New Jersey Involved in Federal Arrest for Marijuana Distribution and Maintaining a Marijuana Production Facility
A massive seizure of marijuana plants, in excess of 1,000, was reported in the Star Ledger. The arrest was made in conjunction with a joint investigation involving the NJ State Police, Pennsylvania law enforcement, and the Drug Enforcement Administration ("DEA"). Approximately $100,000 in cash and 3 pounds of processed marijuana was also seized. It is believed that those arrested shall be charged with Marijuana Distribution, as well as Maintaining a Marijuana Production Facility. The case shall be prosecuted in Federal Court.
In accordance with New Jersey's drug distribution laws, possession of marijuana plants can have severe ramificatons. The penalties for this offense are stiff and include grading as a First Degree Crime to possess fifty (50) or more plants irrespective of the size of the marijuana growings. A crime of the First Degree carries not only ten (10) to twenty (20) years in prison, but automatically triggers the Brimage Guidelines. These guidelines set strict rules for plea offers and negotiations with those falling within its parameters.
As a practicing New Jersey Marijuana Distribution Attorney, I certainly appreciate the goal behind the NJ law concerning possession of marijuana plants. However, this regulation leads to extreme results in my view. For example, the high school senior who is growing small plants in the woods behind his house - should he be incarcerated for over a decade? I think most can glean my opinion in this regard. We will obviously have to continue this fight in our Courts as there is little likelihood of an amendment of this statute in my view.
