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

Peyrouton Law
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Nwe Tun
Nwe Tun
01:06 13 May 23
I didn't have to worry a thing abt my speeding ticket. Mr. Peyrouton took care of everything. He explained and answered my questions. I am happy with his service.
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J Bean
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Natalia K.
Natalia K.
02:17 20 Apr 23
Absolutely amazing!!! Great communication from him and was on top of everything from the court date to the timing. Answered any questions I had and was very professional, patient, and understanding. Couldn’t ask for anyone better! Definitely would recommend his services to everyone I know. Thank you for everything Peyrouton Law!
Danya C.
Danya C.
15:05 15 Apr 23
Alan does amazing work, very professional and very communicative with me. Highly recommend! He’s also familiar with the judges and prosecutors in the courtrooms so that’s a plus! I wanted to thank you Alan for your knowledge regarding my matter.
Ava Cabrera
Ava Cabrera
15:25 03 Apr 23
This my main man everything he say be factz when he step in court room lawyers and judge already know who he is he don't be thirsty for money he be genuinely trying help people out all good vibes ......and I had other lawyers and I can't say the same for them
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jemsley canela
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Lauren Serrano
Lauren Serrano
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Extremely professional, on time, and responds immediately with any questions or concerns I had. Exceptional lawyer!
John B.
John B.
01:36 10 Feb 23
I met Alan and right off the bat I knew he was a straight shooter........I was facing alot of time and he didn't sugar coat my worst outcome and best outcome for hiring him to defend me.He was very reasonable priced and answered all my questions even if I repeated myself.All the way upto my court date he was responsive to all my calls and concerns. Other lawyers wanted outrageous fees and would tell me what i wanted to hear. Alan isn't like that at all. Not only was my case dismissed but he gave me great life advice. He is a true definition of a scholar and a gentleman!!!!!
Geselle Linares
Geselle Linares
21:31 22 Jan 23
I just wanted to get on here and say how amazing Alan is. He is very friendly and professional. He took care of everything and thankfully I did not stress one bit. Every time I had a question he was sure to answer within a reasonable time. If anyone is thinking about hiring him do not hesitate to contact him or his team!
Rosales Karen
Rosales Karen
03:24 18 Dec 22
Exelente abogado merece más de 5 estrellas una persona seria humilde el abogado alan es bien educado habla español trata de lo mejor A sus clientes exelente persona 😄 ✌
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