Despite popular demand, marijuana is illegal in New Jersey and a conviction can often lead to serious consequences. For instance Marijuana Possession of under 50 grams, no matter how small, is a disorderly persons offense punishable by up to 6 months in jail, a license suspension, and a permanent record. If you are arrested in Kearny for a disorderly persons offense such as simple marijuana possession and drug paraphernalia you will be required to appear in Kearny Town Municipal Court to defend your charges. An experienced attorney can often challenge the State’s case against you to secure a diversion program or even a dismissal altogether so your case will not result in a criminal record. Our criminal defense attorneys frequently appear in Kearny Municipal Court and are prepared to help you if necessary. To learn more about how we may be able to help you or your loved one, contact our office today at (201) 793-8018 for a free consultation.
In the alternative, if you are charged with Possession of Marijuana with an Intent to Distribute, the case will be sent to the Hudson County Superior Court in Jersey City because it is considered an indictable crime. Generally, the grading and seriousness of the crime is determined by how much marijuana the police find in your possession. If you have under an ounce of marijuana in your possession then it is a fourth degree crime punishable by up to 18 months in state prison. Over an ounce but less than five pounds is a third degree crime punishable by up t 3 – 5 years in prison. If you are arrested with over 5 pounds but less than 25 pounds of marijuana it is a second degree crime with a presumption of incarceration punishable by 5 – 10 years incarceration. Lastly, over 25 pounds of marijuana is considered a first degree indictable crime which carries a sentence of 10 – 20 years. Typically all indictable crimes in Hudson County will be sent to Central Judicial Processing “CJP” to be screened by the Hudson County Prosecutors Office.