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Two N.Y. men charged with distribution of marijuana after traffic stop on Palisades Interstate Parkway

Weed Lawyer New JerseyTwo New York men were stopped for a routine traffic violation on the Palisades Interstate Parkway when police smelled a strong odor of marijuana. A search of the passenger led to a small amount of marijuana and a digital scale. After the passenger’s arrest, the driver consented to a search of the vehicle where police found a large bag of marijuana, baby food jars containing other smaller amounts of weed, and another large bag of marijuana inside a backpack. Both defendants were arrested and charged with possession of marijuana with intent to distribute and possession of drug paraphernalia.

For additional information, please see the NJ.com article.

Possession of marijuana with intent to distribute is governed by N.J.S. 2C:35-5 which provides in pertinent part:

§ 2C:35-5. Manufacturing, distributing or dispensing

a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;

(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;

(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.

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