New Jersey Criminal Defense Blog

A 46-year-old Bayonne firefighter and his 53-year-old wife have been arrested for allegedly operating a marijuana farm and are being held at the Warren County jail on $200,000 bail each, according to an nj.com article. In being charged with running and maintaining a drug manufacturing facility, the New Jersey husband and wife face several harsh penalties, including up to 20 years in prison and a fine of up to $750,000 for the first-degree drug offense.

In addition, the article also mentions that the couple has been charged with the fourth-degree crime of child neglect relating to their 10-year-old son, the second-degree crime of manufacturing marijuana, the fourth-degree crime of possession of more than 50 grams of marijuana, and the disorderly persons offense of possession of drug paraphernalia (a hypodermic syringe). According to New Jersey law, second-degree offenses may result in a maximum sentence of 10 years in state prison and a maximum fine of $150,000. Fourth-degree crimes have a maximum penalty of 18 months.

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Marijuana Defense

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On January, 18, 2010, Governor Jon Corzine, on his last day in office, signed a measure, the “Compassionate Use Medical Marijuana” law, making New Jersey the 14th state to legalize marijuana for medicinal purposes. Based on an nj.com article, the marijuana bill (S119) is anticipated to take effect within six months. However, not just anyone is legally permitted to utilize medical marijuana.

According to the report, patients will be able to get a prescription for marijuana if they have the following illnesses: cancer, multiple sclerosis, glaucoma, seizure disorder, HIV/AIDS, severe muscle spasms, Lou Gehrig’s disease (amyotrophic lateral sclerosis), muscular dystrophy, Crohn’s disease, inflammatory bowel disease, and any terminal illness if a doctor believes the patient has only a year left to live. The new law will allow the state health department to include other illnesses in addition to the above list when it develops rules of implementation for those specific calamities.

A major and important restriction included with the approval of the new law is the ban against individuals growing their own marijuana, even if it is for medical reasons. This is to ensure that marijuana be dispensed through licensed “alternative treatment centers.” Also, designated caretakers for severely ill individuals will be required to have criminal background checks.

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Posted In: Criminal Defense , Drug Offenses , Legal Information , Marijuana Defense

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Anyone who is arrested for possessing less than 50 grams of marijuana in the State of New Jersey faces being charged with a misdemeanor, may be sent to jail for six months, and could be fined $1,000. These harsh penalties currently loom over two former gang members who are well-known for their anti-violence efforts.

According to an nj.com story, the two individuals charged with possession of a controlled dangerous substance under 50 grams have been profiled in the nationally broadcast “Brick City” documentary. Apparently, after citing their vehicle for a non-moving violation, a state trooper smelled marijuana, searched their vehicle, and found marijuana. A third individual in the vehicle was arrested on the same charges as the documentary participants.

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According to an article from politickernj.com, New Jersey lawmakers are strongly advocating for the pardon of a medical marijuana user who turned to its consumption due to not being able to afford costly pharmaceutical drugs to ease his pain from multiple sclerosis. The article states that the lawmakers believe that the charges of multiple counts of possession and manufacture of illegal drugs, including first degree maintaining or operating a drug-production facility, are “inhumane, illegal and inconsistent with direction of state’s drug policies.”

Based on the report, 17 marijuana plants were discovered in the backyard of the arrested man’s Franklin Township home by a training fly-over New Jersey National Guard helicopter in August 2008. According to the defendant’s lawyer, the man relied on the use of natural substances to alleviate his suffering, including bee-sting therapy and marijuana that was purchased illegally.

If the man is convicted, these charges could result in a prison sentence of up to twenty years, and would deny him the opportunity to qualify for the Pre-Trial Intervention (PTI) program, which is an alternative to incarceration for non-violent offenders. Even though state prosecutors have offered a plea agreement of four years imprisonment, the Union County lawmakers have called on Governor Corzine to pardon the man of the drug-production facility charge so that he may qualify to participate in PTI and avoid spending time in prison.

Continue reading "Lawmakers Urging Pardon of Medical Marijuana User Who Suffers from MS" »

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A 29-year-old Raritan Borough man has been arrested for possession of marijuana in New Jersey with intent to distribute and other offenses. According to an article, the arrest comes after a two-month narcotics investigation conducted by the Somerset County Prosecutor’s Office Organized Crime and Narcotics Task Force in coordination with the Raritan Borough Police Department. A search warrant was obtained in this investigation and led to the discovery of about one ounce of marijuana in the residence of the accused, which amounted to an estimated street value of $300. Drug paraphernalia was also discovered and seized.

The charges held against the man include a disorderly persons offense, third-degree possession of drug paraphernalia, and third-degree possession of marijuana with intent to distribute while within 1000 feet of school property. Since the accused was within the designated proximity to school property, according to New Jersey law pertaining to marijuana crimes, he could be charged with a felony and face an enhanced penalty.

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Police arrested two men for New Jersey marijuana cultivation and operating a marijuana growing facility in Columbia. According to a Pocono Record article, authorities seized 124 marijuana plants and five pounds of processed marijuana, all with a street value of about $258,000.

The incident began when police served an arrest warrant for 25-year-old Mark Hines. While there, officers saw a pot plant and got a search warrant for the whole house. During their search, officers found two indoor marijuana growing rooms, three guns, $3,685 in cash and drug paraphernalia. Keith Hines, 28, the owner of the house, was arrested in his place of work. Both the men were charged with maintaining or operating a controlled dangerous substance production facility, manufacturing drugs and other drug charges.

