New Jersey recently approved the sale of medical marijuana. However, this does not mean that any person can get a doctor’s prescription and begin dispensing the drug. State laws strictly regulate where the drug can be sold. Furthermore, private citizens cannot operate these facilities.
The law in New Jersey is always evolving and you should be aware of how it could potentially change in the future. In the meantime, though, the sale of marijuana is still illegal under New Jersey state law, and any person caught doing so is subject to harsh jail sentences and heavy fines.
A skilled lawyer could help people who are charged with making unlawful marijuana sales in Monmouth County. If retained, an experienced medical marijuana attorney could work to ensure that your rights are protected both while in police custody and at court and help you pursue a positive outcome.
Laws Prohibiting Unlawful Marijuana Sales in Monmouth CountyAlmost every sale of marijuana in New Jersey is illegal. Indeed, the only place where a sale is legal is in a licensed dispensary operated by the state. As the law currently stands, private citizens can never legally sell marijuana. As a result, New Jersey’s criminal code strictly punishes the unlawful sale of marijuana.
According to New Jersey Revised Statutes §2C-35-5, it is illegal for any person to knowingly distribute—or possess with the intent to distribute—any controlled substance. According to the current law, this includes marijuana if it is not distributed by a licensed dispensary. The penalties for a conviction under this statute depend on the quantity of the drug found in the person’s possession.
Penalties for Marijuana SalesSelling 25 or more pounds of marijuana—or 50 or more plants—is the most serious offense under New Jersey law when it comes to unlawful marijuana sales in Monmouth County. Courts treat these as crimes in the first degree that are punishable by 10 to 20 years in prison. In addition, a fine of up to $300,000 may apply.
People convicted of distributing five to 25 pounds of marijuana or between 10 and 50 plants may be charged with a second-degree crime. Punishments here range from five to 10 years in prison.
Selling an amount of marijuana measuring between one ounce and five pounds is a crime in the third degree. This is punishable by a prison term of between three and five years, as well as a fine of up to $25,000.
The least serious punishments are reserved for people caught selling less than one ounce of marijuana. However, this is still a crime in the fourth degree for which a sentence upon conviction can rise to as much as 18 months in prison.
Implicit Intent to DistributeIt is important to realize that these penalties apply both to people who are caught in the act of selling marijuana and those who the police believe possess the drug with the intent to sell it. In other words, the police do not need to catch a person actually selling drugs to charge them under this statute. An accomplished defense lawyer could help people to better understand the distribution of marijuana and the unlawful marijuana sales in Monmouth County and how they apply to their situation.
Unlawful Marijuana Sales in Monmouth County Remain a Serious CrimeWhile many states have legalized the purchase and personal use of marijuana, New Jersey is not one of them. Even in the places where marijuana has gained some legal recognition, the sale of this drug is still highly regulated. In fact, in New Jersey, people caught selling marijuana still face some of the harshest criminal penalties available by law.
While the law is evolving, and bills are already in the legislature to allow private citizens to open dispensaries, the sale of marijuana is currently only legal in state-run treatment centers. Any person caught selling the drug or possessing the drug with the intent to sell it faces severe repercussions. Contact an attorney today to see if they could help defend your freedom against such charges regarding unlawful marijuana sales in Monmouth County.