Under marijuana decriminalization enacted in New Jersey in 2021, possession of up to 6 ounces of marijuana is legal for adults. Even a juvenile would have to be in possession of more than 6 ounces of marijuana to warrant an arrest for possession alone.
A person under 21 years old who is caught with up to 6 ounces of marijuana in New Jersey is given a written warning on a first offense and advised of community-based support and services on a second offense. If a juvenile – under age 18 – is caught with up to 6 ounces, his or her parents will be notified.
You have cause to worry if your underage child is arrested on marijuana possession charges in New Jersey. It means he or she is alleged to have been in possession of more than 6 ounces of marijuana. For perspective, marijuana is typically sold by the ounce, and one ounce yields 30 to 50 cigarettes.
You need to take marijuana possession charges against your child seriously. If a judge adjudicates your child as guilty, he or she could face immediate detention and consequences that could harm the child’s future, including the loss of educational opportunities. If your child is facing marijuana possession charges in N.J., you should seek help from a knowledgeable New Jersey juvenile crimes lawyer as soon as possible.
Attorney Jason A. Volet is an experienced criminal defense lawyer and a former prosecutor who is certified by the Supreme Court of New Jersey as a criminal trial lawyer. He knows how to fight drug charges and navigate New Jersey’s juvenile justice system. He can meet with you and your child right away at our offices in Freehold or Neptune to review your child’s marijuana possession charge. Connect with us today to get started.
How Do New Jersey’s Marijuana Laws Apply to Minors?
Possession of more than 6 ounces of marijuana or hashish in New Jersey is a fourth-degree offense punishable by 18 months in prison and a fine of up to $25,000.
A conviction for possession within 1,000 feet of a school adds 100 hours or more of community service to the sentence and an additional fine, which increases according to the amount of marijuana found.
New Jersey police who encounter individuals under the age of 21 who are in possession of up to 6 ounces of marijuana can seize the drugs and issue a written warning. The officer is to provide written notification of such a violation to the parent or guardian of the juvenile, regardless of whether it is a first, second, third, or subsequent violation.
However, a police officer may not take a person under age 21 into custody unless doing so is required to issue a written warning or collect information necessary to provide notice to a parent/guardian.
Further:
- Officers who observe marijuana in plain view may not search a person under age 21 or their personal property or vehicle.
- Officers may not request consent to search from an individual who is under age 21.
- Officers may not use the odor of marijuana to stop an individual who is under age 21 or to search the individual’s personal property or vehicle.
- A K-9 dog trained to alert or signal its handler when it detects the odor of marijuana may not be used to establish reasonable suspicion for a stop nor probable cause for a search to determine potential illegal possession or underage possession or consumption of cannabis.
Police officers may not take an underage individual into custody for refusing to provide identifying information for the written warning. An officer cannot take an underage individual into custody for refusing to hand over marijuana unless the individual has engaged in some affirmative act of interference with the officer.
An officer may take a juvenile into short-term custody if the officer has reasonable grounds to believe the juvenile’s health and safety are in serious danger and taking the juvenile into immediate custody is necessary. This would include situations where the law enforcement officer reasonably believes the juvenile is under the influence based upon all available information, including physical observations. The officer must notify the juvenile’s parent or guardian in such circumstances.
What Happens After Your Child’s Marijuana Possession Arrest?
Police who arrest a child for marijuana possession in New Jersey can place the young person in a juvenile detention facility. Within 24 hours, a hearing must be held to determine whether to continue to keep the individual in custody. If the child is further detained, he or she is entitled to another review hearing within 48 hours. If the minor remains in custody, the minor is entitled to a review hearing within 14 days and then every 21 days after that.
If your child faces a simple marijuana possession charge, it is highly likely that he or she will not be placed in a juvenile detention facility for any lengthy period of time and will remain free at least until their adjudication hearing date.
If the child goes to a hearing and the judge enters a finding of delinquency, the child’s case will move to the disposition phase. The judge may order your child to be placed in a detention facility or may place your child on probation and require the child to comply with such conditions as:
- Paying fines and probation supervision fees
- Undergoing drug and alcohol counseling
- Being subjected to random drug testing
- Complying with a driver’s license suspension
- Performing community service
- Committing no other offense while on probation.
If a minor violates the terms and conditions of probation, a judge can revoke the probation, which would likely result in confinement in a juvenile detention facility.
How Can an NJ Criminal Defense Attorney Help Your Child After a Marijuana Arrest?
Attorney Jason A. Volet will aggressively protect your child’s rights if he or she has been arrested for marijuana possession. For instance, if the police violated your child’s right to be free from unreasonable search and seizure, which has expanded under the new marijuana law, Jason Volet can move to get the evidence thrown out, which could lead to a dismissal of the charge. The prosecution’s evidence may simply fail to establish that your child knowingly possessed the marijuana, which could also lead to a dismissal.
To discuss your child’s drug charges in more detail and learn more about how the experienced NJ juvenile drug offense lawyer Jason A. Volet can assist your child, contact us today and schedule a free, no-risk consultation.
About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
