Our firm is fully operational and working remotely in the midst of the Coronavirus impacting New Jersey. Please feel free to call us or contact us online for a free consultation with one of our lawyers.


Marijuana Possession – Under 50 Grams: N.J.S.A. 2C:35-10

Practice Areas

Bloomfield Marijuana Attorneys

Defense Lawyers for Drug Possession in Newark, New Jersey

Newark Marijuana Lawyers
Marijuana Possession Charges NJSA 2C:35-10a4

A marijuana crime does not make you a bad person. In fact, marijuana possession is one of the least serious of all New Jersey drug crimes. These days, with more and more states legalizing the use of marijuana, public opinion on pot has begun to sway in favor of allowing people to use what is considered a relatively harmless drug. However, New Jersey still prohibits the use, possession, or distribution of marijuana. As a result, you could face severe penalties even if you are caught with a single joint in Essex County, New Jersey.

The Tormey Law Firm has handled countless drug cases in Orange, Maplewood, Montclair, Irvington, Belleville, and everywhere else in Essex County, NJ. Our lawyers have more than a decade of experience defending clients against marijuana possession and distribution charges. Our experience is matched only by our outstanding credentials: the firm’s criminal defense team includes a former county and municipal prosecutor who prosecuted marijuana / weed cases. We know how to beat your marijuana charges because we understand the nuances of New Jersey drug law and we know how the prosecution thinks in cases like yours. Call us today at 201-654-3464 to speak with an experienced Essex County drug crime defense lawyer. You can also check out some of our client reviews by clicking here.

Simple Possession of Marijuana Law: N.J.S.A. 2C:35-10(a)4

Simple possession of marijuana, or weed, is governed by N.J.S.A. 2C:35-10a(4). As set forth by the statute, it is against the law to obtain or possess even a small amount of marijuana. Anyone caught with 50 grams or less or marijuana, or five grams or less of hashish, may be charged with a disorderly persons offense. If you are accused of possessing more than 50 grams of marijuana, you can be charged with a felony.

In order to establish a violation of the NJ simple possession of marijuana statute, prosecutors must prove certain elements of the offense:

  • The substance was, in fact, marijuana.
  • The defendant possessed, either actually or constructively, the marijuana.

New Jersey Marijuana Possession Penalties

Since simple possession is classified as a disorderly persons offense, these cases are heard in local municipal court. However, don’t let this fool you into thinking that the penalties are not serious. If you are convicted of simple possession of marijuana in the State of New Jersey, the penalties can be significant:

  • Jail: Up to 6 months
  • Fine: As much as $1,000
  • Driver’s License Suspension: 6 months

NJ School Zone Offenses

Additionally, the penalties for marijuana possession can be enhanced if the offense occurred within 1,000 feet of school property. In these cases, an offender will also be required to perform a minimum of 100 hours of community service.

Related Charge: Possession of Drug Paraphernalia

Many marijuana users are found in possession of illegal items such as bongs, pipes, or rolling papers. As a result, a marijuana possession charge is often accompanied by a possession of drug paraphernalia charge.

Essex County Drug Crime Defense

A knowledgeable attorney may be able to challenge the prosecution’s evidence and contest the constitutionality of the police search warrant in your marijuana case. The drug defense team at the Tormey Law Firm has had great success invalidating police search warrants and suppressing evidence in drug cases because the police used improper search and seizure techniques.

NJ Diversionary Program: Pre-Trial Intervention

Even if there are no evidence suppression in your case, our attorneys may be able to get you admitted into a diversionary program, such as Pre-Trial Intervention (PTI), so that you avoid the most serious marijuana penalties.

Free Consultation with a Newark Marijuana Attorney

The Tormey Law Firm is prepared to fight on your behalf and help you beat your marijuana charges. We will examine the evidence in your case, scrutinize police reports, consult with experts, and do what is needed to win your case. Call us today at 201-654-3464, or fill out the online contact form to schedule a meeting at our office in Newark.

What our clients say about us

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"


Request a Free Consultation

Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.

Hackensack Law Office

254 State Street

Hackensack, NJ 07601

Get Directions

Newark Law Office

1 Gateway Center, Suite 2600

Newark, NJ 07102

Get Directions