While New Jersey has legalized medical marijuana, thereby allowing qualifying individuals to possess and use marijuana in certain places, it is still a criminal offense for a person to use or possess marijuana recreationally.
Even though the legal landscape may be changing, it is important to understand your rights. If you or a loved one were charged with a marijuana-related offense—or if you would like to apply for, have questions about, or have been denied medical marijuana—a qualified medical marijuana lawyer may be able to help. How much marijuana can I possess in Somerset County is a common question lawyers get asked and an experienced attorney could answer that question.
Penalties for Possessing Marijuana in Somerset County
There are numerous marijuana-related offenses a person can be charged with, including possessing marijuana paraphernalia, marijuana distribution, and possessing marijuana in a school zone. However, possession of marijuana is the most common marijuana-related offense in Somerset County.
If a person is found with less than 50 grams or less of marijuana, they will generally be charged with a disorderly persons offense under N.J.S.A. 2C:35-10. A disorderly persons offense can be punished by a fine of up to $1,000 and a prison sentence of up to six months. Possession of more than 50 grams can result in a fourth-degree criminal charge punishable by a fine of up to $10,000 and a prison sentence of up to 18 months.
How Much Medical Marijuana Can Someone Possess in Somerset County?
New Jersey passed the New Jersey Compassionate Use Medical Marijuana Act in 2010, becoming the fourteenth state to legalize marijuana for medical use. However, a person must qualify for use of medical marijuana, and even if they do qualify, this does not mean they can carry an unlimited amount of marijuana. Under N.J.S.A § 24-6I-10, a person may possess up to two ounces of medical marijuana at one time.
Where is it Legal to Possess Medical Marijuana?
In addition to limiting how much marijuana a qualified person can have on them at any one point, New Jersey’s Compassionate Use Medical Marijuana Act also limits where a person can possess and use medical marijuana.
To begin, smoking marijuana still qualifies as smoking under New Jersey’s Smoke-Free Air Act (N.J.S.A. 26:3D-57), which limits where a person can smoke in public. Under New Jersey’s Compassionate Use Medical Marijuana Act, a person cannot smoke medical marijuana while they are operating, navigating, or in control of any vehicle. In addition, a person cannot smoke medical marijuana in the following locations:
- On a school bus
- In a private vehicle, unless the vehicle is not in operating
- On any school grounds
- In a correctional facility
- In a public park
- On a beach
- At a recreation center
Generally, those who qualify for medical marijuana are advised to smoke in their own home, or in a space that is set aside from the public as to not disturb themselves or anyone else.
An Attorney Could Answer Questions About Marijuana Possession in Somerset County
While the laws and attitude toward marijuana may be changing in the United States, it is still a criminal offense to possess marijuana in New Jersey. A marijuana possession charge and conviction in Somerset County could result in serious consequences including fines, jail, loss of your driver’s license, and other collateral consequences, so it is important to always bear in mind how much marijuana you can legally possess at one time. If you have any further questions regarding how much marijuana you can possess in Somerset County, contact a lawyer today.