Distribution of Large Quantities of Marijuana

When you are facing an allegation that you distributed or possessed with intent to distribute a large quantity of marijuana, the stakes are severe. At The Law Office of Tara Breslow, we represent individuals accused of serious drug distribution offenses in Monmouth, Ocean, Mercer, Middlesex and Warren counties and throughout New Jersey. These cases often involve extensive investigations, search warrants, and surveillance that can expose clients to years in prison and significant fines. Even first-time offenders can face life-altering penalties if the amount of marijuana allegedly involved exceeds statutory thresholds or if the offense occurred near a school or public housing complex. These penalties are governed primarily by N.J.S.A. 2C:35-5, which criminalizes manufacturing, distributing, or possessing with intent to distribute controlled dangerous substances, including marijuana.

It is crucial to understand how New Jersey law defines and classifies marijuana distribution offenses, including the distinctions between third, second, and first-degree charges depending on the weight of the substance. Sentencing exposures increase sharply as the quantity rises, and certain aggravating factors such as prior convictions, firearm possession, or involvement of minors can lead to enhanced penalties. 

An experienced Monmouth County marijuana defense lawyer will carefully examine every detail of the case, from the legality of the search and seizure to potential evidentiary flaws and constitutional violations. At The Law Office of Tara Breslow, we work to build a defense strategy tailored to your circumstances and to pursue the most favorable outcome possible under New Jersey law.

How New Jersey Law Grades Large Quantity Marijuana Distribution

New Jersey identifies marijuana as a controlled dangerous substance and grades distribution offenses according to the quantity involved. The amount of marijuana alleged determines whether the case is charged as a first-degree, second-degree, or lower graded offense. The thresholds that change the grade of the crime are specific and matter a great deal in practice. For example, distribution or possession with intent to distribute 25 pounds or more of marijuana or 50 or more marijuana plants is a first-degree crime under N.J.S.A. 2C:35-5(b)(10)(a). Distribution or possession with intent to distribute five pounds or more but less than 25 pounds of marijuana, or between 10 and 49 plants, is a second-degree crime under N.J.S.A. 2C:35-5(b)(10)(b). These quantity thresholds are set forth in the New Jersey statutes that govern drug distribution.

Because statutory grading controls both the potential prison exposure and maximum fines, a prosecutor’s decision to charge at the first-degree or second-degree level transforms the case. First-degree offenses in New Jersey carry a presumptive term in the 10 to 20 year range under N.J.S.A. 2C:43-6(a)(1) and allow for substantial fines authorized by N.J.S.A. 2C:35-5(b)(10)(a). Second-degree offenses carry a presumptive range that is lower but still significant, with custody exposure in the 5 to 10 year window under N.J.SA. 2C:43-6(a)(2) and fines set forth in N.J.S.A. 2C:35-5(b)(10)(b). The raw numbers that prosecutors use to decide a charging strategy are therefore the central focus of an early defense.

Sentencing Exposures And Fines For Large Quantity Marijuana Distribution

When a case proceeds to conviction, sentencing follows statutory grading, sentencing guidelines, and any applicable enhancements. A conviction for distribution of 25 pounds of marijuana or more is treated as a first-degree offense that can result in a lengthy term of imprisonment and exposure to fines up to $300,000 under N.J.S.A. 2C:35-5(b)(10)(a) and N.J.S.A. 2C:43-3(a)(1). A conviction for distribution of five pounds or more but less than 25 pounds is graded as a second-degree offense and carries significant custodial exposure and fines that can run up to six figures under N.J.S.A. 2C:35-5(b)(10)(b). The court will consult the sentencing guidelines and applicable New Jersey statutes when setting a term.

A few practical points about how New Jersey sentences drug distribution offenders in these cases are important to understand. The statutes sometimes create mandatory or exceptional fine amounts that operate apart from the custodial guidelines. Additionally, New Jersey’s sentencing regime allows a judge to consider a defendant’s criminal history, the role in the offense, and mitigating or aggravating factors when selecting a term within the statutory range under N.J.S.A. 2C:44-1. The state manual on sentencing and appellate decisions provide the framework judges use when selecting a specific sentence within the outer limits established by the statute.

Common Sentencing Enhancements That Raise Exposure

Beyond the base grading and statutory fines, prosecutors frequently seek sentencing enhancements that raise exposure or add mandatory periods to a sentence. Common enhancements that are pursued in large quantity marijuana distribution cases include:

1. Distribution near schools and on school property. Distribution on or within specified distances of school property can result in elevated penalties or separate charges that carry mandatory minimums or enhanced sentencing under N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1. Prosecutors often use location enhancements to leverage negotiations.
   
2. Use or possession of firearms during distribution. If law enforcement alleges that a firearm was present or used in connection with distribution, a weapons enhancement or separate weapons charge can be added under N.J.S.A. 2C:39-4.1, substantially increasing custody exposure.
   
3. Prior convictions and recidivist factors. A prior serious drug conviction or other qualifying criminal record can trigger higher ranges and wider discretionary sentencing options for the court under N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:44-3(a).
   
4. Organizing or supervising a drug operation. If the state alleges you were a manager, supervisor, or organizer of a larger trafficking network, that role can be cited to justify a harsher sentence under N.J.S.A. 2C:35-3 (leader of a narcotics trafficking network) or N.J.S.A. 2C:35-4 (operation of a CDS facility).
   
5. Interstate activity or sales across state lines. Transporting large quantities into or out of New Jersey may bring federal interest or additional state level aggravation.

The combination of a high quantity distribution charge and one or more of these enhancements can transform what might otherwise be a second-degree exposure into a strategy that seeks maximum sentences and large fines. A defense lawyer’s early work is to identify whether prosecutors actually have admissible evidence to support any suggested enhancement.

