Morristown NJ Synthetic Marijuana Possession Lawyers
As younger generations look for different ways to get “high” or otherwise alter their state of mind, new types of drugs will continue to surface. While Synthetic Marijuana isn’t “new”, it is new relative to certain other drugs that are more commonly known by most citizens. Studies suggest that Synthetic Marijuana first appeared in 2004 and has only grown in popularity since. Depending on the circumstances and quantity involved, possession of Synthetic Marijuana may be a third degree crime and will carry up to five (5) years in a New Jersey Prison. If you or a loved one have been charged with Possession of Synthetic Marijuana in Morris County, then you can call (973)971-0030 and have an initial consultation with an attorney, free of charge, regarding your options.
Possession of Synthetic Marijuana in New Jersey: N.J.S. 2C:35-10.3a
On August 22, 2011, Governor Chris Christie signed SCS-28289, which criminalized the manufacture, distribution, sale, and possession of synthetic drugs commonly labeled as “bath salts” or “plant food” in New Jersey. The bill, now known as “Pamela’s Law,” which was ultimately codified in N.J.S.A. 2C:35-5.3a (manufacture, distribution, and sale) and 2C:35-10.3a (possession) was named in memory of Pamela Schmidt, a Rutgers student and Warren Township resident, who was believed to have been murdered by an individual under the influence of synthetic drugs.
The possession statute, N.J.S. 2C:35-10.3a, provides in pertinent part:
3. a. It is a crime for any person, knowingly or purposely, to obtain, or to possess, substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC).
b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the third degree.
c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the fourth degree.
Penalties for Synthetic Marijuana Possession in New Jersey
As the above statute details, possession of synthetic marijuana in New Jersey is a serious offense. Ironically, many of these products were sold over the counter at gas stations and convenience stores and were also available for purchase online. In fact, in some cases, possession of synthetic marijuana is more serious than possession of real marijuana. For example, possession of less than fifty (50) grams of real marijuana is a disorderly persons offense in New Jersey punishable by up to six (6) months in the county jail. On the other hand, possession of less than fifty (50) grams of synthetic marijuana, according to the above statute, is a 4th degree indictable offense which is punishable by up to eighteen (18) months in New Jersey state prison.
If you or a loved one has been charged with possession or distribution of synthetic marijuana in New Jersey, contact our Morristown or Parsippany office locations for a free initial consultation at (973)971-0030.