Middletown NJ Possession of Synthetic Marijuana Defense Lawyers

Drug charges related to possession of synthetic marijuana in New Jersey are extremely serious, as these offenses are be classified as fourth degree felonies when the amount involved is less than 1 ounce, or third degree felonies when the defendant is accused of possessing 1 ounce or more. Regardless of the degree of these charges, synthetic marijuana possession cases are adjudicated at the Superior Court in the county in which the alleged offense occurred and a conviction may result in a host of repercussions, not the least of which is a tarnished reputation.

While a fourth degree felony charge for possession of synthetic marijuana is punishable by a sentence to serve up to 18 months in New Jersey State Prison, a third degree felony entails even more severe penalties, which may include between 3 and 5 years of incarceration and a charge on the defendant’s criminal record.

Fortunately, the attorneys at Chamlin, Uliano & Walsh have accumulated a wealth of experience defending clients accused of a synthetic marijuana possession in New Jersey. As a result, they can often facilitate their clients’ enrollment in the Pretrial Intervention Program, a diversionary program that will ultimately result in the dismissal of the drug charges for individual who comply with all program requirements.

Possession of Synthetic Marijuana in Monmouth County: N.J.S.A. 2C:35-10.3a

The specific chemical components that are most frequently utilized in the production of synthetic marijuana are 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); and 4-fluoromethcathinone (flephedrone, 4-FMC). As such, the statute that outlines criminal offenses involving the possession of synthetic marijuana states the following:

a. It is a crime for any person, knowingly or purposely, to obtain, or to possess, substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC).

b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the Third Degree.

c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the Fourth Degree.

An individual can be charged with possession of synthetic marijuana in violation of N.J.S.A. 2C:35-10.3 if they are believed to be in “actual” or “constructive” possession of synthetic marijuana. Actual vs. constructive possession can be distinguished according to the following conditions:

• Actual Possession: the defendant is in physical possession of synthetic marijuana at the time of his or her arrest (i.e. it is discovered in his or her pocket)
• Constructive Possession: the defendant did not have physical possession of the synthetic marijuana at the time of his or her arrest but was aware of the location of the synthetic marijuana and was in a position to exercise control over the substance (i.e. it is found in the trunk of his or her vehicle)

Penalties for Possession of Synthetic Marijuana in New Jersey

Possession of Synthetic Marijuana as a Fourth Degree Crime (less than 1 oz.): maximum sentence of 18 months to be served in New Jersey State Prison and a fine of up to $10,000

Possession of Synthetic Marijuana as a Third Degree Crime (1 oz. or more): sentence to serve between 3 and 5 years in New Jersey State Prison and a maximum fine of $15,000

Contact Toms River NJ Synthetic Marijuana Possession Lawyers for Help

For additional information as to how these Monmouth County possession of synthetic marijuana defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Uliano & Walsh at 732-440-3950 or toll free at 888-328-9131.