Drug Laws

Growing marijuana in New Jersey is charged as “cultivation,” and is a serious crime. Penalties depend on the number of plants being grown.

For fewer than 10 plants, growers face the potential of 3-5 years in state prison and a fine of $25,000. Cultivation of between 10 and 49 plants will put you away for 5-10 years, with a $150,000 fine.

Growing more than 50 plants carries a sentence of between 10-20 years, and a $300,000 fine.

There are defenses for cultivation charges, including challenging the legality of the search that discovered the plants and following the chain of evidence back to look for weak links that may cause problems for police in court.

When your future is at risk, don’t wait to get help.

Call Matthew Reisig at 732-625-9661 for a free consultation with an experienced New Jersey drug crimes defense lawyer.

Gone are the days of the crack epidemic. It’s still around, but now officials are worried about a drug that experienced its own “epidemic” several decades ago—worried that it might reach those same deadly levels again. Heroin arrests and emergency room visits have been steadily rising over the past several years and law enforcement officials are working to counteract the tide of addiction before it gets to unmanageable levels. [Read more…] about New Jersey Cracks Down on Heroin Problem

For many lawmakers, the reality of addiction is not something they’ve ever experienced personally, within their family, or even met face-to-face. When you operate from the basis that drug addiction is a problem for “other people”, it’s difficult to see the value in helping them overcome it rather than just punishing them when their addiction leads to crime. Fortunately, Gov. Christie has gone out of his way to face addicts and others struggling with the effects of drugs, giving him proper perspective to most productively fight drugs in New Jersey. [Read more…] about Christie Affirms Commitment to Drug Treatment and Drug Courts in NJ

After a long and well-publicized journey through the court system, Ed, the “NJWeedman” Forchion has been found not guilty on drug distribution charges. Originally from Jersey, living in California, and arrested on a trip home with a pound of pot, the NJWeedman made a name for himself by shaking the court system and challenging how things are normally done in the criminal justice system.

He was found guilty of 4^th degree possession in May but a mistrial was declared on his distribution charge back then. Now, he faces sentencing on the possession charge, but no further action on the accusation that he intended to sell his pot.

Forchion represented himself in all of his criminal proceedings within the Burlington County Superior Court, and he was often criticized and reprimanded by the judge for his “antics” in the process. He, in essence, wanted the jury to think how he thought about marijuana, and though he admitted the pound of pot was his, he argued he shouldn’t be penalized for possessing his “medicine.”

Forchion suffers from painful tumors in his legs and is a card carrying medical marijuana user in the state of California. He is also a Rastaman, part of the cultural and spiritual movement that considers marijuana a sacrament. His case marks the first of its kind where a jury was allowed to use the fact that a defendant was a registered marijuana patient in the New Jersey courts. Officially, New Jersey does not recognize medical marijuana registrations from outside states.

Throughout the trial, Forchion also tried to tell the jury about jury nullification, encouraging them that if they didn’t think the charges against him were moral or simply didn’t agree with them, they could acquit. The judge barred Forchion from having this discussion, though it may have been too late.

Jury nullification is a fascinating concept, growing in popularity in marijuana cases where juries simply aren’t interested in prosecuting pot smokers. It happened recently in New Hampshire.  And a recent 60 Minutes story on marijuana use in Colorado noted that juries there are also against prosecutors charging these types of cases.

Whether the jury considered their verdict an act of jury nullification, it isn’t completely clear, but what is clear is that victory prevailed in this case of a man who drives around in a van decorated with airbrushed marijuana leaves and admitted to eating marijuana cookies throughout the trial.

His case is significant because he was allowed to talk about his status as a medical marijuana user. It’s even more significant because he was ultimately acquitted on the charge that he intended to sell marijuana. The prosecution argued the sheer amount of pot found in his van was evidence of his intentions to sell it. Forchion said the amount simply meant he smoked, and ate, a lot of marijuana.

When you are charged with a marijuana offense, whether in New Jersey or California, the courts will play hardball. They want to ensure no one is getting around the medical marijuana laws that are in place. But, when the evidence is in your favor and with a sympathetic and intelligent jury, you could be vindicated.

If you are charged with a marijuana crime, contact us today to discuss your legal options. 

It’s said that addicts must “hit bottom” before they are ready to get better, and that they must want to get help before any attempts at treatment can be successful. But, what happens when an addict wants to get help, when they’ve “hit bottom” but no one is there to listen or assist them? What happens when there simply isn’t treatment available? [Read more…] about When Addicts Have Nowhere To Go But Jail