| New Jersey Marijuana Possession Crimes | | | | lose your drivers license and pay for your own |
| Marijuana possession is the number one criminal | | | | rehabilitation program. |
| offense that clogs New Jersey county and municipal | | | | First time marijuana possession offenders in New |
| courts. According to the New Jersey State Police, | | | | Jersey could benefit from any of the two diversion |
| there were almost 29,000 drug arrests in New Jersey | | | | programs, the Conditional Discharge authorized by |
| in only the first six months of 2007, twice more than | | | | N.J.S.A. 2C:36A-1 or the Pre-Trial Intervention Program |
| drunk driving arrests statewide, most of them for | | | | (PTI). Under the conditional discharge law, basically, |
| marijuana possession. Nationwide, marijuana use is on | | | | you have one chance to have your petty disorderly |
| the rise and so are arrests for marijuana possession. | | | | persons marijuana offense conditionally discharged if |
| According to the FBI report, in 2006 there were an | | | | you qualify. How do you qualify? Your attorney |
| estimated total of 1,889,810 state and local arrests | | | | should show that (1) your continued presence is not |
| for drug abuse violations in the United States of | | | | a danger to the community, which means convincing |
| which 39.1% were for marijuana possession. That | | | | the court that no lock up or rehab is needed, (2) that |
| makes it almost 737,000. | | | | the program's supervision will correct any drug |
| People smoke pot in all parts of the county, but it is | | | | problems you have, and (3) this is your first |
| how states treat marijuana possession that makes all | | | | application to the program or to Pretrial Intervention |
| the difference. Many states, including New York and | | | | ("PTI"). |
| California, don't view simple marijuana possession as | | | | If you qualify for the conditional discharge program, |
| the end of the world crime and most first-time | | | | the case will be suspended for a year and then, |
| offenders will get away with having the charges | | | | assuming you stay clean, it is dismissed. There will be |
| dismissed and paying a small fine. The penalty of | | | | no trial, no criminal record, and usually no suspension |
| first-time possessing of less than 25 grams of | | | | of your driver's license. After the case is dismissed, |
| marijuana in New York is $100. It 's $200 for the | | | | you may expunge the arrest records. |
| second time. Otherwise, half the state will end up in | | | | If you fail to satisfy the program conditions, the case |
| jail. | | | | will be restored on the court's calendar and then you |
| Not so in New Jersey. Under N.J.S.A. 2C:35-10, | | | | will need your lawyer's phone number again. After the |
| marijuana possession is prohibited and penalties | | | | year's probation period, you will not have a criminal |
| depend on either or all of the following: (1) type of | | | | record |
| possession (possession with intent to distribute or | | | | How the case will proceed largely depends on the |
| not), (2) quantity of the drug in possession, and (2) | | | | prosecutor. The prosecutor may agree to downgrade |
| whether it is the first, second, or third offense. | | | | your case as a disorderly persons offense and it |
| If you're caught with more than 50 grams of | | | | would proceed in Municipal Court and would be eligible |
| marijuana, including any adulterants or dilutants, or | | | | for Conditional Discharge. Otherwise, the case will go |
| more than five grams of hashish, you may be | | | | to the county court where you will be charged with |
| charged with a crime of the fourth degree, and you | | | | a Fourth Degree Offense but may qualify for PTI. |
| could get up to 18 months in jail and pay a fine of up | | | | Even with the existing first-timers diversion programs, |
| to $25,000.00. If you are charged with possession of | | | | traditional defense methods may be used such as |
| less than 50 grams of marijuana, including any | | | | evidence suppression under Search and Seizure laws. |
| adulterants or dilutants, or five grams or less of | | | | As simple as it may seem, a New Jersey marijuana |
| hashish, you will face a disorderly person's offense | | | | possession charge may be gone for good or it may |
| charge that in the worst case scenario may get you | | | | stick to you for a long time. The bottom line is, don't |
| up to 6 months in jail and a $1000 fine. You could also | | | | try it yourself. |