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Marijuana Possession

Beating Blunt, Vape & Bong Charges

NJ Marijuana Possession - Overview

Marijuana possession is one of the most common charges in New Jersey. Thousands of people (mostly motorists) are charged with marijuana possession. I don’t have the statistic but it feels like 90% of all marijuana possession cases that we handle stem from a traffic stop.

We represent clients all over Northern New Jersey & it doesn’t matter whether our clients are from Bergen, Essex, Hudson, or Passaic County. When our clients meet with us, they share the same experience. They get stopped for a traffic violation & after the police officer smells marijuana, they get charged.

If they arrest you for a small, personal use quantity, you will be facing a disoderly persons offense. These cases are resolved in the nearby Municipal court where you got arrested. We will discuss the penalties you face, legal defenses, and probation options.

Let’s get into it.

Marijuana Possession Laws & Penalties

Mandatory Minimum Sentences

If you are convicted of an indictable offense with a mandatory minimum sentence, the judge has no choice in how he/she sentences you.

Your sentence will start at the “mandatory minimum” and go up from there.

For example, if you are charged with distributing 5 lbs of marijuana or more, your sentence will start at 10 years.
The judge cannot sentence you to less time.

You will not be eligible for parole during the “mandatory minimum” period of incarceration.

Marijuana Possession & Paraphernalia Laws: 2C:36-2

What is Paraphernalia?

Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana.

If you are in possession of a grinder, bong, pipe, or baggie (used to carry marijuana) you will be charged with paraphernalia.

Paraphernalia Penalties

Paraphernalia Possession is a disorderly persons offense.
You face a fine of up to $1,000, six months in jail, or both.

Manufacturing or selling paraphernalia is a fourth-degree felony in New Jersey.
You face a $10,000 fine and up to 18 months in prison.

Now that we shared the law, let’s discuss how it works in the real world. As criminal lawyers, we can tell you that anything can be considered or treated as paraphernalia. You can always expect to get these charges when you are facing marijuana possession charges. For example, if the marijuana is a gutted cigar blunt, then the cigar will be the basis for the paraphernalia charge. If the marijuana is in a pipe or bong, you will also get charged with paraphernalia. Our clients in Hackensack, Jersey City, Newark, and Paterson can tell you that this is how it is. Paraphernalia is also a disorderly persons offense & these charges will be resolved in Municipal court.

CDS in a Motor Vehicle

We devoted an entire blog to this subject Operating a Motor Vehicle with CDS but will discuss it briefly here. New Jersey has a traffic violation that we refer to as CDS in a motor vehicle. CDS stands for Controlled Dangerous Substance and yes, marijuana is considered CDS. However, it is not a criminal offense. It is a traffic violation. 

This is a serious charge because if you are convicted of cds in a motor vehicle, you will lose your license for two years.

Your other marijuana possession charge is separate and apart. If you are convicted or marijuana possession you may lose your driving privileges for a period of six months to two years.

Marijuana Possession & Probation

If you’re facing misdemeanor marijuana possession charges and want to keep your record clean & avoid jail, then you would need admission into NJ’s conditional discharge program. Once you successfully complete the program, your charges will get dismissed. However, the program is not easy & there will be drug testing. Also, not everyone is eligible.

If you are charged with felony marijuana possession charges, you may be eligible for NJ’s Pretrial Intervention program. Again, the program is not easy & you will be subject to many conditions. However, if you successfully complete the program, your criminal charges will get dismissed.

Legal defenses to Marijuana Possession charges

Marijuana possession charges can get dismissed without using a diversionary program. All drug charges have to be challenged on Constitutional grounds. This means that you have to challenge the legality of the search. How did the police find the drugs? Did they find the drugs pursuant to a valid search warrant? Did the police violate your 4th Amendment rights in obtaining the evidence?

All of these questions are answered in two helpful articles: Dismissing Criminal Charges & How To Dismiss Drug Charges.

Our advice

If you’re facing marijuana possession charges, meet with us and tell us all about it. How did you get arrested? Where did you get arrested? Did the police search you, your car, or your home? This stuff fascinates us so schedule a free consultation. We want to hear your story.

More often than not, if you have marijuana possession charges, you probably have other charges too. Don’t just take the first plea offer that comes your way. And don’t just use PTI or the conditional discharge program because you want the whole experience to be done & over with. Let’s fight first! We want to study the facts of your case & see if we can help you avoid going on probation. Remember, probation is long & you will be drug tested. It is also expensive & often involves community service. Don’t you want to see if your rights were violated? If they were, we might be able to get your entire case dismissed. We’ve helped a lot of clients & they’re happy that they chose us.

Meet with us to discuss your case. We love what we do & we love helping people. Let us help you!

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas

Below, you will find a few of our practice areas.

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

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Alan is truly a great attorney and a great man, he helped me with things I didn’t think could be fixable.
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I had a difficult case but Alan was able to get it settled and dismissed at a reasonable price.
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I would highly recommend Alan. He was very thorough and compassionate.
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I hired peyrouton law to represent me in three cases I had recently alen helped me through the hole thing he was there for me every time I called and explained what was going and what he was doing I wouldhighly recommend him he was the best attorney I have ever had
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I want to Personally Thank Alan at Peyrouton Lawfirm, LLC for his Professionalism, and Dedication in representing me. Not being from NJ, I’m So Glad I chose this Lawfirm to represent me in my Criminal Case. He was thorough from Start to Finish and the case was Dismissed. Thanks Again Alan at Peyrouton Lawfirm, LLC!!!
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I was in a dire situation and needed rapid legal aid. Alan managed to help me get my case dismissed and I can move on with my life. He is a great attorney, reasonable prices, ethical, and not afraid to be straightforward with you about your legal manners. I strongly recommend to hire him. I’ve looked up to him since I met him. Alan is fair and understanding and very professional. He’s a really good lawyer !! He has a cool office by the way!
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I encountered Alan when my back was against the wall. So many other lawyers were charging me an arm and a leg and I just could not afford it. Then Alan came in and helped me out tremendously. He was the first lawyer that I felt ACTUALLY listened to me and had my best interests in mind. From our very first conversation, I felt at ease. He and I were able to compromise on a payment and I felt very certain that I had found the right lawyer. Alan was able to get my charges dismissed and I will forever be grateful to him for his hard work. Thank you, thank you, and THANK YOU! God Bless you Alan!
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Peyrouton law is a great company to seek a responsible and helpful professional assistance. The results and outcomes were positive on my end due to Peyrouton Law firm. I recommend others to be refered and seek help with this Firm, all the information and feedback based my personal recent experience.
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I highly recommend Alan to anyone seeking a lawyer who is not only a legal expert but also a compassionate ally in the pursuit of justice. His dedication, professionalism, and extensive experience set him apart as a true advocate for those navigating the challenging waters of domestic violence cases. Thank you, Alan, for your exceptional service and unwavering commitment to justice.
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