Marijuana Trafficking Defense 

Aggressive and Informed Defense in the Era of Legalized Cannabis

Although New Jersey has legalized marijuana for adult recreational use, trafficking cannabis outside the state’s regulated system remains a serious criminal offense. If you have been accused of selling marijuana without a license, possessing large amounts with intent to distribute, or participating in an unregulated supply network, you may be facing prison time, steep fines, and a permanent criminal record.

At The Law Office of Tara Breslow, we represent individuals charged with marijuana trafficking in Monmouth, Mercer, Ocean, and Middlesex Counties. Led by seasoned criminal defense attorney Tara Breslow, a former public defender with more than 20 years of experience, we offer personalized and informed legal strategies that reflect both the current state of New Jersey law and the realities of local court systems.

The Legal Status of Marijuana Trafficking in New Jersey

In 2021, New Jersey enacted the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which legalized marijuana possession and use for adults 21 and older. CREAMMA also created a regulated marketplace for state-licensed cannabis businesses. However, marijuana activity outside this regulatory framework—such as unlicensed cultivation, transportation, or distribution—remains illegal under New Jersey’s criminal statutes.

While the law allows adults to possess up to six ounces of marijuana or 17 grams of hashish, any amount beyond that remains subject to prosecution. Similarly, selling marijuana without a license, growing plants at home, or transporting cannabis across state lines are all illegal acts that can result in serious criminal charges.

Statutory Overview of Marijuana Trafficking Charges

The primary statute governing marijuana trafficking in New Jersey is N.J.S.A. 2C:35-5, which criminalizes the manufacture, distribution, or possession of marijuana with intent to distribute. The severity of the offense depends largely on the quantity involved.

Possession with intent to distribute 25 pounds or more of marijuana, or more than 50 marijuana plants, is classified as a first-degree crime. This level of offense carries a sentence of 10 to 20 years in prison and a fine of up to $300,000. If the amount falls between five and 25 pounds, the charge becomes a second-degree crime, punishable by five to ten years in prison and fines up to $150,000. Possession with intent to distribute more than one ounce but less than five pounds is treated as a third-degree crime, carrying a potential sentence of three to five years and fines up to $25,000.

In cases where the prosecution alleges that the defendant was the organizer or leader of a structured distribution network, N.J.S.A. 2C:35-3 may apply. This is a first-degree crime with a sentencing range of 25 years to life in prison, requiring proof that the defendant held a supervisory role within a narcotics trafficking network.

Additionally, N.J.S.A. 2C:35-7 imposes enhanced penalties for drug distribution occurring within 1,000 feet of school property, including mandatory minimum sentences regardless of the type of drug involved. Under N.J.S.A. 2C:35-7.1, distribution within 500 feet of public housing, parks, or public buildings can also result in more severe penalties.

CREAMMA: What It Does and Doesn’t Legalize

CREAMMA represents a significant shift in New Jersey’s approach to marijuana. Adults 21 and older are now legally permitted to possess up to six ounces of marijuana or 17 grams of hashish and may purchase cannabis from licensed dispensaries. The law also provides pathways for expunging certain past marijuana-related convictions.

However, the law does not legalize everything. Possession of more than six ounces, unlicensed marijuana sales (including so-called “gifting” arrangements intended to circumvent the law), home cultivation, and distribution to minors remain illegal. Transporting marijuana across state lines also continues to violate state and federal law. These actions are still prosecuted under New Jersey’s Controlled Dangerous Substances statutes, particularly N.J.S.A. 2C:35-5.

How Legalization Affects Marijuana Trafficking Cases

Although CREAMMA has reduced penalties for low-level possession, law enforcement and prosecutors still pursue trafficking cases aggressively—especially those involving large quantities, transportation networks, or alleged commercial activity. However, legalization has opened the door to new defense strategies.

For example, the question of whether a person intended to distribute marijuana can now be more vigorously contested. In some cases, the actual weight of the substance—after deducting packaging or non-marijuana material—may fall below a higher charge threshold. Defendants may also be eligible for diversionary programs that were previously unavailable, even when the case involves distribution-level quantities.

