Warren cops charged a West Virginia couple with Possession of Marijuana with Intent to Distribute after finding 11 pounds of alleged marijuana, per nj dot com. Initially the cops pulled over the car at 3:30 a.m. for erratic driving. By the way, driving at 3:30 a.m. is not against the law. But cops will illegally stop cars on a mere hunch of driving while intoxicated. While speaking with the pair, the cop claims he smelled an odor of burnt and raw marijuana inside the car. And after searching the vehicle, the cops seized 10 plastic bags from the trunk weighing approximately 11 pounds with alleged marijuana. Therefore, the cops charged them with second-degree possession of marijuana with intent to distribute in a quantity of five pounds or more.

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

New Jersey law prohibits controlled dangerous substance (CDS) possession with intent to distribute. It is defined as

any person who knowingly or purposely:

1. manufactures, distributes, or dispenses, or possesses or has under his control with intent to manufacture, distribute or dispense, CDS or CDS analog, or
2. creates, distributes, or possesses or has under his control with intent to distribute counterfeit CDS.

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

• Quantity:
  • 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

• Quantity:
  • 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

• Quantity:
  • 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

• Quantity:
  • 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

Additional Penalties

• 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

South 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.

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