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Legalizing Marijuana in NJ?

Legalizing Marijuana in NJ?

A bill, A-2842, legalizing possession of less than 50 grams of marijuana for any purpose is moving toward legalization in NJ at this time. Presently N.J.S.A. 2C:35-10 criminalizes the possession, use or being under the influence or failure to make lawful disposition of marijuana. N.J.S.A. 2C:35-10(a)(4) currently reads: “Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less a disorderly person.” The penalty is up to one year in jail, a fine of up to $1000, or both. Assemblymen Michael Patrick Carroll, R- Morris, and Reed Guscoria, D-Mercer introduced this legislation after seeing the weight of the public sentiment moving toward legalization of marijuana use. The New Jersey State Municipal Prosecutors Association also supports the legalization of small amounts of marijuana for personal use as court dockets are overburdened with marijuana possession charges. Police personnel also find themselves spending copious amounts of time dealing with cases involving these small quantities of marijuana for personal use. Although the bill decriminalizes possession of small quantities as well as being under the influence, operation of a motor vehicle while under the influence would remain illegal. Although many are behind this referendum, there are opponents who believe it will be problematic. One person opposed to legalizing marijuana is Governor Chris Christie who has vowed that such changes to the law “will not happen on my watch ever.” For the time being, possession, use or being under the influence of marijuana remains illegal in New Jersey. If you are charged with these or any other crimes under N.J.S.A. 2C:35-10, you can face serious consequences including imprisonment, loss of license, large fines and the stigma of a criminal charge on your record. You should seek experienced legal counsel immediately. For more information about use, possession or being under the influence of marijuana, CDS in a motor vehicle, DUI or other drug charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

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