Defending Against Marijuana Trafficking Charges

A strong defense to marijuana trafficking begins with a thorough review of the facts, the law, and the circumstances of the arrest. At our firm, we look at whether the search and seizure were lawful and whether police had probable cause to stop a vehicle, search a property, or make an arrest. If law enforcement overstepped constitutional boundaries, we move to have evidence suppressed.

Intent to distribute is a key element of any trafficking charge. The mere presence of a large quantity of marijuana does not prove intent to sell. We scrutinize the prosecution’s evidence—such as packaging materials, cash, or digital communications—to challenge assumptions about distribution.

In cases involving alleged leadership roles, we examine whether there is sufficient evidence to establish a structured organization or supervisory authority. Many first-degree “leader” charges fall apart when this structure cannot be proven. We also explore whether the arrest resulted from police misconduct or entrapment, particularly in undercover operations.

Sentencing Alternatives and Diversionary Options

Even when the evidence supports the charge, there may be alternatives to incarceration. New Jersey offers several programs that allow qualifying defendants to resolve their cases without prison time—and in some cases, without a conviction at all.

One option is Drug Court, a rigorous program that combines probation supervision with substance abuse treatment. Successful completion often results in a suspended or reduced sentence. Another alternative is Pre-Trial Intervention (PTI), which is typically available to first-time offenders. Participants who complete the program, which lasts between one and three years, have their charges dismissed without a conviction. For certain low-level marijuana offenses heard in municipal court, a Conditional Discharge may be available. This allows for a probationary period without a guilty plea, after which the charges are expunged.

Local Knowledge Makes the Difference

Every county in New Jersey enforces marijuana laws differently. Our firm has years of experience navigating the local court systems and prosecutor’s offices in the counties we serve.

In Monmouth County, which includes Red Bank and Freehold, marijuana trafficking is still aggressively prosecuted—especially in cases involving alleged large-scale distribution. Monmouth is also part of a federally designated High Intensity Drug Trafficking Area (HIDTA), which can heighten enforcement activity.

Mercer County, home to Trenton and surrounding communities, tends to strike a balance between public health goals and law enforcement. We have achieved favorable outcomes here by securing diversionary resolutions for clients who might otherwise have faced trial.

In Ocean County, authorities remain vigilant when it comes to marijuana transportation and trafficking, particularly along corridors such as Route 37 and the Garden State Parkway. Our familiarity with the Toms River courts and local drug task forces allows us to tailor strong defense strategies.

Middlesex County, which includes New Brunswick and Edison, often sees marijuana trafficking cases involving college students or cross-state transport. Prosecutors in this county frequently file enhancement charges related to school zones or public housing—but we know how to challenge those enhancements effectively.

Warren County, a largely rural area bordering Pennsylvania, takes a conservative approach to marijuana trafficking cases. Law enforcement agencies here often work closely with state troopers and regional task forces to monitor interstate routes such as I-80 and Route 46, which are common corridors for alleged drug transport. Our firm’s understanding of the Warren County Superior Court and the prosecutorial approach in Belvidere allows us to push back against overbroad charges and pursue resolution paths that might not be apparent to less experienced counsel.

Why Choose The Law Office of Tara Breslow

When you hire Tara Breslow, you work directly with an experienced attorney—not a junior associate or paralegal. Every case receives a tailored strategy based on the specific facts, applicable statutes, and jurisdiction. We keep clients fully informed at each step of the process and are committed to protecting their rights, reputations, and futures.

Accused of Marijuana Trafficking? We’re Here to Help

If you or someone you care about is facing marijuana trafficking charges in Monmouth, Mercer, Ocean, or Middlesex County, you need a defense lawyer who understands both the old drug laws and the new marijuana reforms. At The Law Office of Tara Breslow, we bring experience, insight, and dedication to every case. Contact us today for a confidential consultation.