New Jersey Marijuana Lawyer

Navigating Complex Cannabis Possession Laws with a Marijuana Attorney in Hamilton, NJ

New Jersey has undergone a seismic shift in its approach to cannabis with the enactment of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). While recreational cannabis use is now legal for adults over the age of 21, this does not mean that all marijuana-related activities are lawful. The legalization process has created a complex web of regulations that can be confusing for both residents and visitors. Many individuals mistakenly believe that “legalization” allows for unrestricted possession, consumption, and distribution, only to find themselves facing charges for actions they thought were permissible. When you are caught on the wrong side of these evolving statutes, you need the guidance of a skilled New Jersey marijuana lawyer who stays current with the latest legislative changes and court rulings.

At The Scardella Law Firm, LLC, we focus our practice on criminal defense and have adapted our strategies to the new legal landscape of New Jersey cannabis law. We understand that good people often get caught in the gray areas of the law, whether it involves possessing slightly more than the legal limit, consuming in a prohibited area, or facing accusations of unlicensed distribution. These charges are often handled in municipal courts throughout Mercer, Burlington, and Middlesex counties, and they still carry significant penalties. We are here to clarify your rights and provide an aggressive defense against any allegations of unlawful marijuana conduct.

If you have been issued a summons or arrested for a marijuana-related offense, do not assume the charges will simply disappear because “weed is legal.” Contact our firm today by phone or through our online contact form to schedule a free, confidential consultation.

Understanding the Limits of Legalization

The legalization of adult-use cannabis in New Jersey grants specific rights, but it also imposes strict limitations. Adults 21 and older are permitted to possess up to six ounces of cannabis and to consume it in private residences or designated consumption areas. However, stepping outside these boundaries remains a criminal or civil offense. The transition from a prohibited substance to a regulated one means that law enforcement has shifted its focus from simple possession to regulatory enforcement, public order, and traffic safety.

A New Jersey marijuana lawyer is essential for distinguishing between lawful conduct and chargeable offenses. For example, possessing even a small amount over the six-ounce limit can trigger a criminal charge. Additionally, driving while under the influence of marijuana remains strictly prohibited and is aggressively prosecuted. The laws regarding the sale of cannabis are also stringent. Selling even a small amount without a state-issued license is a crime, not a business transaction. We help clients understand the specific nature of the charges against them and how the nuances of the new laws apply to their specific situation.

Many of our clients are students, professionals, or parents who simply misunderstood the rules. You may have thought you were within your rights to smoke in a park or to share cannabis with friends, only to be hit with a disorderly persons offense or a municipal ordinance violation. We provide the clarity and advocacy needed to challenge these charges and protect your record.

Types of Marijuana Cases We Handle in Municipal Court

Despite legalization, municipal courts remain busy with cannabis-related matters. Our firm handles the full spectrum of offenses that fall outside the protections of the new law. We are prepared to defend against charges that arise from misunderstandings, police overreach, or procedural errors.

• Possession of more than six ounces: Possession of more than six ounces is illegal and may be charged as an indictable offense, depending on the amount, though some cases may be resolved at the municipal level through plea negotiation.
• Unlicensed distribution or intent to distribute: Sharing cannabis (gifting) up to one ounce is legal, but selling any amount without a license or gifting larger amounts can lead to serious criminal charges.
• Public consumption violations: Smoking or vaping cannabis in public spaces like parks, beaches, or sidewalks is prohibited in locations where tobacco smoking is banned or where local ordinances restrict it, and can result in municipal ordinance violations and fines.
• Possession of marijuana in a motor vehicle: While the smell of marijuana is no longer probable cause for a search, open containers of cannabis in a vehicle can still lead to traffic summonses and legal scrutiny.
• Driving While Intoxicated (DUI/DWI): Cannabis-impaired driving is illegal and carries serious penalties similar to alcohol-related DWI, though enforcement and proof standards differ.
• Underage possession (under 21): While penalties for underage possession have been decriminalized, mainly to written warnings and community referrals, repeated interactions can lead to complications that require legal advice.
• Possession on federal land: Marijuana remains illegal at the federal level, and possession in federal parks or buildings within New Jersey can lead to federal charges or complications.
• Constructive possession involving prohibited amounts: Charges may arise when cannabis exceeding legal limits is found in shared spaces, though the State must still prove knowledge and control for each person charged.
• And more: For all other cases, regardless of complexity or circumstance, we can assist defendants by building strong legal strategies and presenting effective arguments. 

A marijuana attorney in Hamilton, NJ, from our firm will meticulously review the facts of your case to determine if your conduct actually violated the statute. We often find that police officers, accustomed to the old laws, make arrests or issue citations for conduct that is now protected or legally ambiguous. As a New Jersey drug crime lawyer, Lauren Scadella meticulously keeps up with the ever-changing legal landscape around marijuana charges and is fully prepared to defend your rights.

The Legal Process for Marijuana Offenses

Understanding the legal process in municipal court is the first step in mounting a successful defense. While the atmosphere may seem less formal than a Superior Court trial, the procedures are governed by strict rules of evidence and criminal procedure.

