Maintaining or Operating a Facility for Growing Marijuana
One of the more extreme marijuana offenses in New Jersey is triggered when an individual maintains or operates a facility for producing marijuana. This charge requires the assistance of an experienced defense lawyer as it is a First Degree crime. The lawyers at our firm, the Law Offices of Marshall, Bonus, Proetta & Oliver, have over 100 years of collective experience defending individuals in NJ. We handle these cases in Monmouth County, Ocean County, Mercer County, Union County, Middlesex County and elsewhere in New Jersey. One of our marijuana defense attorneys would be happy to assist you immediately at 1-877-450-8301.
Law Governing Maintaining Premises Used for Production or Manufacturing of Marijuana
N.J.S.A. 2C:35-4 prohibits maintaining, operating, financing, promoting, or participating in maintaining or operating a facility used to produce marijuana.
The statute is limited to instances of greater than five (5) pounds or ten (10) plants. This is not the only element, however, necessary to prove a case under N.J.S.A. 2C:35-4. The elements which must be established are: (1) a premises, place, or facility was used for the manufacture of marijuana; (2) the quantity in question is greater than five pounds or ten plants; (3) the accused maintained or operated the premises; and (4) the defendant possessed an intent to use the premises for manufacturing or producing marijuana.
Since this offense is First Degree in nature, it carries ten to twenty years of imprisonment and bail restrictions. The marijuana manufacturing facility law also imposes a minimum parole ineligibility period of between one-third and one-half of the sentence imposed. Additionally, an extended term of imprisonment may be imposed if the accused was previously convicted of manufacturing, distributing or selling CDS. There is no eligibility for Drug Court or any other diversion program as this charge is First Degree.
If you have been charged with maintaining premises used for producing or growing marijuana, you are in a serious situation. Our defense team is available to discuss your case and we hope you consider us if you are looking for an attorney. Every lawyer at our firm has handled many marijuana charges and routinely appears in Courts throughout NJ including Monmouth County, Union County, Mercer County, Middlesex County, Ocean County, and Hudson County. Call us 24/7 at 1-877-450-8301 or contact us online.