Marijuana Possession FAQs

Call an attorney, first and foremost. Drug charges, even if you consider your case minor, can ultimately have a devastating impact. It is important to evaluate the facts of the case immediately to determine the best defense and begin working right away.

Depending on your situation, you might face a number of criminal charges, including:

• Possession of 50 grams or less of marijuana
• Possession of more than 50 grams of marijuana
• DUI of marijuana
• Distribution or sale of marijuana

While the penalties might vary based on your criminal record and the specific factors surrounding your charge, you might face consequences such as jail time, fines, community service, court-ordered classes and loss of driving privileges. You may be monitored by probation and subject to random drug testing. The penalties might be different for everyone, but your attorney will answer your questions along the way.

A bill introduced in May 2017 is a large step toward legalizing marijuana in New Jersey. The bill would legalize possession and personal use of up to an ounce of marijuana for adults over the age of 21. The bill also highlights the establishment of an enforcement agency as well as a licensing system for growers and retailers. In the past several months, the bill has gone through numerous changes including the addition of language centered on growing weed at home. It is still unknown if marijuana will, in fact, become legal in New Jersey. Some lawmakers are opposed to legalization and instead are advocating for the decriminalization of marijuana. We are watching the conversations of lawmakers and will monitor any new changes in the law. It is important to contact any attorney after an arrest for marijuana to determine if any of the new legal changes may affect you.

While marijuana possession might become legal in the grand sense, there will still be restrictions centered on age and how much marijuana you can possess. Additionally, drivers might face “drugged driving” charges whether marijuana is legal or not. The legality of a substance does not override the law’s ability to hold impaired drivers accountable – much the same way that drunk driving would be handled.

In order to get any case dropped or dismissed, there must be a legal reason to do so. For example, if the police acted illegally in searching you or your car, your attorney can make motions to dismiss the charges completely.

If you were convicted of a marijuana charge or a marijuana-related charge (possession of drug paraphernalia), you might be able to have the conviction expunged – or erased – after a certain time period has passed.

No matter how your case was resolved, it is important to get a record of the arrest erased from your criminal background. Make sure to discuss your situation with a skilled lawyer who can help you understand your legal rights and options.