• The summons and complaint: You will receive a document detailing the specific statute you are alleged to have violated and a date for your first court appearance.
• The first appearance: You will appear before a municipal court judge to enter a plea, usually “not guilty,” and to confirm that you have legal representation.
• Discovery and evidence gathering: Your New Jersey marijuana lawyer will demand all evidence from the prosecutor, including body camera footage, police reports, and weighing certificates for the cannabis.
• Pre-trial status conferences: We engage in discussions with the municipal prosecutor to identify weaknesses in the state’s case and negotiate for a dismissal or reduction of charges.
• Motion practice: If your rights were violated during the stop or search, we file motions to suppress the evidence, which can result in the entire case being dismissed.
• Trial: If a favorable resolution cannot be reached, we proceed to trial, where the state must prove every element of the offense beyond a reasonable doubt.
• Sentencing: If convicted, the judge determines the appropriate penalty, which we strive to minimize by presenting mitigating factors.

We guide you through every step, ensuring you are never caught off guard by court procedures or legal outcomes. Our presence garners respect for your rights from the prosecutor and judge under the new legal framework.

Consequences of Marijuana-Related Convictions

Even though societal attitudes toward marijuana have changed, the legal consequences of a conviction for unlawful conduct have not disappeared. A conviction in municipal court can have lasting repercussions that extend far beyond the courtroom.

• Criminal record: A conviction for possession of over six ounces (downgraded) or distribution creates a criminal record that appears on background checks for employment and housing.
• Financial penalties: Fines for marijuana-related offenses, ordinance violations, and court costs can add up to significant amounts.
• Community service: Judges frequently impose community service hours as a penalty for disorderly persons offenses or ordinance violations involving cannabis.
• Driving privilege suspension: A conviction for driving under the influence of marijuana results in a mandatory loss of license, installation of an ignition interlock device, and expensive surcharges.
• Immigration consequences: Because marijuana remains a Schedule I controlled substance under federal law, any drug-related admission or conviction can have severe consequences for non-citizens, including deportation.
• Professional licensing issues: Doctors, nurses, teachers, and other licensed professionals may face disciplinary action from their licensing boards for drug-related offenses.
• Educational impact: Students may face disciplinary hearings at their college or university, independent of the court outcome, which can jeopardize scholarships and enrollment.

Retaining a marijuana attorney in Hamilton, NJ, is the best way to mitigate these risks. We fight to keep your record clean and to prevent a momentary lapse in judgment from affecting your long-term goals.

Defending Against Marijuana Charges

The legalization of cannabis has provided defense attorneys with powerful new tools to challenge arrests and seizures. We leverage the specific language of the CREAMMA legislation to protect our clients.

• Challenging the search: Under the new law, the odor of marijuana is no longer probable cause for a police officer to search your person or your vehicle.
• Disputing the weight: In cases involving possession over the legal limit, we demand proof of the exact weight of the cannabis, as the difference of a fraction of an ounce can determine guilt or innocence.
• Proving lack of intent to distribute: We challenge allegations of distribution by showing that the cannabis was for personal use or that any transfer was a legal “gift” between adults.
• Questioning impairment in DUI cases: Unlike alcohol, there is no scientifically valid “breathalyzer” for marijuana impairment, so we aggressively attack the reliability of the Drug Recognition Expert (DRE) observations.
• Arguing regarding location: For public consumption charges, we examine the specific municipal ordinance to determine if the location where you were cited actually falls under the prohibited category.
• Utilizing conditional discharge: For eligible clients, we pursue admission into diversionary programs that result in the dismissal of charges upon successful completion of a probationary period.

A New Jersey marijuana lawyer from our team knows how to use the changing laws to your advantage. We do not let the state cut corners when prosecuting these cases.

How The Scardella Law Firm Can Help

We believe that no one should face the power of the state alone, especially when the laws are as new and confusing as New Jersey’s cannabis statutes. At The Scardella Law Firm, LLC, we provide a defense that is both aggressive and compassionate. We understand that you may be frustrated by being charged for something that is widely considered “legal.” We validate those feelings while providing a realistic assessment of your legal situation.

Our approach is client-centered. We take the time to explain the difference between what is legal and what is not, helping you navigate the complexities of the system. We handle all interactions with the court, the police, and the prosecutor. Whether you are a college student dealing with a campus citation or a professional facing a DUI charge, a marijuana attorney in Hamilton, NJ, from our firm is dedicated to achieving the best possible result for you. We are not just your attorneys. We are your advocates and your allies.

Why Choose Scardella Law Firm LLC

Experience is the cornerstone of effective legal defense. Lauren E. Scardella brings a unique perspective to defense work, having started her career in the prosecutor’s office. This background gives her an insider’s understanding of how the state constructs its cases. She knows where police officers make mistakes in drug investigations and how to exploit those errors for the benefit of her clients.

We are deeply embedded in the local legal community of Mercer County and the surrounding areas. We represent clients regularly in the municipal courts of Hamilton, Princeton, Robbinsville, and West Windsor. We know the local ordinances and the specific policies of local prosecutors regarding marijuana offenses. This local knowledge allows us to craft defense strategies that are tailored to the specific court where your case is being heard. We focus specifically on criminal and municipal court defense, ensuring that our skills are sharp and our knowledge is up to date. When you hire a New Jersey marijuana lawyer from our firm, you are securing a dedicated professional who is committed to protecting your rights.

Call Us Today to Discuss Your Case

The laws regarding marijuana may have changed, but the need for a strong legal defense has not. If you are facing charges, you need an attorney who understands the nuances of the new system.

Call us now or reach out through our online contact form to schedule your free consultation and let us fight for your future.

Frequently Asked Questions About Facing Marijuana Possession Charges in New Jersey