Call Kyle Mastro at 908-240-7961 for details on Felony 1st Possession pricing
Other substance / criminal defense also available.
Possession of over 50 grams of Marijuana - felony
Possession of more than 50 grams of Marijuana is a felony 4th Degree offense (the lowest tier of felony)
Felonies are also known as "indictable" offenses and carry heavier penalties, and all felony imprisonment is served in state prison.
As a felony, conviction results in up to 18 months in state prison, loss of the right to vote, and may restrict your employment.
Penalties for possession of more than 50 grams of marijuana:
Anyone convicted of possession of 50 grams or less of Marijuana is subject to a penalty of:
- 18 months in prison
- fine of up to $10,000
It is exceedingly common for Defendants not to be charged only with possession of Marijuana but to face other charges that go along with the possession charge. Here is a breakdown of some of the most common accompanying charges:
Possession of a Controlled and Dangerous Substance (CDS) inside a motor vehicle
This is exactly what it sounds like, if you bring drugs (controlled and dangerous substances) into a car, that is another crime, in itself, beyond the simple possession.
The penalties if convicted are a fine of 50 dollars or more and the loss of your driver's license for a period of 2 years.
The license loss is mandatory, so the only way to avoid the loss of license is to avoid conviction (see below regarding conditional discharge / pretrial intervention).
While the possession of a drug is a crime, the possession of drug paraphernalia (with the intent to use it for a prohibited purpose) is a separate crime with separate penalties.
Possession with Intent to Distribute
This is when the prosecution attempts to prove that the Marijuana in your possession was not merely for your own personal use but you intended to distribute it.
This is often shown through circumstantial evidence such as: the amount of marijuana in your possession, the packaging of said marijuana, large amounts of cash and insturmentalities for distribution such as scales.
This always an indictable (a felony) but the degree of the crime depends on the amount of marijuana.
Minimizing penalties from possession of Marijuana charges
If you're charged with possession of Marijuana, you can almost certainly have a better result by being proactive in your behavior.
The first thing to do is hire an attorney. That is not to say that you have to hire us - we understand that location of the office and compatibility of personality as well as other factors will influence your decision. Even if you do not want to hire us, we recommend that you hire someone as it will almost certainly give you a better result then trying to handle the case yourself.
At the Law Office of Kyle Mastro we take a two tiered approach to getting the best possible results for our clients.