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Social Science 2013-01-15 2 min read

New Jersey Middle School Students Face Marijuana Possession Charges

Two middle school students were recently charged with marijuana possession in New Jersey.

January 15, 2013

Late last year, two middle school students in New Jersey were arrested on suspicion of marijuana possession. Reportedly, one student was observed giving the other a bag of marijuana while inside the school. The two boys were 12 and 13 years old at the time. When asked about the incident, the 12-year-old said he had given the marijuana to his friend as a birthday present.

The amount of marijuana in the bag has not been reported; however, the boys are now facing juvenile drug possession charges. The charges will be addressed in juvenile court.

While it may seem particularly critical for children of a young age to have good representation when facing drug charges, it is important for those of any age facing charges related to marijuana to establish a strong defense. In addition to obtaining a skilled criminal defense attorney, it is also wise to have a basic understanding of the laws relating to marijuana in New Jersey.

Understand your rights when facing marijuana charges in New Jersey

When someone is charged with marijuana possession in New Jersey, it is important to determine the exact amount of the substance within his or her possession, as the maximum penalties vary based on the amount in possession. If someone is in possession of 50 grams or less, he or she will face a maximum of six months in jail and a fine of $1,000 at most. If the person is convicted of possessing over 50 grams of marijuana, he or she will likely face felony charges, with a maximum jail sentence of 1.5 years and a fine of up to $25,000.

If the person facing charges was within 1,000 feet of a school when he or she was arrested, an additional fine and up to 100 hours of community service can be added to the sentence.

It is important to note that New Jersey has a legal medical marijuana program. Consequently, if a patient is registered by his or her physician and meets the criteria, he or she can legally possess a certain amount of marijuana. According to the New Jersey Department of Health, patients can obtain one-quarter ounce packets of medical marijuana and are typically allowed up to two ounces every month.

In New Jersey, it is considered a felony to distribute marijuana of any amount, barring legal sales through the medical marijuana program. The penalties for distributing marijuana vary substantially. Distribution of less than 1 ounce of marijuana leads to a maximum jail term of 1.5 years and fine of up to $25,000. Distribution on a much larger scale -- of 25 pounds or more -- leads to a prison sentence of 10 to 20 years and a fine of up to $300,000.

As the consequences for conviction of marijuana charges in New Jersey can affect you for a lifetime, consulting with an experienced New Jersey criminal defense attorney is a critical step to ensuring your rights are protected.

Article provided by Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff
Visit us at www.bramnickcriminallaw.com