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Marijuana Possession FAQs

Frequently Asked Questions About Marijuana

Many people now consider marijuana a harmless drug and a minor offense. As many parts of the country slowly move toward legalization, there are still laws and criminal consequences to consider. In Bergen County, New York City or communities throughout the area, we encourage you to contact a lawyer at Sutnick & Sutnick Attorneys at Law to discuss your case and your legal options.

What are some commonly asked questions regarding marijuana possession?

What To Do If Arrested For Drugs/Marijuana?

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.

What Are The Criminal Charges For Marijuana?

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

  • Possession of more than 6 ounces of marijuana
  • Possession of more than 17 grams of hashish
  • DUI of marijuana
  • Distribution or sale of marijuana

What Are The Penalties For Marijuana In New Jersey

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, and court-ordered classes. You may be monitored by probation and subject to random drug testing. The penalties might be different for everyone, and your attorney will answer your questions along the way.

Is Marijuana Legal In New Jersey?

Sometimes. The possession of small amounts of marijuana has been decriminalized in New Jersey. In February 2021, the marijuana laws changed significantly. It is now legal for anyone 21 and older to possess less than 6 ounces of marijuana. It is important to contact any attorney after an arrest for marijuana to determine if any of the new legal changes may affect you.

Is Distributing or Selling Marijuana Legal?

No. It is still against the law to sell marijuana. Anyone who sells marijuana or who has marijuana with the intention of selling it may be charged criminally and the penalties depend on the weight of the marijuana sold.

For example, distributing more than one ounce but less than 5 pounds of marijuana is a third-degree crime punishable by up to 5 years in prison. Distributing more than 5 pounds but less than 25 pounds of marijuana is a second-degree crime punishable by up to 10 years in prison. Distributing 25 pounds or more of marijuana is a crime of the first-degree and punishable by up to 20 years in prison.

What Happens Now That Some Marijuana is Legal In New Jersey?

While small amounts of marijuana possession are now legal in the grand sense, there are still restrictions centered on age and how much marijuana you can possess. Additionally, drivers still face “drugged driving” charges even though marijuana is legal. 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.

Can the Police Search My Car if I am Stopped for a Traffic Offense and They Smell Marijuana?

No. Now that small amounts of marijuana have been legalized, the police may not search your car if their only reason for the search is the odor of marijuana. The smell of marijuana- even low-level possession with intent to distribute (4th degree) amounts are insufficient to form the basis to search a vehicle.

Can a K-9 or Police Dog Sniff My Car to See if Drugs are detected?

Maybe. It depends if the K-9 was trained to detect the odor of marijuana. Now that marijuana is legal, and the smell of marijuana is insufficient to form the basis to search a car, any K-9 trained to alert to marijuana and other drugs, can no longer be used for a probable cause search. If, however, the K-9 was not trained to alert for marijuana, the dog’s positive signal can serve as probable cause to search.

Can A Marijuana Charge Be Dropped/Expunged?

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.

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.

Discuss Your Case And Legal Options At Our Firm | Se Habla Español

It is crucial that you seek legal guidance no matter the complexity of your charge. We can answer your questions and provide the strong, effective defense you need to minimize the penalties you face. In New Jersey or New York, call a lawyer from Sutnick & Sutnick Attorneys at Law at 201-212-4532 (Hackensack). You can also email us, and we will respond promptly.