How Prosecutors Prove Quantity And Intent

The state must prove both the quantity and the intent to distribute. Quantity is usually established through seizure, laboratory analysis, and chain of custody documentation. Laboratory reports convert raw plant material into aggregate weight and identify whether the sample includes marijuana concentrates or other derivatives. The weight used for grading generally includes any adulterants or dilutants, so lab methodology and report accuracy matter. Intent to distribute can be inferred from context. Evidence commonly relied upon includes large quantities packaged for sale, scales, baggies, ledgers, text messages, surveillance showing repeated exchanges, and witness statements. However intent is not automatic simply because someone possesses a lot of marijuana. The state must bridge the gap between possession and intent with evidence that points beyond personal use.

From a defense perspective, there are many attack points. Was the lab testing correct? Were units added together inappropriately? Was the chain of custody broken? Did the seized package actually belong to the defendant? Was the government’s witness reliable or incentivized to testify? Each factual and procedural issue is a lever the defense can use to reduce charges or obtain an acquittal.

The Unique Procedural Realities In Marijuana Cases After Recent Statutory Changes

Marijuana law in New Jersey has evolved. The legal framework that criminalizes distribution remains in effect despite the state level changes that legalized certain personal use. In practical terms this means that possession of modest amounts for personal use may not be prosecuted, while larger quantities intended for sale remain a target for law enforcement. The statutory changes that decriminalized some conduct also changed thresholds for various possession offenses. At the same time, distribution thresholds set in the distribution statute remain the main measure for grading high quantity offenses. These changes require a nuanced legal approach that understands both the regulatory landscape and the criminal statutes still used to prosecute trafficking. 

What Happens At Arrest and What Immediate Steps You Should Take

If you are arrested for allegedly distributing large quantities of marijuana, the choices you make in the hours and days following your arrest can have a lasting impact on your case. It is essential to remain calm, assert your rights, and avoid saying anything that could be used against you later. Do not answer police questions without your attorney present, and politely but firmly invoke your right to counsel and your right to remain silent. Never consent to searches of your home, vehicle, or electronic devices, as doing so could waive important constitutional protections. Whenever possible, preserve any evidence that supports your defense, such as proof of ownership, alibi information, or communications that clarify your involvement. Above all, contact an experienced criminal defense lawyer who regularly handles high quantity drug cases as soon as possible. At The Law Office of Tara Breslow, we act quickly to secure lab reports, request discovery, and safeguard evidence before it can be lost or altered. Early, strategic intervention often makes the difference between facing maximum penalties and achieving a far more favorable outcome.

Plea Bargaining, Brimage Motions, And Cooperation

In New Jersey the intersection of plea practice and drug law creates strategic opportunities. Prosecutors frequently use the possibility of cooperation to extract testimony in exchange for reduced penalties. New Jersey has procedures, commonly referred to as Brimage motions, that govern cooperation based sentence reductions and disclosures. A well timed and properly framed negotiation can reduce or avoid long custodial sentences. Our office evaluates whether cooperation with the state makes sense, how reliable the government’s promises appear, and whether any cooperation obligation would be affordable and safe for the client.

Plea bargains remain common but they are not the only path. When the evidence is weak, a vigorous motion practice aimed at suppressing evidence or dismissing charges may produce a better outcome than taking an unfavorable plea under pressure.

Why Hiring A Local, Experienced Defense Lawyer Matters In Big Quantity Marijuana Cases

Large quantity distribution cases are complex for four main reasons. First, the science of weight and identity matters and requires forensic expertise. Second, chain of custody and laboratory procedure issues can be litigated through expert testimony. Third, the statutory grading and the availability of enhancements mean that small errors in proof translate into big differences in sentencing exposure. Fourth, the practical reality of co-defendants, plea offers, and witness cooperation requires tactical experience and negotiation skill.

At The Law Office of Tara Breslow we combine courtroom experience with investigative resources. We work with independent forensic labs, investigators, and mitigation specialists to build a file that challenges the state at every point. We analyze discovery line by line, file suppression and disclosure motions where appropriate, and prepare for trial when that is the best course.

How The Law Office of Tara Breslow Handles Large Quantity Marijuana Cases

At The Law Office of Tara Breslow, we approach large quantity marijuana cases with careful attention to detail and a fully personalized strategy. From the moment we are retained, we review every piece of charging paperwork and laboratory evidence to identify weaknesses in the prosecution’s proof. We file targeted discovery requests and suppression motions to challenge unlawful searches, seizures, or procedural errors. When necessary, we engage independent forensic experts to verify or dispute the state’s lab findings. Our team interviews law enforcement officers and civilian witnesses to uncover inconsistencies and alternative explanations. Throughout the process, we negotiate with prosecutors from a position of strength, informed by a deep understanding of statutory grading, sentencing ranges, and potential enhancements. When a client’s circumstances warrant, we advocate for diversion, treatment, or other forms of mitigation to reduce the impact of the case. If trial becomes necessary, we prepare thoroughly to present a persuasive defense. These cases are never routine. Each case requires precise factual reconstruction, legal skill, and strategic advocacy focused on exposing the state’s weaknesses and safeguarding our clients’ freedom, families, and futures.

Your Defense Starts With a Confidential Consultation

If you or a loved one are facing allegations of distribution of large quantities of marijuana, contact The Law Office of Tara Breslow for an immediate consultation. Time matters in preserving evidence, interviewing witnesses, and challenging the government’s case. We will review the facts, explain the charges, assess potential defenses, and outline a plan that protects your rights every step of the way.

Call our office to schedule a consultation. We represent clients in Monmouth, Ocean, Mercer, Middlesex, Warren and throughout New Jersey and are prepared to act quickly on your behalf.