Possession Of Marijuana With Intent To Distribute

Morristown NJ Marijuana Distribution Lawyers

Depending on the circumstance of your arrest, police officers may find enough evidence to charge you for possession of marijuana with intent to distribute, rather than simple marijuana possession. An example of this could be where your have sandwich bags sitting next to a surplus of marijuana. Regardless of whether or not you intended to use those bags to distribute the marijuana, New Jersey case law has carved out presumptions for your intent based on the circumstances of the arrest. This is a scary thought for those individuals who never intended to act as a “weed dealer”. Whatever the underlying facts of your case may be, there is no reason for you to feel like you cannot defend yourself. A conviction for intent to distribute is a serious matter and has far-reaching affects. A strong criminal defense attorney on your side offers can go a long way to protecting your rights. The lawyers with the Law Offices of John Marshall are experienced in handling drug crimes in Morris County. Please contact our Morristown or Parsippany Office for a complimentary case evaluation today at  (973)971-0030.

Marijuana Distribution Charges: N.J.S. 2C:35-5

Possession of marijuana with intent to distribute is governed by N.J.S. 2C:35-5 which provides in pertinent part:

§ 2C:35-5. Manufacturing, distributing or dispensing

a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(10) (a)
Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;

(b)
Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

(11)
Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;

(12)
Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.

Possession of Marijuana with Intent to Distribute: Penalties

First, the State must not only prove possession of marijuana but also possession of marijuana with intent to distribute to satisfy the statute under N.J.S. 2C:35-5. The proofs typically include a large amount of weight (in marijuana), baggies, scales, cash, and actual sales using undercover operations. The penalties, according to the above statute include the following:

Possession with intent to distribute twenty-five (25) pounds or more of marijuana is considered a first-degree offense. Potential penalties include up to twenty years in jail and fines upwards of $300,000.00.

Possession with intent to distribute between five (5) pounds and twenty-five (25) pounds of marijuana is considered a second-degree offense. Potential penalties include up to ten years in jail and fines upwards of $150,000.00.

Possession with intent to distribute between one ounce and five pounds of marijuana is considered a third-degree offense. Potential penalties include up to five years in jail and fines upwards of $25,000.00.

Possession with intent to distribute up to one ounce of marijuana is considered a fourth-degree offense. Potential penalties include up to 18 months in jail and fines upwards of $10,000.00.

In addition to the above penalties, a suspension of your driver’s license is required. Further, if the distribution was committed in a school zone or near a public park, you may be subject to mandatory jail time and parole ineligibility.

For additional information, please contact our offices for a free initial consultation at (973)971-0030.