Mendham NJ Possession of Marijuana Charges Attorney

Morris County NJ Criminal Lawyers with offices in Morristown, New Jersey

The marijuana defense lawyers at the Tormey Law Firm in Morris County recently prevailed in getting marijuana possession charges dismissed in Mendham Township Municipal Court. Our client was pulled over by the Mendham Township Police for speeding. During the traffic stop, the police officer smelled the odor of marijuana and then conducted a search of the car. The officer located a small amount of marijuana in the motor vehicle and charged our client with possession of less than 50 grams of marijuana pursuant to N.J.S.A. 2C:35-10(a)(4) and possession of a controlled dangerous substance in a motor vehicle according to R.S. 39:4-49.1. During the representation of our client, we aggressively pursued the laboratory analysis reports that would have been required for the prosecution to prove beyond a reasonable doubt that the suspected substance in our client’s car was in fact marijuana. After many months of repeated court appearances, the Court granted our request to dismiss the case due to the State’s failure to provide the laboratory reports in a timely manner and our client walked out of court without a criminal record.

The possession of less than 50 grams of marijuana is a disorderly persons offense in New Jersey, pursuant to N.J.S.A. 2C:35-10(a)(4). But there is a separate motor vehicle law that sets forth separate penalties for a driver who possesses marijuana in their car. Specifically, R.S. 39:4-49.1 states that no person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the New Jersey Controlled Dangerous Substances Act or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

Any person who is found guilty of possessing drugs in a motor vehicle shall be fined not less than $50.00 and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction. Thus, setting aside the criminal aspects of marijuana possession, the traffic code sets forth a mandatory two-year loss of driver’s license for anyone convicted of R.S. 39:4-49.1. The bottom line is that drug charges in New Jersey are not taken lightly by the criminal justice system and when it comes to possessing a controlled dangerous substance in a motor vehicle, there is no exception to the two-year license suspension. If you are facing drug charges in Morris County and you are also issued a traffic ticket for possessing drugs in a motor vehicle, contact the criminal defense team at the Tormey Law Firm at 201-556-1570. Our seasoned drug defense lawyers have the experience and skills needed to defend you and will fight relentlessly on your behalf.