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Are Edibles and Hash Oil the Same Offense as Marijuana Possession?

On Behalf of | Feb 13, 2019 | Criminal Law |

While the country’s drug laws are constantly changing, most New Jersey residents know that marijuana is still considered illegal in the Garden State, unless it is being used for medicinal purposes. But what about edibles and hash oil? Are the penalties the same as those for marijuana possession? The possession or sale of non-medical marijuana in New Jersey brings penalties that vary based on the quantity of the drug.

Drug classification in New Jersey

The state of New Jersey classifies controlled dangerous substances (CDS) — and the compounds used to make the drugs – according to a schedule based on the drug’s risk of addiction and abuse, and its medical value. Penalties vary based on the type of substance and the amount.

Marijuana possession in New Jersey

Penalties for marijuana possession in New Jersey are dependent upon the quantity of drug involved. If you are found with less than 50 g of marijuana, the penalty is a fine of $1,000 and up to six months in jail. If you are found with marijuana within 1,000 feet of a school, then you are required to perform 100 hours of community service and pay an additional fine. Possessing more than 50 g of marijuana is considered a felony in New Jersey and brings with it a fine of $25,000 and jail time of up to 18 months.

Sale of marijuana in New Jersey

New Jersey has stiff penalties for the sale of marijuana, based on the quantity of the drug. Penalties are as follows:

  • Quantity of 25 lbs. marijuana or more: 1st degree crime, jail time of 10 – 20 years, $300,000 fine
  • Quantity of 50 or more marijuana plants: 1st degree crime, jail time of 10 – 20 years, $300,000 fine
  • Quantity of more than 5 lbs. of hashish/concentrate: 1st degree crime, jail time of 10 – 20 years, $300,000 fine
  • Quantity of 5 lbs. – 25 lbs. marijuana: 2nd degree crime, jail time of 5 – 10 years, $150,000 fine
  • Quantity of 10 – 50 marijuana plants: 2nd degree crime, jail time of 5 – 10 years, $150,000 fine
  • Quantity of 1 lbs. – 5 lbs. of hashish/concentrate: 2nd degree crime, jail time of 5 – 10 years, $150,000 fine
  • Quantity of 1 oz. – 5 lbs. marijuana: 3rd degree crime, jail time of 3 – 5 years, $25,000 fine
  • Quantity of 5 g – 1 lb. of hashish/concentrate: 3rd degree crime, jail time of 3 – 5 years, $25,000 fine
  • Quantity of 1 oz. or less of marijuana: 4th degree crime, jail time of 18 months and $25,000 fine

Facing a drug charge? Contact our experienced drug defense lawyers for help

New Jersey imposes strict penalties for drug sale, manufacture, and possession. If you are facing a drug charge in the Garden State, know your rights and understand the law. Experienced New Jersey drug defense attorneys at Lomurro Law protect the rights of those accused of drug crimes and successfully defend the charges brought against them. Fight the charges against you with the best possible defense. Contact a member of our team at 732-482-9285 or online to schedule a confidential consultation to discuss your case.