up to 2 years

In addition to the stiff prison sentence, having a felony conviction affects your life in all kinds of ways. It can impact jobs, housing, loans, and more. So this is really serious.

Within 1,000 Feet of a School

Here’s a big one: if you’re caught within 1,000 feet of any school in New Jersey with ANY amount of marijuana, the crime level gets bumped up one degree.

So less than 50 grams would become a 4th degree crime instead of a disorderly persons offense. And more than 50 grams becomes an even more serious 2nd degree crime.

The penalties also increase:

• Up to 10 years in prison
• Fines up to $150,000

Being close to a school brings mandatory prison time and much higher fines. Stay away from schools entirely if you’re carrying!

Underage Possession

For those under 18, there are additional penalties. Any marijuana possession automatically becomes a 4th degree criminal offense instead of a misdemeanor.

Minors also face:

• Suspension of driver’s license for 2 years
• Possible community service
• Mandatory drug counseling

Marijuana possession convictions can really limit a young person’s future. So don’t do it!

Prior Convictions

If you already have a criminal record, especially for past drug offenses, the penalties get harsher. Prosecutors can seek longer prison sentences, higher fines, and automatic license suspensions.

Judges also tend to be tougher on repeat offenders. So someone with multiple possession charges may be looking at years in prison even for small amounts.

Defenses

There are some defenses that a good lawyer can use to fight marijuana possession charges. For example:

• Illegal search – if the police didn’t have probable cause or a warrant to search you, the evidence may get thrown out. ACLU illegal search
• Not your marijuana – if someone else had the marijuana or you can show it wasn’t actually yours, you may beat the charges. Not my marijuana defense
• Medical necessity – for some medical conditions like cancer or seizures, medical marijuana may be a valid defense even without a card. Medical necessity defense

Bottom Line

Marijuana possession in New Jersey is risky business. The penalties quickly escalate from misdemeanors to serious felonies. Fines, license suspension, and jail time can really hurt. Stay away from schools and avoid past convictions that make it worse. Know your rights in case of an illegal search. And for small amounts, a good lawyer may get the charges dropped or reduced. Don’t panic, but take any marijuana possession charge seriously!