Hartman Logo

Menu

Contact Us Today




    Firm Blog

    Top-Rated New Jersey
    Trial Attorneys

    Possession of Marijuana is No Longer a Crime. What Does That Mean to Me?

    is marijuana legal in njBecause possession of marijuana is no longer a crime, a police officers’ ability to stop, search, or detain you based on the smell of raw or burnt marijuana has been eliminated.

    If you are a pedestrian, a police officer may not stop you, request to search you, or even detain you based on the odor of burnt or raw marijuana. In addition, the odor of marijuana by itself does not establish probable cause to conduct a search in a marijuana possession case or even a low-level (fourth-degree) possession with intent to distribute marijuana case. This is true whether you are an adult or a juvenile.

    If you are pulled over in a motor vehicle, a police officer may not use the smell of burnt or raw marijuana alone as a reason to search your vehicle. An officer may investigate if there is probable cause to believe that the driver is operating the vehicle while under the influence, in violation of N.J.S.A. 39:4-50. If there is probable cause to arrest a driver for driving under the influence, the vehicle may be searched.

    If the driver is not found to be under the influence, the odor of marijuana alone, either burnt or raw, does not establish probable cause for a search of the car, or even the reasonable suspicion necessary to continue the stop. As a result, this means both the passengers and the car must be released once the initial reason for the stop has been addressed.

    You should contact Katie or Michael at Attorneys Hartman, Chartered to discuss your status under the new law. You can reach us at 856-393-6073 or by emailing us at ahartman@attorneyshartman.com.

    The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

    J.E.

    I was served with disciplinary charges at work which then developed into criminal charges. Katie explained each issue to me, and was able to resolve both the criminal case and my discipline! She was always available to me if I had questions and I am very happy with the outcome!

    I.D.W.

    After working with another attorney, who messed up my case, I hired Katherine Hartman to represent me. I found her to be sincere, trustworthy, knowledgeable and patient in explaining everything to me. In short, Katherine kept me out of jail and I would hire again! (Even though I hope I never have to see her again!)

    J.C.

    I highly recommend the Hartman Law Firm. Katie Hartman is a true professional, and an absolute advocate for her clients. She takes pride in making herself available for her clients in regards to questions or concerns relating to your case. She will leave no stone unturned!

    D.Y.

    I wish I could select a higher star rating. Our Company was assisted by Michael Mormando of Attorneys Hartman in a municipal case and we simply could not be happier with the way our case was handled. Michael was extremely knowledgeable and professional. He is a true master of his craft and we would highly recommend his services

    D.C.

    Katherine was such a pleasure to work with! She was very caring, responsive, and professional throughout my whole experience. I will continue to recommend her and her firm to all of my friends and family

    1/5
    Call Now