January 2019

Sale and Trafficking | Possession of Drug Paraphernalia

Jersey's-Marijuana-Laws-part-one As a general rule, though New Jersey does allow for medical use of marijuana, the state takes a serious approach to the possession, cultivation, and trafficking of the drug. In Part One of this series, we looked at how New Jersey treats possession and cultivation of marijuana. In this blog, we look at the penalties for sale or trafficking, as well as possession of drug paraphernalia.

Sale and Trafficking of Marijuana in New Jersey

As we indicated in Part One of this series, New Jersey identifies all marijuana crimes as Schedule I offenses, considered the most serious drug crimes. The penalties for sale or trafficking are based primarily on the amount sold (you can also be charged with possessing a quantity of marijuana with the intent to sell).

Less than 1 ounce—Selling less than 1 ounce carries a potential prison sentence of 18 months, as well as a fine of up to $25,000
Less than 5 pounds—If you are caught trafficking more than 1 ounce but less than 5 pounds, you can face 3-5 years in prison and a $25,000 fine
Less than 25 pounds—For a conviction for selling more than 5 pounds but less than 25 pounds, you can be sentenced to 5-10 years in prison and up to $150,000 in fines
More than 25 pounds—If convicted, you face between 10 and 20 years in prison and up to $300,000 in fines

Certain characteristics of the offense can add to the penalties, including trafficking in a school zone, public park, or public housing or selling to a minor or pregnant woman.

Possession of Drug Paraphernalia

New Jersey also penalizes possession of certain items used in the growing, harvesting, processing, selling, storing, or use of marijuana. Objects that may constitute drug paraphernalia include pipes, bongs, roach clips, spoons, cigarette papers, and chillums (cone-shaped pipes). Possession of drug paraphernalia is punishable by incarceration for up to 6 months, a $1,000 fine, or both.

Contact Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Possession of Marijuana in New Jersey

There are generally two factors that determine the type of offense and severity of the penalty when you are convicted of possession of marijuana in New Jersey—the amount in possession and the number of convictions. If you are convicted of having less than 50 grams, you can be sentenced to 6 months in jail, a $1,000 fine, or both. For 50 grams or more, then sentence increases substantially—up to 18 months in prison and a possible fine of $25,000. If the offense occurred within 1,000 feet of a school, public park, or public housing, a 100-hour community service requirement will typically be ordered. For all repeat offenses, the sanctions listed above can be doubled.

Growing Marijuana in New Jersey

The penalties for cultivation of cannabis in New Jersey vary, based on the number of plants. For less than 10 plants, you can be sentenced to 3-5 years in prison and a $25,000 fine. For 10-49 plants, the penalty is 5-10 years and a fine of up to $150,000. If you are convicted of having more than 50 plants, you can spend 10-20 years in prison and be fined up to $300,000.

Contact Attorney Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

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