Possession of Marijuana Charges in Rockaway NJ

Morris County Criminal Lawyers with offices in Morristown, New Jersey

Do you need an attorney for a marijuana charge in Rockaway? We can help.

The Morris County marijuana defense attorneys at the Tormey Law Firm recently achieved another success in defending a client charged with possession of a controlled dangerous substance in Rockaway Municipal Court. Our client was a passenger in a motor vehicle that was stopped by the New Jersey State Police on Route 80. During the traffic stop, the trooper determined that there was an odor of burnt marijuana emanating from the car. The trooper also conducted field sobriety tests on the driver and determined that he was operating a motor vehicle while under the influence of marijuana. Because of these circumstances, the trooper searched the car for contraband and discovered a small amount of marijuana in the passenger seat. As a result of the events, the driver was charged with driving under the influence pursuant to R.S. 39:4-50, being under the influence of marijuana under N.J.S.A. 2C:35-10(b), possession of a controlled dangerous substance in a motor vehicle according to R.S. 39:4-49.1, and possession of less than 50 grams of marijuana pursuant to N.J.S.A. 2C:35-10(a)(4). Our client, the passenger, was charged only with possession of under 50 grams of marijuana under N.J.S.A. 2C:35-10(a)(4). Fortunately, our defense team’s careful analysis of the facts and evidence, including the motor vehicle recording from the trooper’s patrol car enabled us to convince the prosecutor that the charges against our client should be dismissed.

Pursuant to N.J.S.A. 2C:35-10(a)(4), the possession of less than 50 grams of marijuana is a disorderly persons offense. Specifically, the criminal code sets forth that it is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by law and that any person who violates this section with respect to possession of 50 grams or less of marijuana, including any adulterants or dilutants is a disorderly person.

The penalties for a disorderly persons offense in New Jersey such as the possession of under 50 grams of marijuana include up to $1,000 in fines and six months in jail. Additionally, N.J.S.A. 2C:35-15 sets forth a Drug Enforcement and Demand Reduction (“DEDR”) penalty in the amount of $500. Moreover, N.J.S.A. 2C:35-16 sets forth that that the court shall also suspend the driver’s license for six months to two years for anyone convicted of the possession of less than 50 grams of marijuana. Cleary, the consequences for being convicted of possessing under 50 grams of marijuana in New Jersey are much more than a slap on the wrist.

Arrested with Marijuana, Need Lawyer Rockaway NJ

If you were arrested and charged with the possession of marijuana, your first call should be to Tormey Law Firm. We have handled countless marijuana and drug cases in Morris County Superior Court and municipal courts throughout Morris County and we are ready to defend you today.