I frequently represent clients charged with possession of marijuana and possession of marijuana with intent to distribute. Marijuana distribution is governed by the New Jersey Criminal Code under N.J.S. 2C:35-5. First, it is important to remember in distribution cases that the State must not only prove possession of marijuana but also possession of marijuana with intent to distribute to satisfy the statute under N.J.S. 2C:35-5. The proofs typically include a large amount of weight (in marijuana), baggies, scales, cash, and actual sales using undercover operations.

N.J.S.A. 2C:35-5 provides in pertinent part:

§ 2C:35-5. Manufacturing, distributing or dispensing

a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;

(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;

(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.

Penalties

If convicted under the above statute, the penalties include the following:

Possession with intent to distribute twenty-five (25) pounds or more of marijuana is considered a first-degree offense. Potential penalties include up to twenty years in jail and fines upwards of $300,000.00.

Possession with intent to distribute between five (5) pounds and twenty-five (25) pounds of marijuana is considered a second-degree offense. Potential penalties include up to ten years in jail and fines upwards of $150,000.00.

Possession with intent to distribute between one ounce and five pounds of marijuana is considered a third-degree offense. Potential penalties include up to five years in jail and fines upwards of $25,000.00.

Possession with intent to distribute up to one ounce of marijuana is considered a fourth-degree offense. Potential penalties include up to 18 months in jail and fines upwards of $10,000.00.

In addition to the above penalties, a suspension of your driver’s license is required. Further, if the distribution was committed in a school zone or near a public park, you may be subject to mandatory jail time and parole ineligibility.