Trusted Marijuana Possession Attorney in Passaic County, NJ
What a Drug Possession Defense Attorney Can Do for Your Case
New Jersey stopped arresting adults for carrying a small amount of marijuana years ago, and that change created a new kind of confusion. Many people now assume no marijuana charge can stick anymore, and that assumption is wrong.
Possession over the legal limit can still turn into a real criminal case with real consequences. The same is true of marijuana found during a DWI stop or any amount connected to a distribution allegation. We know how unsettling it feels to be charged with something you thought was legal.
A Passaic County marijuana possession lawyer at The Montanari Law Group can look at the amount involved, how it was found, and whether the charge itself fits what actually happened. Reach out to talk through what the charge against you means for your record and your future.
Charges That Still Lead to a Marijuana Arrest in Passaic County
Legalization narrowed what counts as a crime, but it did not erase marijuana charges altogether. Our Passaic County criminal defense attorneys still see cases built around:
- Possession of more than the legal amount of marijuana or hashish
- Marijuana discovered during a driving while intoxicated (DWI) stop
- Possession with intent to distribute or sell
- A marijuana charge enhanced because it happened on or near school property
- Unlicensed cultivation of marijuana plants
Each of these situations carries its own penalty structure, and the facts of how the marijuana was found often matter as much as how much was involved.
New Jersey’s Marijuana Possession Law: What New Jersey Statutes Section 2C:35-10 Actually Says
New Jersey’s possession law, New Jersey Statutes Section 2C:35-10, now sets two clear tiers for adults based on amount, replacing the old 50-gram cutoff. For an adult age 21 or older, possessing 6 ounces or less of marijuana, or 17 grams or less of hashish, is not a crime. It is not an offense or a civil violation of any kind.
Possessing more than 6 ounces of marijuana, or more than 17 grams of hashish, is a fourth-degree crime. That crime can bring up to 18 months in state prison and a fine of up to $25,000. People under 21 face a different framework built around written warnings rather than criminal charges for amounts within the adult limit. Going over that same 6-ounce line, however, is still treated as a fourth-degree crime regardless of age.
One penalty that no longer applies is an automatic driver’s license suspension. New Jersey repealed the mandatory license suspension tied to drug convictions, so a marijuana charge by itself does not put a driving privilege at risk the way it once did.
How a Fourth-Degree Marijuana Case Moves Through Passaic County’s Superior Court
A fourth-degree marijuana charge is an indictable offense, which means it does not stay in municipal court. These cases move through the Criminal Part of the Superior Court of New Jersey, located in the Passaic County courthouse on Hamilton Street in Paterson.
The Passaic Vicinage, the state’s court district for the county, handles matters for towns across the county, including Wayne, Clifton, Totowa, Little Falls, and Paterson itself.
A fourth-degree charge typically starts with a complaint. It then goes to a grand jury, which decides whether to indict. From there, the case moves toward pretrial motions, plea discussions, or trial. Where a case lands in that process can vary.
Whether you can push for a downgrade or dismissal often depends on how the marijuana was found and whether the search that led to it holds up to scrutiny.
Clearing an Old Marijuana Conviction Off Your Record
A lot has changed since marijuana possession carried steep criminal penalties in New Jersey, and the law tried to account for that. Under New Jersey Statutes Section 2C:52-6.1, certain marijuana and hashish convictions for conduct that is no longer a crime are expunged, or cleared from your record, automatically. No one has to file a petition.
Not every old case qualifies automatically, and distribution charges or cases mixed with other offenses often need a separate look. If you were charged before New Jersey legalized recreational marijuana and still see that case on a background check, our Passaic County expungement lawyers can help. They can review whether it was cleared automatically or whether it still needs a petition filed with the court.
How Our Marijuana Possession Defense Attorneys Build a Defense
Our Passaic County marijuana possession attorneys at The Montanari Law Group have represented clients in Municipal and Superior Court matters throughout Passaic and Essex counties. Michael J. Montanari has practiced law in New Jersey since 2000.
That experience includes arguing before the New Jersey Supreme Court in State v. Ferguson, a case in which the trial court dismissed first-degree strict-liability drug-induced death charges because New Jersey did not have the legal power to prosecute them. The Appellate Division and the Supreme Court later affirmed that ruling.
That kind of experience with drug cases on appeal shapes how our firm looks at a marijuana charge from the start. We consider whether the amount alleged, the search that led to the charge, or the way the case was graded can be challenged before it ever reaches a jury.
We treat every marijuana case as its own set of facts, not a routine file to process the same way every time.
Frequently Asked Questions
Is marijuana completely legal in New Jersey now?
Not in every situation. Adults 21 and older can legally possess up to 6 ounces of marijuana or 17 grams of hashish. Going over that amount or distributing it can still lead to charges.
What happens if I’m caught with more than 6 ounces of marijuana in Passaic County?
Possession over that amount is a fourth-degree crime under New Jersey law, carrying up to 18 months in state prison and a fine of up to $25,000. The case would move through Passaic County’s Superior Court rather than municipal court.
Will a marijuana charge cost me my driver’s license?
Not automatically. New Jersey repealed the mandatory license suspension that used to attach to drug convictions. A marijuana charge alone should not put your driving privileges at risk the way older cases once did.
Can someone under 21 be arrested for having marijuana?
Not for any violation involving an amount within the adult legal limit, which generally results in a warning rather than an arrest. Possessing more than 6 ounces, however, is still treated as a fourth-degree crime no matter the person’s age.
Can I get an old marijuana conviction removed from my record?
Many older convictions for conduct that is no longer a crime were expunged automatically under New Jersey’s marijuana decriminalization law. Others still need a formal expungement petition, so it helps to have someone check your specific case.
Does a marijuana charge affect immigration status or a professional license?
It can, depending on the specific charge, how it’s resolved, and the licensing board or immigration category involved. This is not a situation with one answer that applies to everyone, so it’s worth discussing your specific circumstances.
What does a free consultation with a marijuana possession lawyer cover?
A consultation is a chance to walk through what happened and what you were charged with. It is also a chance to learn what the realistic range of outcomes looks like before you make any decisions about your case.
Get Help From a Passaic County, NJ Defense Lawyer Before Your Court Date
Marijuana law in New Jersey has changed enough that a charge from a few years ago, or one built on an unlawful search, may not hold up the way the state assumes it will. A marijuana possession attorney at our firm can review the amount involved and the circumstances of the stop or search.
They can also review whether the charge was graded correctly before your next court date arrives. Contact us today for a free consultation about your Passaic County marijuana case.
Passaic County Marijuana Possession Lawyer Reviews
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
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