New Jersey drug charges can have a significant impact on your life. Convictions for drug crimes could result in jail time, hefty fines and attorney fees. Charges for selling, growing or manufacturing drugs for sale or distribution can carry harsher punishments including a lengthy jail time. A drug conviction for selling a controlled substance can affect your personal life, job and your future.

It is critical that you have a knowledgeable and experienced New Jersey marijuana defense attorney on your side who will fight for your rights and make sure that the charges against you are dismissed or at least reduced. If you are a first time offender and have been charged with possession of marijuana, you may receive milder punishment such as payment of a fine and participation in drug rehabilitation. Call the skilled New Jersey criminal defense attorneys at Lependorf & Silverstein to find out more about how we can build a strong defense strategy in your New Jersey drug crimes case.

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Three years after it was introduced in the Legislature, the proposal to legalize marijuana fro medical use in New Jersey gets its first test in a Senate Committee. If it passes, New Jersey would become the 14th state to create a sanctioned medical marijuana program.

The debate has been strongly and vigorously voiced by both sides. Those in favor point to the incredible benefits marijuana has for those in chronic pain and those that have lost their appetites due to illnesses and medications and other forms of treatment that they are enduring. There are countless stories of individuals that had to illegally obtain marijuana as it was truly the only way that they could get some relief.

The opponents claim that marijuana is a stepping stone to more serious drug use and that legalizing marijuana for medicinal purposes also sends a dangerous message to youngsters. They also claim that it will be hard to impossible to properly regulate the process.

The movement to expand medical marijuana laws has been slow but steady. It is refreshing to see that there is finally some political support for this naturally grown plant that so many people have known for so long offers some remarkable benefits. Marijuana, of course, like almost anything else, can be abused to the point of causing damage. But if potential damage based on abuse were our measuring stick for deciding what should be legal, countless substances of everyday use would have to be outlawed.

Unfortunately, every day in New Jersey, individuals are being arrested for marijuana use, marijuana sale and marijuana cultivation. In fact there are several marijuana charges in New Jersey that are considered first degree crimes. This puts some marijuana charges in the same category as some of the most violent crimes charged in New Jersey!

If you have been charged with any crime related to marijuana in New Jersey, it is imperative that you speak with an experienced and passionate New Jersey drug crime attorney as soon as possible. Do not be fooled into thinking that a marijuana charge is not going to be dealt with seriously in a New Jersey court of law. Our jails and prisons are filled with individuals whose only crimes relate to marijuana. Contact the law firm of Lependorf & Silverstein for a free initial consultation.

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An article published on NJ.COM explains how a Superior Court judge refused to dismiss charges against a Somerset County man accused of growing 17 medical marijuana plants at his home. The man grew the plants, he says, because he suffers from multiple sclerosis and the drug alleviates his symptoms.

John Ray Wilson, 26, has been accused by the state of first-degree maintaining or operating a drug production facility, second-degree manufacturing and marijuana possession. If convicted, he faces up to 20 years in prison.

This case spotlights the New Jersey Compassionate Use Medical Marijuana Act, which is currently being considered by state legislators. The bill would legalize the drug for medicinal purposes and give those suffering from debilitating diseases access to the drug.

Wilson has not been accused of selling the substances, but he is accused of cultivating more than 10 plants, some of them up to 6 feet tall, behind the home he rented on Skillmans Lane.

Continue reading "New Jersey Marijuana Cultivation Case Denied Dismissal by Superior Court Judge" »

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A report published on the website NJ.COM, describes how authorities in Vineland seized nearly 100 pounds of marijuana believed to be headed to Cumberland County via a tractor trailer.

State police began an investigation which ultimately resulted in the arrest of the driver of the tractor trailer, 35 year old Davenport, Fla. Resident Frank Capriotti. Information gathered during the investigation indicated that a large shipment of marijuana was to be delivered to the New Jersey area, according to state police Sgt. Gary Catts.

The tractor trailer, which was parked at Butch’s Gun World in Vineland, contained nearly 89 pounds of marijuana, with an estimated street value of $89,000. Authorities also seized $1,780 in cash.

Capriotti has been charged with conspiracy to distribute a controlled dangerous substance (CDS), possession of marijuana with intent to distribute and possession of more than 50 grams of marijuana. He is being held in Cumberland County jail on $260,000 bail.

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The state of New Jersey has a distinctive approach to Marijuana Law for those who have been arrested for or charged with possession of marijuana, selling, or cultivation of marijuana. As of March 2009, New Jersey law enforces severe penalties on individuals convicted of marijuana related crimes. At Lependorf & Silverstein, we have been aggressively representing clients accused of criminal offenses in New Jersey and we dedicate our services to obtaining justice and superior results for them.

We strongly urge anyone who has been detained for or accused of a marijuana offense in New Jersey to seek resources for what can be done to protect his or her legal rights and welfare. We have built an informative website specifically to provide general advice and inform defendants about particular facts regarding marijuana laws in New Jersey.

Whether you were charged with concentrated cannabis possession in New Jersey, marijuana felony, or marijuana misdemeanor, the skilled New Jersey marijuana charge defense attorneys at Lependorf & Silverstein can help. Please make the most of www.nj-marijuanadefense.com for more information about legal defenses for marijuana sale, possession, and cultivation. You can also call our 24/7 hotline at 609-240-0040.

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