Marijuana Distribution Charges

Marijuana Distribution Attorneys in Trenton NJ

Marijuana Distribution Attorneys in Trenton NJAlthough more and more states are legalizing marijuana, New Jersey is not one of them. In fact, law enforcement as a whole, especially the Mercer County Prosecutor’s Office Detectives are still aggressively searching for and prosecuting any and all individuals who are selling marijuana. If you have been charged with distributing marijuana, possessing marijuana with intent to distribute or manufacturing marijuana in Mercer County it is crucial that you speak to an experienced drug distribution defense attorney about your options. Based on the new bail guidelines, which came into effect in January of 2017, a Defendant charged with distributing marijuana may be held in the Mercer County Jail for up to 48 hours pending a detention hearing. In addition, if a detention hearing is requested and if the prosecution is successful, a Defendant may be held in the Mercer County Jail without bail pending trial. The new bail guidelines have in essence eliminated monetary bails and have been retooled towards focusing on not only the crime alleged but the Defendant possess a significant danger to the community at large. So, now more than ever it is important to get an experienced Mercer County drug distribution defense attorney involved sooner than later.  

The Law Offices of Proetta & Oliver defend clients accused of distributing marijuana, possessing cocaine with the intent to distribute, aggravated assault, terroristic threats, possessing heroin and eluding in Mercer County. We appear in courts throughout the county including the Mercer County Superior Courthouse, the Hamilton Municipal Court, the Princeton Municipal Court, the East Windsor Municipal Court and the Ewing Municipal Court. If you would like to come into our office to speak to Mr. Oliver who heads up our Mercer County office then please contact us at (609)789-0779. Our attorneys have a tremendous amount of experience representing clients accused of drug offenses. Mr. Oliver is well known for zealously advocating on behalf of his clients.

Marijuana Distribution Lawyers in Mercer County NJ

Manufacturing, Distributing or Dispensing Marijuana: 2C:35-5

The governing statute in New Jersey for distributing marijuana is N.J.S.A. 2C:35-5. The statute covers really three separate offenses, the distributing of marijuana, the possessing marijuana with the intent to distribute and manufacturing marijuana. Although they are three separate offense and encompass three separate acts, the penalties one face are all the same. For more information on the penalties for distributing marijuana, please see below.

Distributing Marijuana Charges in NJ

What if No Money Changed Hands?  Can I still be Convicted of Distributing?

In order to be convicted of marijuana distribution, the Mercer County Prosecutor’s Office must prove that the Defendant knowingly distributed marijuana to another individual on the day in question. First and foremost, distributing does NOT require the exchange of money. It simply means delivery and delivery as the transfer of  marijuana from one person to another. It is more inclusive than just a sale like most people think.

Possessing Marijuana with the Intent to Distribute Charges in NJ

In order to be convicted of the possession of marijuana with the intent to distribute, the Mercer County Prosecutor’s Office would need to establish that a Defendant knowingly possessed a certain quantity of marijuana with the underlying intention of distributing the marijuana. Typically, most possession of a CDS with the intent to distribute cases are very circumstantial. They require the prosecution to connect a lot of dots and they do so by showing the circumstances surrounding the underlying possession. Those circumstances include but are not limited to the way in which the CDS was packaged, the time of day, the quantity and the location of the arrest.

Manufacturing Marijuana Charges in NJ

In order to be convicted of manufacturing marijuana, the Mercer County Prosecutor’s Office will need to show beyond a reasonable doubt that the Defendant knowingly manufactured marijuana. Manufacturing does not just include just the production of marijuana but it also includes the extraction from the “substances of natural origin” or production by “chemical synthesis” as well as packaging and labeling the marijuana. So, as you can see, manufacturing can be based on the Defendant simply packaging and labeling the marijuana for sale.

What are the Penalties for Distributing Marijuana in NJ?

Whether a Defendant is charged with distributing marijuana, possessing marijuana with the intent to distribute or manufacturing marijuana, the degree in which they are charged with will directly depend on the quantity of marijuana in question. Here is not only a breakdown of the different degrees but the penalties that one faces if they are convicted of that degree.

1st Degree Felony Marijuana Distribution / Manufacturing / Poss. w/ Intent

  • The Marijuana possessed was more than 25 lbs or more than 50 plants.
    • 10 – 20 Years in State Prison
      • Presumption of incarceration exists
    • A fine up to $300,000
    • Felony Criminal Record

2nd Degree Felony Marijuana Distribution / Manufacturing / Poss. w/ Intent

  • The of Marijuana possessed was more than 5 lbs but less than 25 lbs or more than 10 marijuana plants but less than 50 marijuana plants.
    • 5 – 10 Years in State Prison
      • Presumption of incarceration exists
    • A fine up $150,000
    • Felony Criminal Record

3rd Degree Felony Marijuana Distribution / Manufacturing / Poss. w/ Intent

  • The Marijuana possessed was more than 1 ounce but less than 5 lbs.
    • 3 – 5 Years in State Prison
      • Presumption of non-incarceration exists only if Defendant has a prior criminal record.
    • A fine up to  $35,000
    • Felony Criminal Record

4th Degree Felony Marijuana Distribution / Manufacturing / Poss. w/ Intent

  • The Marijuana possessed was less than 1 ounce
    • Up to 18 Months in State Prison
      • Presumption of non-incarceration exists only if Defendant has a prior criminal record.
    • A fine up $15,000
    • Felony Criminal Record  

Here is a recent article about a client of Proetta & Oliver’s that was facing marijuana distribution charges. Not only was the client able to avoid jail but he was also able to avoid a criminal record as well.  State v. M.C.

Marijuana Distribution Attorneys in Hamilton NJ

As you can see from above, distributing marijuana, possessing marijuana with the intent to distribute or manufacturing marijuana are extremely serious charges even regardless of the degree. If you have been charged with a drug offenses like possessing heroin, possessing cocaine, possessing cocaine with the intent to distribute, possession of marijuana or any other offense for that matter in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys are ready and willing to help assist in anyway possible. We serve all of Mercer County, including towns like Lawrence, Hamilton, Ewing, West Windsor, East Windsor, Trenton and Princeton. We can be reached at 609-789-0779 or you can email us.