Post Authored by Devon Jones
Quick Tips: Investigated for Possession of a Small Amount of Marijuana
Tip #1: What is considered a simple possession of Marijuana?
In New Jersey, simple possession of marijuana is defined by the amount of grams. 50 grams or less is considered a disorderly persons offense, which is minor in comparison to the indictable crime of possession of more than 50 grams of marijuana. According to the New Jersey Statute, possession of 50 grams of marijuana or less carries maximum penalties of up to 6 months in a correctional facility and $1,000 in fines, but as outlined in a previous blog post, first time offenders are eligible for a conditional discharge.
Tip #2: Does possession of less than 50 grams of marijuana help me avoid being arrested?
The answer is no. Even if an individual does not have marijuana, but is in possession of drug paraphernalia they can be charged with a disorderly persons offense.
Tip #3: What are common factors in which charges of possession of less than 50 grams of marijuana have resulted?
Below is the list of New Jersey’s examples of less than 50 grams of marijuana and drug paraphernalia:
• Joint or roach in an ashtray and/or in plain view anywhere in a motor vehicle
• Small plastic baggy containing remnants of marijuana
• Marijuana seeds
• Rolling papers, bongs, pipes, chillums, one-hitters, scales and jars.
Ultimately, the item does not need to be used to smoke marijuana to constitute paraphernalia, it can be used to transport marijuana as well.
Tip #4: What charges may I face if I have possession of drugs in a motor vehicle?
Hypothetically speaking, If a driver is pulled over and rightfully searched for drugs and found with a dime bag of marijuana and rolling papers, the driver will charged with possession of less than 50 grams of marijuana, drug paraphernalia and possession of drugs in a car which would be three separate charges.
Tip #5: What can I expect if I am found with more than 50 grams of marijuana?
If you are found with more than 50 grams of marijuana, it is noted that the charges increase and so do the penalties. According to the New Jersey Criminal Code, 50 grams of marijuana or more becomes a 4th degree crime, which is more serious than a disorderly persons offense. One should know that a 4th degree crime is indictable and must be brought to criminal court to be tried. If convicted, one may face up to 18 months in prison and up to $25,000 in fines.