Monmouth County Marijuana Lawyer

According to statistics and data collected by the FBI’s Uniform Crime Report, New Jersey is third in the nation for marijuana arrests, and marijuana-related charges are some of the most common charges filed in Monmouth County. While New Jersey state law permits the use of medical marijuana, it is still considered a criminal offense to “knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance” such as marijuana

If you are charged with a marijuana-related offense, you may want to contact an experienced Monmouth County marijuana lawyer today to discuss your case. While the general consensus on marijuana is changing, being charged and convicted with a marijuana offense can still carry serious implications such as fines, prison sentences, and other collateral consequences, so professional assistance and advice from a local, experienced drug attorney would not go amiss.

Types of Marijuana Charges

As a Monmouth County marijuana lawyer could explain, New Jersey Statutes §2C:35-10(a) provides the general framework for marijuana-related offenses while also covering other substances such as cocaine, PCP, and methamphetamines. Marijuana charges in Monmouth County vary depending on the amount of marijuana found, the location a person is arrested in, and other related circumstances.

If a person is found in Monmouth County with less than 50 grams of marijuana, they can be charged with simple possession, which is considered a disorderly persons offense. However, if they are found with over 50 grams of marijuana, they can be charged with a more serious offense.

The location where a person is apprehended can also impact the type of marijuana charge. For example, if a person is found to be in possession of marijuana within 1,000 feet of a school property, they may face additional penalties. The police and district attorneys may also consider other circumstances such as the presence of any other drugs in the vicinity or whether marijuana was found in a vehicle the alleged possessor was driving.

Medical Marijuana Exceptions

Since 2010, New Jersey has recognized that marijuana has some medicinal benefits, joining a growing list of other states that have either legalized medical marijuana or which have decriminalized marijuana altogether. Currently, the following conditions qualify as grounds to seek a legal medicinal marijuana prescription in Monmouth County:   

  • Amyotrophic lateral sclerosis (Lou Gehrig's disease)     
  • Multiple sclerosis      
  • Terminal cancer      
  • Muscular dystrophy   
  • Inflammatory bowel disease, including Crohn's disease      
  • Any terminal illness with a prognosis of less than 12 months      
  • Seizure disorders—including epilepsy, intractable skeletal muscular spasticity, post-traumatic stress disorder and glaucoma—if traditional medicine has failed      
  • Severe or chronic pain, severe nausea or vomiting, and wasting syndrome caused by HIV/AIDS or cancer
Expanding the List of Qualifying Conditions for Medical Marijuana

Recently, New Jersey Governor Phil Murphy signed an executive order expanding the list of qualifying conditions for medical marijuana to include chronic pain related to musculoskeletal disorders, migraines, anxiety, chronic pain of visceral origin, and Tourette’s syndrome.

However, it should be noted that the recreational possession, use, and/or distribution of marijuana is still prohibited in Monmouth County and throughout the State of New Jersey, as is the use of cannabis to treat any of the aforementioned conditions without a prescription from a medical professional.

Contacting a Monmouth County Marijuana Attorney

Do not hesitate to contact a Monmouth County marijuana lawyer after an arrest or a charge for a marijuana related-offense. Marijuana charges can be very serious, but a qualified attorney could evaluate your case and help craft the best possible defense.

In addition, your lawyer could negotiate with prosecutors to explore diversionary programs, which could keep you out of jail and keep you from facing thousands of dollars in fines. For more information or to get started on your legal defense, call today to schedule a consultation.