Camden County NJ Marijuana Distribution Lawyer
Drug Charges Defense Attorney in Collingswood, New Jersey
An arrest for possession of marijuana with intent to distribute can happen to anyone and can result from a number of different situations. You can even be charged with this crime if you were simply holding onto the drugs for a friend for a period of time. The consequences of being convicted of this crime can be devastating as you can receive a long prison sentence among other penalties that will impact future educational and employment opportunities. If you have been charged with marijuana possession with the intent to distribute, you you will need talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling a huge volume of drug related cases for years in Camden County including Haddonfield, Pennsauken, Winslow, and Cherry Hill. Also, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute drug charges for the State which means we know what kinds of arguments the prosecution might make. This knowledge and expertise can be extremely valuable in your case. If you have been charged with possession of marijuana, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Law Offices of Leonard Biddison at 877-450-8301 anytime for a free initial consultation.
Marijuana Distribution and Possession with Intent to Distribute: N.J.S.A. 2C:35-5
Marijuana possession with intent to distribute is explained under N.J.S.A. 2C:35-5 which provides:
a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), 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 (punishable by a term of incarceration between 10 and 20 years in New Jersey State Prison). 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 or dilutants, is guilty of a crime of the Second Degree (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison);
(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 (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison), except that 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 (punishable by a term of incarceration up to 18 months in New Jersey State Prison).
c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possessing with intent to distribute was committed within the applicable statute of limitations.
NOTE: Manufacturing, Distributing, or Dispensing Marijuana is included under the “Brimage Guidelines.” These do not allow the defense to argue for a downward departure during sentencing.
Degrees of Marijuana Possession with Intent to Distribute in New Jersey
First Degree: If the amount of marijuana in question is over 25 pounds. This can result in 10 to 20 years in NJ State Prison and fines of up to $300,000.
Second Degree: If the amount of marijuana in question was between 5 pounds and 25 pounds. This can result in 5-10 years in NJ State Prison and a $100,000 fine.
Third Degree: If the amount of marijuana in question is between 1 ounce and 5 pounds. This can result in 3 to 5 years in NJ State Prison and a $25,000 fine.
Fourth Degree: If the amount of marijuana in question less than 1 ounce. This can result in 18 months in NJ State Prison and a $10,000 fine.
Note: To be found guilty of possession with intent to distribute, the prosecution must show that you had possession of the marijuana AND the intent to distribute it. They can show this by using undercover officers to conduct sales or by finding evidence such as scales and baggies.
Contact a Cherry Hill NJ Marijuana Distribution Lawyer for a Free Consultation
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a marijuana possession with intent to distribute charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.
