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New Jersey Juvenile Marijuana Possession Arrests – NJSA 2C:10(a)4

September 3, 2018

Defense Attorney for New Jersey Juvenile Marijuana Possession Charges

If your juvenile child was arrested for possession of CDS or marijuana/paraphernalia, speak with a defense lawyer today. All drug possession charges, even those involving juveniles, carry a mandatory 6 month – 2 year driver’s license suspension. Simple marijuana possession charges may seem minor. However NJ law requires that all juveniles appearing in court be represented by an attorney. Give my office a call so we can explain the rest of the process to you.

NJSA  2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by… Any person who violates this section with respect to:

  1. A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of … , a fine of up to $ 35,000.00 may be imposed;
  2. Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of …  a fine of up to $ 15,000.00 may be imposed;
  3. Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of … a fine of up to $ 25,000.00 may be imposed; or
  4. Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

On School Property

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

Exact Drug Does Not Need to be Specified

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

Rating Methodology

Charges Dismissed

Criminal Offense

Charges Reversed

Jail Sentence

Charges Reduced

DUI

Charges Dismissed

Criminal Offense

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  • / THOROUGH & EFFICIENT
    “Mr. Vecchio was very thorough and efficient. His team was accommodating and the ultimate outcome was better than expected. Mr. Vecchio kept me up to date with every detail via emails and text messages. An all around good guy and family man.”
    NOEL
  • / VERY PROFESSIONAL
    “I have been working with Anthony on my husband’s out of state case for a few days now. He is punctual and doesn’t make you feel like you are asking too many questions in such a stressful time. He knows exactly what is happening before you even tell him. He is very professional and treats you like a human at the same time with the most respect.”
    DANA
  • / SHARP & PROGRESSIVE
    "Anthony was instrumental in making the worst time in my life manageable. He's smart, intuitive and most of all he gave me peace of mind. I would recommend him to anyone looking for a sharp, progressive attorney who knows how to navigate the law."
    ALICE

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