Synthetic Marijuana Charges NJ 2C:35-10.3a- K2 Charges In NJ – Spice Charges In NJ – Arrested For K2 in NJ – Arrested for Spice in NJ
“In New Jersey, possession of synthetic marijuana can lead to harsh punishments, including jail time. Our aggressive drug crime defense lawyers can help you secure the best possible outcome.”
Synthetic marijuana typically refers to designer drugs that, strangely enough, are marketed as cocaine substitutes. It was not that long ago that a person could drive to a gas station and buy synthetic marijuana. Now, it’s a serious crime to even possess synthetic marijuana. A possession charge can be punished with the maximum penalties for a fourth degree crime, if the amount is less than one ounce. Possession of one ounce or more, as well as distribution charges for less than one ounce, can be charged as a third degree crime, and will bear the outlined penalties. The most serious charges for synthetic marijuana are for second degree crimes, which involve allegations of intended distribution of the substance in an amount of one ounce or more.
Statistically speaking, hiring an experienced drug defense attorney can make all the difference in drastically reducing your punishments and potentially getting the charges dismissed entirely.
The Tormey Law Firm is a team of aggressive criminal defense attorneys, including an active NJ prosecutor, dedicated to securing the best possible outcome for your case. We have extensive experience handling drug-related charges, and we’ve created an online video series on How To Beat Marijuana Charges that will apply just the same to your synthetic marijuana case. We highly recommend you watch these videos, or call us for a free consultation.
Synthetic Marijuana Possession in NJ
Possession of synthetic marijuana is prohibited by N.J.S.A. 2C:35-10.3a, which classifies possession of less than one ounce as a fourth degree crime, punishable by up to 18 months in jail, a fine of up to $10,000.00, and long-term suspension of driver’s license. Believe it or not, possession of synthetic marijuana can lead to higher penalties than possession of actual marijuana. Nothing will harsh your mellow worse than spending time in prison.
If caught possessing one ounce or more of synthetic marijuana, it’s a third degree crime that can lead to three (3) to five (5) years in prison. You are also facing a fine of up to $15,000 if convicted.
What are the Penalties for Possession of Synthetic Marijuana?
The penalties for possession with intent to distribute are even worse. Distribution of synthetic marijuana is classified as a third degree felony offense, as laid out in N.J.S.A. 2C:35-5.3a. The statute prohibits a person from distributing synthetic or designer drugs, which are commonly labeled as “bath salts.” A conviction for distribution of just one (1) ounce or more is a second degree crime, punishable by a term of incarceration of five (5) to ten (10) years in prison. Possessing less than one (1) ounce with intent to distribute is a third degree crime, which carries three (3) to five (5) years in prison.
If a defendant has no prior record and is charged with either third degree possession or fourth degree possession, he or she could be eligible for a diversionary program such as pre-trial intervention (PTI) or Drug Court. If you qualify, the charges could be dismissed completely after a one-year period of probation.
However, attempting to gain eligibility for a diversionary program is best left to a professional who is familiar with courtroom procedure and who knows how to negotiate with the prosecutor.
Call the Tormey Law Firm for a free consultation. Our aggressive drug crime defense lawyers know the strategies needed to help you beat your synthetic marijuana charge.
We know how to successfully fight your charge and help you avoid synthetic marijuana penalties. With experienced drug defense attorneys on staff, we possess the awareness that can lead to a win in the courtroom.
Give us a call so that we can begin looking over the details of your case and formulate a strategy that can reduce your penalties and keep you out of jail.
N.J.S.A. 2C:35-10.3 – Synthetic Marijuana Possession Statute
a. It is a crime for any person, knowingly or purposely, to obtain, or to possess, substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC).
b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the third degree.
c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the fourth degree.
N.J.S.A. 2C:35-5.3a – Synthetic Marijuana Distribution Statute
a. It is a crime for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute, or dispense substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC).
b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the second degree.
c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the third degree.