NJ Synthetic Marijuana

NJ Synthetic Marijuana Charges

Synthetic marijuana, often referred to as K2 or Spice, has become an increasingly common illegal drug over the past decade in New Jersey. While synthetic cannabinoids were legal for a period of time, the state eventually banned these substances due to serious health risks and safety concerns.

However, arrests for synthetic marijuana possession, distribution, and intent to distribute continue in NJ. Being charged with any synthetic cannabinoid offense can lead to criminal penalties if convicted.

So if you have been arrested for synthetic marijuana in New Jersey, it is essential to retain an experienced criminal defense attorney immediately. An aggressive lawyer can often get charges reduced or even dismissed by exploiting flaws in the prosecution’s case.

Synthetic Marijuana Possession in New Jersey

Under statute 2C:35-10.3, it is illegal in New Jersey to knowingly obtain or possess synthetic cannabinoids, even for personal use. Penalties vary based on the amount possessed:

• Less than 1 ounce – Up to 18 months in jail
• 1 ounce to 5 pounds – Up to 3 years in prison
• 5-25 pounds – 3-5 years in prison

School zone drug offenses can also increase penalties. And possession of drug paraphernalia may lead to additional charges.

Synthetic Marijuana Distribution in New Jersey

Distributing or possessing with intent to distribute synthetic marijuana comes with even stiffer penalties under statute 2C:35-5. For example:

• 1-5 pounds – 3-5 years in prison
• 5-25 pounds – 5-10 years in prison
• 25+ pounds – 10-20 years in prison

Large fines up to $300,000 also apply. And using a minor for distribution leads to further enhanced penalties.

Hiring an Experienced Synthetic Marijuana Lawyer

Given the complexity of defending synthetic cannabinoid charges, it is critical to retain legal counsel experienced specifically in NJ drug crime cases. Look for a lawyer who:

• Focuses on defending NJ drug charges
• Has represented synthetic marijuana defendants before
• Is familiar with local prosecutors and judges
• Has a track record of successful case results

Don’t take chances on the first attorney you find. Thoroughly vet drug crimes lawyers to find the best one to fight your charges aggressively.

Fighting Synthetic Marijuana Charges in NJ

There are various strategies an experienced lawyer can use to attack synthetic cannabinoid charges, such as:

• File a motion to suppress evidence due to an illegal search
• Dispute whether the substance found actually contains banned chemicals
• Challenge if there was actual or constructive possession established
• Raise doubt about knowledge the material contained synthetic marijuana
• Allege police misconduct or defective testing procedures

An assertive attorney will leave no stone unturned in undermining the prosecution’s case and exposing reasonable doubt over your guilt.

Should I Accept a Plea Deal or Go to Trial?

Your attorney will advise if pleading guilty in exchange for a lesser penalty makes strategic sense based on the specifics of your case. For example, a plea to the disorderly persons offense of attempted possession may be preferable to trial.

However, you should be reluctant to accept any plea that involves jail time. If your lawyer sees viable chances of getting charges dismissed pre-trial or winning a full acquittal at trial, that should be the top priority.

Are Synthetic Marijuana Charges Difficult to Defend Against?

These cases can certainly present challenges, but an experienced lawyer can still instill reasonable doubt. Some examples of potential weaknesses:

• Illegal search leading to discovery of the synthetic material
• Lack of direct evidence tying you to the drugs
• Unreliable field drug testing kits
• Credibility issues with police witnesses

Before losing hope, discuss the specifics of your case with a defense lawyer. There may be more ways to fight than you think.

Should I Admit the Drugs Were Mine to Avoid Distribution Charges?

No, you should never admit to anything when questioned by police if facing possible synthetic marijuana charges. Simple possession and distribution both carry multi-year prison terms. An attorney may be able to get both charges dropped or reduced.

Let your lawyer handle negotiations with prosecutors. Any statements made without counsel present could be used to incriminate you and hurt your defense down the road.

Are Synthetic Marijuana Charges Worse for Juveniles?

Yes, the penalties for juveniles charged with synthetic cannabinoid offenses are even more severe. And prosecutors tend to pursue harsher charges against minors caught with synthetic marijuana.

An experienced defense lawyer can argue for enrollment in the state’s pretrial intervention (PTI) program for juveniles and dismissal of charges upon completion. Avoiding a permanent criminal record should be the top priority.

Conclusion

Defending against synthetic marijuana charges in New Jersey is difficult but not hopeless. An aggressive criminal defense lawyer can often get allegations reduced or dismissed by exploiting flaws in the prosecution’s case.

Don’t assume you have to plead guilty and serve years in prison. Fight back. With an experienced attorney highlighting deficiencies in the state’s evidence, you have strong chances of acquittal or conviction on a lesser offense.

While the penalties seem harsh, viable defenses frequently exist. Protect your future through zealous legal representation – it’s your best weapon against devastating synthetic cannabinoid convictions.

References

[1] New Jersey Statute 2C:35-10.3

[2] NJ Court Rules on Attorney Conduct

[3] Synthetic Marijuana Charges Defense Attorney NJ