N.J.S.A. 2C:35-10a4 – Possession of less than 50 grams of Marijuana

Have you been charged with possession of less than 50 grams of marijuana in New Jersey?

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The most frequently charged marijuana offense in New Jersey is by far, simple possession or possession of less than 50 grams. Although the least serious of marijuana possession offenses a conviction can still result in a loss of your driver’s license, hefty fine, criminal record and even in some circumstances, jail time. N.J.S.A. 2C:10a(4) is a disorderly persons offense or a non-indictable offense. The case will be handled in the local municipal court of where the arrest occurred. Although this is a disorderly persons offense the name “simple possession” often misguides people into thinking it isn’t serious. However, it is still an offense that requires the assistance of a criminal defense attorney to achieve the best possible outcome.

The attorneys at LS&P Lawyers have handled countless N.J.S.A. 2C:10a(4) cases and have had great success in receiving favorable outcomes for our clients. Don’t be fooled by its innocuous name. A conviction for simple possession or less than 50 grams of marijuana can have long-lasting consequences on your life. Once convicted, it will become a part of your criminal record. Potential employers, educational institutions and other third parties will have access to this information.

If an individual is in a school zone the penalties become much more severe. The population, geography and the way in which the school zones are drawn in New Jersey makes it a common occurrence that an individual is charged with both possession and possession in a school zone. The penalties also become much more severe if the individual had the intent to sell or distribute the marijuana.

If you or a loved one is facing this or other marijuana charges, meet with us immediately. We have nearly four decades of experience, knowledge and skill available to you. Call us anytime, 7 days a week, day or night!

For your convenience we have included the relevant section of N.J.S.A. 2C:35-10a4 below.

a. 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 P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.