While there has been talk from politicians of legalizing marijuana possession at this time it is still illegal in NJ to possess marijuana. If the amount of marijuana is under 50 grams then it is a disorderly persons offense in violation of NJSA 2C:35-10. If the amount is greater than 50 grams then it is a crime but the County Prosecutor's Office may downgrade the charges to disorderly persons offenses to be handled in municipal court. Also using or being under the influence of any type of CDS ,such as Methamphetamine, without a valid prescription is also a disorderly persons offense and is handled in municipal court. The possession without a prescription of most types of CDS such as Methamphetamine are crimes but the County Prosecutor's Office may downgrade the charges to disorderly persons offenses to be handled in municipal court.
The disorderly persons offenses carry substantial fines and penalties, and the possibility of jail and/or probation and/or community service. A suspension of the drivers license for six months is mandatory. However a good defense attorney should request a hardship application under the statutes to avoid any suspension of the drivers license. However a conviction may be avoided by accepting a conditional discharge which is a once in a lifetime diversionary program in which the charges are dismissed after a one year probationary period as long as no other violations occur and all fines and penalties are paid during this period.
Possession of drug paraphernalia in violation of NJSA 2C:36-2 is often charged in combination with the above drug charges and carries many of the same penalties and loss of drivers license.
Even though possession of marijuana is still illegal it is expected that the Attorney General's Office will soon issue a directive to municipal prosecutors that situations may arise where dismissal of simple possession of marijuana cases is appropriate.
Attorney Steven D. Rothblatt has the experience, knowledge and expertise to help you and defend you if charged with any type of drug offenses or any other type of criminal offenses in municipal court.
