At this point in time, recreational marijuana use is legal in New Jersey. The public voted on the ballot to legalize recreational use, and on February 22nd of this year, Governor Phil Murphy signed it into state law. However, this does not mean that all marijuana uses, and possession is legal. In fact, some people have even been arrested for marijuana drug offenses over the past few months. Just because recreational use is now legal in our state, it doesn’t prevent you from facing a drug charge.
So, what is legal?
For marijuana possession, you are allowed to have up to 6 ounces or less. If you exceed that amount, you can be charged with the intent to distribute which can have you looking at a $25,000 fine and 1.5 years of incarceration. Regarding distribution of marijuana, for your first offense of less than 1 ounce, there will be no penalty. However, if this is not your first offense, you could be looking at 18 months of incarceration and a $25,000 fine. Cultivating and growing marijuana plants in the state of New Jersey is still illegal and can carry fines and years in jail. Even the sale of weed paraphernalia is still illegal and can have you looking at a $10,000 fine and up to 18 months in prison. And if any drug crime is done within 1000 feet of a school or school bus, even if it is legal, can have you looking at fines and prison time.
What this all leads up to, is that there are still some gray areas in the new law which could still have you facing a drug criminal charge. Having knowledge of the law helps but having a drug offense lawyer on your side will also benefit you if you are facing a drug charge.
What if I have a marijuana conviction on my record?
The state of New Jersey is slowly starting to dismiss marijuana cases due to this new law. However, most of these vacated or dismissed cases still need to be expunged from the person’s record. The state is currently working on an automatic expungement system for people to use, but this has been notoriously cumbersome and confusing. While we hope that the system is getting the upgrade it so needs, it is probably in your best interest to get a marijuana law attorney on your side to help make sure your record is properly expunged.
The marijuana law in NJ is still very new and currently being updated for the business and sale of marijuana, as well as processing all the old drug crime charges that are in the state’s court system. If you or a loved one is looking to make sure their record is properly expunged, or if you received a marijuana drug charge recently, contact us at the Law Office of Jennifer Marshall to discuss your case and get your life back on track. Our drug charge lawyers will fight for your rights and get the results you need from the NJ courts. Call us today to begin work on your case!