Irrespective of whether you were caught smoking at your summer rental or it was found in your car, possession of marijuana can have serious ramifications in Belmar. It may be the view of many that weed is no more serious than alcohol and should be legal, but this is far from the thinking endorsed in Belmar Municipal Court. It is clearly in error to think that the prosecutor, Stephen Schuler, or the Judge, Dennis Lavendar, will deviate from imposing the penalties that apply under N.J.S.A. 2C:35-10. In fact, NJ law prohibits plea bargaining of drug cases, even those involving marijuana, so avoiding a mandatory license suspension and other penalties requires sound representation. Our criminal firm has over 100 years of collective experience, several former prosecutors from this county, and we have been appear in Belmar since the early 90s. When you walk into this court with a member of our office, you have the confidence of knowing we are accomplished, skilled and respected. This often translates into dismissals and downgrades of marijuana cases.
Possession of Less Than 50 Grams Of Marijuana
If you were charged with possessing marijuana in Belmar, your case will be heard in Belmar Municipal Court if the quantity involved is 50 grams or less. Where the weight is more than this amount, charges must go to the Monmouth County Superior Court because then the offense is a fourth degree crime. Both grades of marijuana possession fall under N.J.S.A. 2C:35-10, which provides in relevant part that:
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
If an individual is convicted of marijuana possession or being under the influence of marijuana, they are subject to a mandatory driver’s license suspension of 6-24 months. This suspension also applies to drug paraphernalia charges under N.J.S.A. 2C:36-2. In addition to this ramification, those convicted for possession will have a criminal record and be exposed to fines, probation, drug testing, community service and/or up to 6 months in jail.
Belmar NJ Possession of Marijuana Attorneys
The decision confronting you right now is very basic — who is the best attorney to represent me in Belmar. All of the other consideration that often pop up in individual’s heads are really academic right now. Once you find the right lawyers to defend you, they will answer your questions and address all of your concerns. We hope that you turn to our firm, the Law Offices of Jonathan F. Marshall, for guidance as we know the law and this court extremely well. Indeed, our attorneys have been fighting for those accused of possessing marijuana in Belmar for well over 20 years. A member of our staff is available 24/7 to assist you. The consultation is free.