Chat with us, powered by LiveChat

Possession of Marijuana with Intent to Distribute – N.J.S.A. 2C:35-5

Practice Areas
Menu

Possession of Marijuana with Intent to Distribute in Bergen County, NJ

Arrested for Marijuana Distribution? Need Lawyer? Call Us Now

Marijuana Distribution Lawyer Bergen County NJNew Jersey law enforcement officials have implemented a major crack down on marijuana distribution offenses across the state and a conviction for marijuana distribution or possession of marijuana with intent to distribute in New Jersey can spell serious consequences. The degree of these charges is contingent upon the amount, namely, the measured weight of the substance associated with the alleged offense. However, marijuana distribution charges of any degree are indictable felonies under State law, all of which entail prison time, fines, probation, and the suspension of your driving privileges.

If you or a loved one has been charged with a drug-related offense in New Jersey, the attorneys at the Bergen County Tormey Law Firm can help. We are a team of extremely experienced criminal defense and drunk driving (DWI) attorneys who have represented countless clients charged with drug-related offenses, including possession of marijuana, cocaine possession, and prescription drug offenses. With centrally-located offices in Hackensack, New Jersey, we appear in Bergen County courtrooms on a daily basis, including courts in Ridgewood, Bergenfield, and Cliffside Park, as we dedicate all of our energies to achieving the best possible outcomes for our clients. For a consultation with one of our attorneys free of charge, contact the Hackensack offices of The Tormey Law Firm at (201)-330-4979.

Possession of Marijuana with Intent to Distribute: N.J.S.A. 2C:35-5

Possession of marijuana with intent to distribute is governed by N.J.S.A. 2C:35-5, which provides, in pertinent part:

§ 2C:35-5. Manufacturing, distributing or dispensing

a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:

  1. To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
  2. To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;

(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;

(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.

Penalties for Distribution of Marijuana in New Jersey 

If you are charged with possession of marijuana with intent to distribute, the State must not only prove possession of marijuana, but also possession of marijuana with intent to distribute. The forms of evidence typically include a large amount of weight (in marijuana), baggies, scales, cash, and actual sales using undercover operations. The penalties associated with these offenses include the following:

  • Possession with intent to distribute 25 pounds or more of marijuana is considered a first degree crime. Potential penalties include up to 20 years in state prison and fines of up to $300,000.
  • Possession with intent to distribute between five pounds and 25 pounds of marijuana is considered a second degree offense. Potential penalties include up to 10 years in state prison and fines upwards of $150,000.
  • Possession with intent to distribute between one ounce and five pounds of marijuana is considered a third degree offense. Potential penalties include up to five years in state prison and fines upwards of $25,000.
  • Possession with intent to distribute up to one ounce of marijuana is considered a fourth degree offense. Potential penalties include up to 18 months in jail and fines of up to $10,000.

In addition to the above penalties, a suspension of your driver’s license is required if you are convicted of marijuana distribution. Further, if the distribution was committed in a school zone or near a public park, you may be subject to mandatory prison time and parole ineligibility under New Jersey’s Brimage Guidelines.

Call the Bergen County Attorneys at The Tormey Law Firm Today 

With marijuana distribution offenses, it is critical to know all of your available options. For instance, you may be eligible for the Pre-Trial Intervention (PTI) program, the conditional discharge program, or Drug Court. To learn more, call the experienced criminal defense lawyers at the Tormey Law Firm anytime at (201)-330-4979. You can also fill out our online contact form to schedule a free consultation about your case.

Hear From Those Who Know

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

Your Free Case Evaluation
* All Fields Required

NJ Criminal Law Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.