In recent years, several states have legalized marijuana and started to develop a lucrative cannabis industry. A move by New Jersey’s Attorney General Gurbir Grewal last week to direct an adjournment of all marijuana cases in municipal courts until September, while the Attorney General’s office works to develop new guidance for prosecutors on these cases, has caused many to wonder if New Jersey will soon be following suit after nine other states have legalized the previously criminalized controlled substance.
However, it is important to remember that changes in enforcement policies and enforcement priorities are not changes in New Jersey marijuana law. In order for New Jersey laws on marijuana possession and the penalties for these charges to change, the New Jersey legislature must pass a new law.
So, the bottom line is: It is illegal to possess any amount of marijuana in New Jersey. You can still be arrested for possession of 50 grams or less of marijuana and charged with a disorderly persons offense, or charged with a fourth degree indictable offense if you have more than 50 grams of marijuana in your possession.
Well, that answer is currently unclear. Essentially, if your marijuana possession case is pending before a municipal court right now, it will be put on hold until September. This means that you will not be ordered to come to court to deal with your case before then. After the Attorney General’s office issues its pending guidance to prosecutors on these cases, your case will then be handled according to that new guidance. This could mean that prosecutors are encouraged to exercise broader discretion in dismissing low-level marijuana charges, but the guidance could also result in little change to how these cases are handled in most municipalities around New Jersey. However, recent statements made by local and state officials around New Jersey, including Governor Phil Murphy, suggest changing attitudes about criminal charges for marijuana possession, favoring a trend towards decriminalization.
Yes. No matter how little marijuana you have in your possession, you can still face jail time if convicted. The penalties for possessing 50 grams or less of marijuana include up to six months in jail with fines of up to $1,000. If you are convicted of possessing more than that, you could be sentenced to 18 months in jail with fines of up to $10,000. In addition to these penalties, marijuana possession charges entail a 6-month driver’s license suspension and a criminal record if convicted.
Currently, there has been no change in the law that would retroactively impact existing convictions for marijuana possession in New Jersey. However, if you have been convicted of a marijuana offense in New Jersey, you may be able to get your conviction expunged in accordance with the existing law.
To get a previous marijuana-related conviction expunged in New Jersey, you must wait 5 years until you can expunge the conviction record, however, if you completed conditional discharge, you can expunge the arrest and the charges 6 months after successful completion. There are additional restrictions including that you cannot expunge a disorderly persons offense (possession of 50 grams or less of marijuana) if you have more than three convictions on your record.
If you have been recently charged with marijuana possession or another drug offense in New Jersey, are interested in having a previous conviction or arrest record expunged, or are wondering how new policy changes on marijuana offenses in New Jersey might impact your rights or pending case, contact our firm today. Mr. Fay and his team serve clients in Winslow, Gloucester, Voorhees, Haddonfield, Bellmawr, Stratford, and throughout South Jersey. Call 609-832-3202 or contact us online for a free consultation.
In recent years, several states have legalized marijuana and started to develop a lucrative cannabis industry. A move by New Jersey’s Attorney General Gurbir Grewal last week to direct an adjournment of all marijuana cases in municipal courts until September, while the Attorney General’s office works to develop new guidance […]
"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."
"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."
"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"
"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."
"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."
"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "
"Great lawyer. Created a best possible outcome for my case."
"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."
Experienced Criminal Defense Attorney Explains What Happens when You’re Caught with CDS in Another Container in Camden County, New Jersey Most know that having cocaine, heroin, or other illegal drug in your possession is illegal. You could go to jail after a law enforcement officer arrests you for carrying street […]
Camden County Fentanyl Defense Lawyer Handling Charges for Possession and Distribution of Fentanyl throughout Southern New Jersey Fentanyl abuse is a national epidemic. The drug originated as a painkiller intended to be more powerful and shorter-lasting than morphine. Today, it is a popular painkiller for surgery, far more potent than […]
The intention to distribute or transport illegal drugs (controlled dangerous substances) on a grand scale, either nationwide or internationally, is drug trafficking. While possessing certain drugs in New Jersey is unlawful, possessing large quantities of illicit drugs may be evidence of an intent to sell illegal drugs. In other words, […]
If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202
We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español
