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Marijuana Distribution

Marijuana Distribution Attorney in Monmouth County, New Jersey Defends Those Accused of Possession with Intent to Distribute

Under the Christie Dynasty, the distribution of marijuana by anyone other than one of five registered medical dispensaries is illegal in New Jersey. Governor Chris Christie is not one of those liberal governors who believes marijuana is a lesser evil than alcohol, and he does not see dollar signs rising in legal marijuana smoke - he sees trouble, harder drugs, gang activity, crime, broken lives, broken homes.

Recreational marijuana is still highly illegal in New Jersey, as Chris Christie considers marijuana a “gateway” drug, and so while the penalties for possession of marijuana can be harsh, the penalties for sale and distribution of marijuana are very serious business.

If you are being investigated or have been arrested for distribution of marijuana, you are in for a serious court battle in an unforgiving state that could lead to years to decades in prison, hundreds of thousands of dollars in fines and life-long resonations.

New Jersey really doesn’t want you distributing marijuana - so they make the penalties nasty and they make them stick.

Monmouth County marijuana distribution attorney Tara Breslow-Testa understands the current New Jersey marijuana laws - what is legal, and what isn’t - and she is ready to stand by your side if you are arrested for breaking the current marijuana laws.

New Jersey's municipal and state courts are flooded with drug cases, and the system is lenient until it isn’t. First time offenders can be diverted to Drug Court or Pre-Trial Intervention, but if the court determines you are intent on distributing marijuana, they will throw the book at you, with prison terms of years to decades and fines in the hundreds of thousands of dollars.

Tara Breslow-Testa has handled hundreds of drug cases in her career. She understands the history, logic, ebb and flow of New Jersey courts, and you want her in your corner when squaring off against ambitious prosecutors and hardened judges.

The marijuana laws in New Jersey are possibly about to change, but you don’t want to get caught in the transition.

Call Tara Breslow-Testa for a free consultation: (732) 784-2880

Marijuana is a Schedule I CDS

Although the medical benefits of marijuana have been proved and are legal - with restrictions - in New Jersey, marijuana is still a Schedule I Controlled Dangerous Substance (CDS) - which means it is frequently abused and has no acceptable medical value for treatment in the United States. Marijuana is there with acid, hashish, LSD, heroin, psilocybin mushrooms and MDMA.

Medical Marijuana

Medical marijuana has been legal - with many restrictions - since January 18, 2010, when New Jersey Governor Jon Corzine signed New Jersey’s Compassionate Use Medical Marijuana Act. Marijuana is legal for treatment of a variety of conditions and chronic pain. If a citizen has a valid prescription from a physician, and a medical marijuana card they can buy cannabis products from five “alternate treatment centers.”

Under S. 119, forging a marijuana registry identification card is a disorderly persons offense. Possession of more than two ounces of marijuana per month is also illegal.

Recreational Marijuana

Governor Chris Christie has grudgingly gone along with the medical marijuana laws, but he remains adamantly opposed to the legalization of recreational marijuana in New Jersey.

But that restriction may end when Christie leaves office in January of 2018.

In May of 2017, state senator Nicholas Scutari introduced legislation to legalize the use of recreational marijuana for adults over age 21. The law proposes a state sales tax that is projected to raise as much as $300 million for New Jersey at a final tax rate of 25%.

Governor Chris Christie opposes this law as "beyond stupidity" but there is a movement throughout New Jersey to legalize recreational marijuana, following examples in Colorado, Washington, Oregon and California.

Distribution or Possession with Intent to Distribute: Penalties

These first to fourth degree penalties for the distribution of marijuana are defined in New Jersey statutes 2C:35-5 to 2C:43-6.

  • It is a fourth degree crime for sale or distribution of less than one ounce with up to 18 months in prison and a $25,000 maximum fine.
  • It is a is a third degree crime for sale or distribution of one ounce to five pounds punishable by 3 to 5 years in prison and a $25,000 maximum fine.
  • It is a second degree crime for sale or distribution of five to 25 pounds punishable by 5 to 10 years in prison and a $150,000 maximum fine.
  • It is a first degree crime for sale or distribution of 25 pounds or more punishable by 10 to 20 years in prison and a $300,000 maximum fine.
  • It is a third degree crime to sell any amount of marijuana within 1,000 feet of a school property or school bus, requiring a sentence of 3 to 5 years in prison and a $150,000 maximum fine.
  • Selling marijuana to minors under the age of 18 or pregnant women is a felony which will result in a doubling of the prison term and fine.
Drug Court

Established in 1996 in Camden and Essex Superior Courts - and since extended to all of New Jersey - the mission of New Jersey’s Drug Court is to head off the abuse of drugs and alcohol and ease the related criminal activity that goes with drug abuse. Drug Courts operate within the Superior Court structure and utilize a specialized team of treatment professionals, court staff, probation officers, attorneys and substance abuse evaluators for cases that are nonviolent.

The goal of Drug Court is to keep abusers out of jail and off drugs, and it is possible that Monmouth County drug offense attorney Tara Breslow-Testa can work with Superior Court to have a case deflected into Drug Court - and turn possible jail time and fines into strict supervision.

Better Call Tara

The marijuana laws in New Jersey are strict, but are teetering on dramatic changes which would eliminate many penalties for the recreational possession of marijuana - and perhaps for the distribution.

For now, the penalties for distribution of marijuana are severe. Persons arrested for distribution of marijuana could be thrown in jail for many years - and miss out on all the fun if marijuana becomes legal after Chris Christie leaves office - which may or may not happen, but why risk it?

If you are being investigate for marijuana distribution or have been arrested, the first person you should talk to is Monmouth County marijuana distribution attorney Tara Breslow-Testa. Born, bred and educated (Rutgers) in New Jersey, Tara Breslow-Testa understand the calculus of defending drug cases. She understands aggressive prosecutors and busy judges. She has defended scores of drug cases and knows all the possible diversions and loopholes and ways to have charges reduced or dismissed.

Call Tara Breslow-Testa for a free consultation: (732) 784-2880