NJ Marijuana Possession Lawyer

Marijuana Charges Defense Attorney With Offices in Passaic County and Morris Conuty, New Jersey

Alissa D. Hascup is a skilled criminal defense attorney with experience representing clients who have been charged with all types of criminal offenses – ranging from drug offenses to carjacking and burglary to weapons offenses – throughout New Jersey, including Paterson, Newark, Morristown, Hackensack, Elizabeth, and Sparta.

Ms. Hascup has successfully defended thousands of cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former Assistant County Prosecutor, Special Deputy Attorney General, and Municipal Prosecutor, who handled a variety of serious drug-related cases during the course of her distinguished career. She knows what it takes for the State to prove a drug case beyond a reasonable doubt – and will use that knowledge to defend the charges filed against you.

Being charged with a drug offense, such as possession of marijuana, can have serious consequences, including hefty fines and in some instances, exposure to jail time. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable. Ms. Hascup is prepared to attack the state’s case and put you in a position to achieve the best possible result.

Contact Alissa D. Hascup for an initial consultation, which is always provided free of charge.

AFTER FEBRUARY 22, 2021 – Personal Use of Cannabis Items in New Jersey:  N.J.S.A. 2C:35-10a

N.J.S.A. 2C:35-10a sets forth:

The following acts are NOT UNLAWFUL and shall not be an offense or a basis for seizure or forfeiture of assets or other applicable law for persons 21 years of age or older, provided that when an act involves a cannabis item, it was first obtained directly from a licensed cannabis retailer or delivered by a licensed cannabis retailer for off-premises delivery:

a. Possessing, displaying, purchasing, or transporting:  cannabis paraphernalia; one ounce (28.35 grams) or less of usable cannabis; the equivalent of one ounce (28.35 grams) or less of usable cannabis as a cannabis product in solid, liquid, or concentrate form; or 5 grams (0.176 ounce) or less of cannabis resin.

b. Transferring without remuneration:  one ounce (28.35 grams) or less of usable cannabis; the equivalent of one ounce (28.35 grams) or less of usable cannabis as a cannabis product in solid, liquid, or concentrate form; or 5 grams (0.176 ounce) or less of cannabis resin to a person who is of legal age for purchasing cannabis items, provided that such transfer is for non-promotional, non-business purposes.

c. Taking delivery of or consuming a lawfully possessed cannabis item, provided that nothing in this section shall permit a person to smoke, vape, or aerosolize any cannabis item in a public place.  This prohibition includes the smoking, vaping, or aerosolizing of a cannabis item in any public place that prohibits smoking of tobacco.

d. Assisting another person to engage in any of the acts described above, provided that the person being assisted is of legal age to purchase cannabis items and the assistance being provided is without remuneration.

* Possessing, displaying, purchasing, or transporting at any one time any amount of any cannabis item described above in an amount greater than as permitted remains a violation of NJ’s drug laws and will subject the person to prosecution. *

PRIOR TO FEBRUARY 22, 2021 – Possession of Marijuana in New Jersey: N.J.S.A. 2C:35-10(a)(3) & 2C:35-10(a)(4)

N.J.S.A. 2C:35-10(a)(3) & 2C:35-10(a)(4) set forth:

In the State of New Jersey it is unlawful for any person, knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance. Any person who violates this section of the criminal code with respect to:

(a)(3). Possession of more than 50 grams or more of marijuana than five grams of hashish is guilty of a crime of the Fourth Degree. NOTE: a fine of up to $25,000 may be imposed for a conviction under this subsection

(a)(4). Possession of 50 grams or less of marijuana or five grams or less of hashish is a disorderly person.

Sentencing Exposure

A crime of the Fourth Degree is punishably by a period of incarceration of up to 18 months in New Jersey State Prison. There are also mandatory financial penalties associated with a Fourth Degree drug conviction, including a $750 Drug Enforcement Demand Reduction (DEDR) penalty and a $50 laboratory fee.

A disorderly persons offense is not considered an indictable crime in the State of New Jersey, but is still punishable by a period of up to 6 months in the county jail and will result in a conviction on your criminal record if you are ultimately found guilty. There are also mandatory financial penalties associated with a disorderly persons drug conviction, including a $500 DEDR penalty and a $50 laboratory fee.

Diversionary Programs for Marijuana Charges in New Jersey

Pre-Trial Intervention (PTI) Program

In the State of New Jersey, first time offenders charged with indictable (felony) offenses in Superior Court, are eligible to apply for entry into PTI. Successful completion of PTI results in a dismissal of the charges against you. You are, however, still required to pay certain fines, including the applicable DEDR penalty and laboratory fee.

Conditional Discharge (CD) Program

In the State of New Jersey, first time offenders charged with disorderly persons (misdemeanor) offenses in Municipal Court, are eligible to apply for a CD. Similar to PTI, successful completion of CD results in a dismissal of the charges against you. Also similar to PTI, you are still required to pay certain fines, including the applicable DEDR penalty and laboratory fee.

Contact a NJ Marijuana Possession Defense Lawyer Today

If you are facing charges for Possession of Marijuana, there can be serious consequences associated with a conviction, including hefty fines and, at worst, exposure to jail time. Don’t delay in hiring legal representation. Protect your freedom and your rights.

Alissa D. Hascup is available anytime to discuss your case. Contact her for a free consultation.