THC Possession Charges

Medical marijuana background with cannabis buds & leaves framing

Edison Cannabis Oil Defense Lawyers

While New Jersey lawmakers considered legalizing marijuana (also known as cannabis) for adult recreational use, those legislative efforts have stalled, and marijuana remains illegal throughout the state unless you have a valid medical prescription. Similarly, NJ law still prohibits any compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant or its seeds. This means you can be arrested and charged with a crime if you are found in possession of THC, THC oils, marijuana wax, and similar substances deemed “controlled dangerous substances.” You may also face criminal charges if police find THC in your vape pen or any other delivery mechanism in New Jersey. If you find yourself arrested for THC, edibles, an electronic cigarette containing marijuana oils, or other illegal cannabis products, our skilled NJ criminal defense lawyers can help. Our team has been defending clients charged with marijuana and other drug offenses for years in Edison, Piscataway, New Brunswick, Metuchen, South Brunswick, and throughout Middlesex County. Contact us now at (732) 659-9600 to discuss your case free of charge.

Can I be Arrested for THC in NJ?

THC (delta-9-tetrahydrocannabinol or Δ-9-tetrahydrocannabinol) is the psychoactive component of marijuana. It has long been identified as the substance contained within marijuana responsible for producing a “high” feeling in the user. THC is a different chemical compound than CBD (sometimes known as cannabidiol), even though CBD and THC can both be obtained from a marijuana plant. In New Jersey, you can be arrested for possessing THC products under multiple NJ statutes.

New Jersey law broadly prohibits the possession of controlled dangerous substances, and the state still defines marijuana and THC-products as controlled dangerous substances. Specifically, New Jersey laws define “marijuana” as all parts of the cannabis plant and the seeds, as well as every compound, manufacture, salt, derivative, mixture, or preparation of the plants or its seeds. This definition includes THC products like THC oils, THC or marijuana wax, THC vape cartridges, and other similar items. The law also prohibits prohibits the possession of a “synthetic cannabinoid,” (sometimes called “imitation marijuana”) including spice, K2, certain incenses, and similar chemically reproduced THC products that are often ingested using a vape pen, e-cigarette, or other similar device.

What are the Penalties if I’m Charged with THC or Marijuana Oils?

In short, if the police catch you with THC or a synthetic cannabis product, you may be charged with drug possession under a number of statutes. The specific charges you are facing are incredibly important when determining the potential consequences of a conviction. You may face charges for a fourth degree indictable crime in violation of N.J.S.A. 2C:35-5.3c, your case will be handled in the Middlesex County Superior Court. On the other hand, if you are charged with a disorderly persons offense under N.J.S.A. 2C:35-10a(4), your charges will be handled in the local municipal court in the town where you were arrested.  You may also face the possible addition of drug paraphernalia charges based on your possession of a vape pen or e-cigarette.

New Jersey still imposes severe penalties for possession of even small amounts of cannabis, THC products, or synthetic cannabis. You can face a disorderly persons offense for possessing certain THC products, which exposes you to up to 6 months of jail time, the loss of your driver’s license for up to 6 months, and significant fines of up to $1,000. Even worse, you can be charged with a fourth degree indictable offense (similar to a felony) for possessing THC or a similar product in an electronic cigarette/vape pen. If you are convicted of an indictable offense, you may face up to 18 months in prison, thousands of dollars in fines, and a number of other serious consequences.

The penalties to which you are exposed increase dramatically if you are accusing of distributing THC, marijuana oils, or another form of cannabis in New Jersey. The consequences are also more severe if you get arrested for intent to distribute near a school or public park.

Hire a Local Piscataway THC Lawyer to Defend Your Cannabis Charge

If you are charged THC, marijuana edibles, a vape pen with cannabis oil, or another type of CDS in Middlesex County, get help from our local defense attorneys by calling (732) 659-9600 for a free consultation. We have extensive experience defending cases like yours and we are happy to answer all of your questions.

With more than a decade of experience defending clients against criminal charges, founding partner William A. Proetta has successfully handled and tried thousands of cases, from DWI to murder. As a New Jersey native, he has focused his career on helping people in the area where he grew up, serving Middlesex, Ocean, Hudson, and Union counties.