Police in Brick Township, New Jersey, recently seized about seven pounds of marijuana and other contraband, according to the media. Initially, the officers accompanied DCPP, allegedly to check on children in a residence, according to nj dot com. Next, while inside the residence, the cops entered a room and allegedly found a duffle bag with marijuana, according to the press. Consequently, among other allegations, police charged a suspect with marijuana possession with intent to distribute, according to app dot com. News reports do not indicate the police had a warrant.
Marijuana Possession with Intent to Distribute, under N.J.S.A. 2C:35-5
any person who knowingly or purposely:
The degree of crime and penalties for marijuana possession with intent to distribute, based on N.J.S.A. 2C:35-5, depend on the amount of vegetation, including any adulterants or dilutants.
First Degree Crime
- Marijuana, 25 lbs. or more,
- Marijuana Plants, 50 or more, or
- Hashish, 5 lbs. or more
- State Prison: Between ten years and twenty years
- Fines: Up To $300,000.00
- DEDR Penalty*: $3,000.00
Second Degree Crime
- Marijuana, 5 lbs. or more but less than 25 lbs.,
- Marijuana Plants, 10 or more but fewer than 50, or
- Hashish, 1 lb. or more but less than 5 lbs.
- State Prison: Between five years and ten years
- Fines: Up to $150,000.00
- DEDR Penalty*: $2,000.00
Third Degree Crime
- Marijuana, 1 oz. or more but less than 5 lbs.,
- Hashish, 5 grams or more but less than 1 lb.
- State Prison: Between three years and five years
- Fines: Up To $25,000.00
- DEDR Penalty*: $1,000.00
Fourth Degree Crime
- Marijuana, less than 1 oz.,
- Hashish, less than 5 grams
- State Prison: Up to eighteen months
- Fines: Up to $10,000.00
- DEDR Penalty*: $750.00
- Restraining Order
- Drug Court for qualified applicants
- Victims of Crime Compensation Assessment (VCCA): $50
- Law Enforcement Officer Training & Equipment Fund: $30
- Safe Neighborhood Services Fund Assessment: $75
- Drug Abuse Education Fund: $50
- Lab Fee: $50
- Driver’s License Suspension: Up to two years
- Court Costs
- DEDR stands for Drug Enforcement Demand Reduction
What is Marijuana?
New Jersey law defines “Marijuana” as
- all parts of the plant Genus Cannabis L., whether growing or not;
- the seeds thereof, and every
- compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds,
- except those containing resin extracted from the plant;
- but shall not include
- mature plant stalks, fiber produced from the stalks, oil, or cake made from the seeds of the plant,
- any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, or cake,
- or the sterilized seed of the plant which is incapable of germination.
New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding CDS Possession With Intent to Distribute. Call Now—(856) 812-0321.