Marijuana Possession and a Conditional Discharge
I am always amazed at the number of "simple possession of marijuana" charges I see in municipal courts throughout the State of New Jersey. I guess there are a lot more smokers out there than I ever realized. Simple possession of marijuana usually refers to the "less than 50 grams" offense. This is a "2C" criminal charge which means it results in a permanent criminal record if convicted. These simple possession of marijuana charges are governed by N.J.S.A. 2C: 35-10(3) and N.J.S.A. 2C:35-10(4). Often, individuals who are caught smoking pot or with a pipe, bong, or other smoking instrument are charged not only with possession of drug paraphernalia but possession of marijuana based on the residue in the drug paraphernalia. Thus, even if you don't have marijuana on you but you are caught with the instrument which was used to smoke it, you are facing possession of marijuana charges as well.
Rather than merely plead guilty to a simple possession charge, which many individuals unfortunately do because they do not speak with an attorney, a defendant charged with simple possession is often eligible for a conditional discharge. This is a diversion which allows a defendant, who has never been in trouble before, to avoid this criminal charge on their permanent record. Essentially, the individual is given a one year probationary period where, if the individual stays out of trouble and is not arrested during the one year probationary period, the drug possession charge goes away forever. However, if the individual is arrested and charged with another offense, they are facing the original drug possession charge as well as the additional charges. In New Jersey, you are only allowed one conditional discharge in your life so use it wisely.
