Possession of Marijuana Charge in Holmdel NJ
If you were found in possession of 50 grams or less of marijuana, your charge will be heard in Holmdel Township Municipal Court. This is the court with jurisdiction to decide a disorderly persons offense like the one you are now facing. Nonetheless, a conviction can result in as much as 6 months in the Monmouth County Jail. There is also a 6-24 driver’s license suspension that applies. The only way to avoid these consequences through conditional discharge, dismissal or an amendment of the complaint to a municipal ordinance violation.
If you were arrested for possessing more than 50 grams, then your marijuana offense is an indictable crime which must be referred to the Monmouth County Prosecutor’s Office. The case will also be referred to Freehold if the arrest resulted in seizure of more serious illegal drugs like cocaine, Molly/MDMA or other controlled dangerous substances. Unless you gain admission into the Pretrial Intervention Program, you will face a fine of up to $10,000 and a maximum prison term of 18 months for possession of more than 50 grams of marijuana. The mandatory driver’s license suspension also applies.
Use or Being Under the Influence of Marijuana
It is important to keep in mind that N.J.S.A. 2C:35-10 violations are not limited to possession of marijuana. The statute is also triggered where someone uses or is under the influence of marijuana. The penalties applicable to possession of less than 50 grams of marijuana, are the same ones that apply where the Holmdel charge involves smoking, ingesting or being under the influence of the drug.