Charged with Marijuana Edibles in NJ?
Facing Charges for Edible Marijuana in Jersey City?
The legalization of weed in New Jersey continues to be a popular topic. Often, the discussion leads to more questions than answers. The continuous changes in the law, as well as the complexities and nuances, can leave citizens and visitors of this state confused. In reality, the law is this. It is legal to possess marijuana in NJ in an amount up to 6 ounces if you are 21 or older. You can also buy marijuana at a marijuana dispensary with a valid prescription. Even if you do have a valid prescription, it is likely that countless other questions come to mind. For example, many are interested in knowing whether edibles are legal in New Jersey. The answer is that it depends on the circumstances. Technically, it is not unlawful for anyone 21 or older to possess or use marijuana up to the six ounce threshold or 17 grams of hashish. As for edibles, they cannot be produced or sold in shapes that may be appealing to children, such as animals, fruits, fictional characters, or cartoons. The state also sets limits on the amount of THC that an edible marijuana product can contain, limiting a single serving to no more than 100 milligrams of active THC. These serving sizes must be easily ascertained by the form in which the edibles are marketed to the public. The law also reduces the consequences for minors underage who are found with marijuana in the state. While recreational use is now legal, you cannot currently grow weed yourself. Of course, you may be wondering this because of a recent arrest or summons for a marijuana offense, in which case you need a strong defense to avoid the potential repercussions you now face. At Proetta & Oliver, our criminal lawyers often stare down aggressive prosecutors seeking to punish our clients facing charges for marijuana, THC oil, and other drug offenses in Hoboken, Jersey City, Weehawken, Bayonne, Kearny, Union City, and throughout Hudson County. To discuss your case and how we can assist you, call our local Jersey City office at (201)-793-8018 or contact us online for a free consultation.
What are edibles?
Ask several people what an edible is and you will get several different answers. An edible can be a baked good, a gummy candy infused with THC, a capsule or oil. It can also simply refer to any food or drink containing tetrahydrocannabinol (THC). However, in New Jersey under the law, an “edible” is something very specific and definable. The definition pertains to what is permitted to be legally dispensed by an authorized dispensary. Edible marijuana is any pill, capsule, lozenge, drop, syrup, chewable, tablet or oil. Pills, drops, liquids, tablets, and chewables are made for qualifying medical marijuana patients. As such, they may be dispensed to individuals with prescriptions.
An edible is not a gummy bear or any candy appealing to children that contains THC. For obvious reasons, the State of New Jersey refuses to make medical marijuana in any form that would naturally appeal to children. Additionally, you cannot simply drive up to the dispensary and request a to-go pack of edible brownies. Any and all edibles or forms of legal THC are strictly governed by the law in New Jersey.
What is the law on edible forms of marijuana in New Jersey?
As it stands, marijuana is legal but only available for purchase at licensed dispensaries with a valid prescription. Therefore, you cannot buy your friend’s weed that he grows in his garden, pick up some black market gummies, or feign ignorance and hope for the best when caught with the substance. What you can do is get a prescription for marijuana and obtain the substance through a legal dispensary.
The dispensaries obtain prescription-grade marijuana from authorized manufacturers. The manufacturer’s of legal weed are governed by New Jersey law. Under the Jake Honig Compassionate Use Law, such manufacturers can produce edible products, meaning products that you can eat. It is no longer a criminal offense to possess edibles under New Jersey, provided that you do so in accordance with the current restrictions in place. These products are generally limited to the forms noted, such as pills, chewables, oils, liquids, drops, tablets and syrups. Basically, the manufacturer cannot market gourmet meals of edibles but they can provide ingestible products containing THC, which are often prescribed to patients with conditions ranging from opioid abuse to cancer.
If you are caught with edibles or any other form of marijuana that you do not have a prescription for, you should not anticipate being arrested. Nevertheless, you may find yourself charged with a drug crime if you are found to be growing weed and selling it to others if you are not authorized to do so as a dispensary.
Can I be arrested for illegally possessing or distributing marijuana edibles in NJ?
If you do not have a prescription for a marijuana edible product and you are found in possession of such a substance, you will not generally face jail. However, distributing marijuana as an average person can still result in criminal prosecution. The level of the charges brought against you is based upon the weight of the substance. Surprisingly, even with an edible, all ingredients are tallied in the overall weight. In other words, the entire concocted gummy bear, the whole cookie or brownie (flower, sugar and all), or the large fountain soda cup containing the marijuana syrup counts towards the weight. Obviously, the added ingredients make a tremendous difference in how you are charged and sentenced upon conviction. The total number of edibles is also critical when determining what penalties you face.
For a first degree charge (25 pounds or more), 10-20 years in state prison can be imposed. For a second degree crime (5 pounds to 25 pounds), a term of 5-10 years can be implemented. For a third degree marijuana offense (one ounce to just under 5 pounds), 3-5 years in prison is on the line. For a fourth degree marijuana charge (second offense involving one ounce or less), the possible sentence maxes out at 18 months. Lastly, for first-time charges for manufacturing, dispensing, or distributing marijuana in an amount not exceeding one ounce, you may be given a written warning that indicates the penalties for committing this offense again. If you are ultimately found guilty of a crime involving edibles or other forms of marijuana, such a conviction may still expose you to heavy fines, suspension of your driving privileges, and the other impacts of these offenses.
Need Local Lawyer in Hoboken for Edibles Charge
If you have been arrested for edibles or otherwise charged with violating the laws on marijuana in Hudson County, New Jersey, there are many ways to improve your chances of reaching a favorable outcome. The first step towards minimizing your risk is hiring an attorney experienced in marijuana law and defense. Our attorneys at Proetta & Oliver in Jersey City NJ, have spent decades focused on criminal defense, with countless success stories helping clients to avoid jail and otherwise limiting the negative impacts that may come your way as a result of a conviction. Contact us now at (201)-793-8018 to speak with a lawyer about your specific situation. Whether you have been charged with drug paraphernalia, CDS in a motor vehicle, cocaine possession, heroin distribution, or another crime, we can help. Consultations are provided at no charge and available around the clock for your convenience.