Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Since 2021, adults 21 and over may possess up to six ounces of cannabis in New Jersey, and possession of a small amount is no longer a criminal offense; most marijuana-only arrests in Bayonne are now unlawful. Everything else is still governed by N.J.S.A. 2C:35. Possession of any controlled dangerous substance in Schedule I–IV other than cannabis (cocaine, heroin, fentanyl, MDMA, prescription pills without a prescription) is a third-degree crime, indictable, with three to five years of exposure. Possession with intent to distribute is graded by the drug and the weight, from third degree up to first degree.
Bayonne Municipal Court keeps only the disorderly persons drug offenses: paraphernalia, being under the influence, failure to deliver CDS to police. Those are the cases where a first offender can get a conditional discharge under 2C:36A-1 and walk away with no conviction. The indictable cases leave for Superior Court, where the equivalents are Pre-Trial Intervention and, for people with a substance-use disorder, Recovery Court. Which room you end up in depends on the lab weight and the charging decision, and both can be challenged.
2C:36-2 · disorderly persons · Bayonne Municipal Court
2C:35-10(a)(1) · third degree · Superior Court
2C:35-7 · third degree with mandatory minimum · applies across most of Bayonne
2C:35-13, 2C:21-31
2C:35-10(b) · disorderly persons
2C:35-5 · graded by drug and weight · third to first degree
Over 6 oz possession or any sale outside a licensed dispensary
39:4-50 applies to drugs as well as alcohol
| Charge | Statute and grade | Maximum exposure |
|---|---|---|
| Paraphernalia; under the influence | 2C:36-2, 2C:35-10(b) · disorderly persons | 6 months jail, $1,000 fine, 6-month license suspension possible |
| Possession of CDS (non-cannabis) | 2C:35-10(a)(1) · third degree | 3–5 years prison, $35,000 fine |
| Distribution, under 1/2 oz cocaine or heroin | 2C:35-5 · third degree | 3–5 years prison, $75,000 fine |
| Distribution, 1/2 oz to 5 oz | 2C:35-5 · second degree | 5–10 years prison, $150,000 fine |
| Distribution within 1,000 ft of school property | 2C:35-7 · third degree | 3–5 years with mandatory parole ineligibility |
| Distribution, 5 oz or more | 2C:35-5 · first degree | 10–20 years, $500,000 fine |
Bayonne is eleven square miles with a police department that runs heavy traffic and narcotics enforcement along Route 440 and the Broadway corridor. That produces a lot of stops, and a lot of searches that do not hold up: a smell of cannabis is no longer probable cause in New Jersey, a consent search requires the officer to tell you that you may refuse, and an inventory search cannot be a pretext. New Jersey’s constitution gives more protection than the federal one, and we use it.
For first offenders in municipal court, we prepare the conditional discharge application before the first appearance so the case ends with no conviction. In Superior Court, we pursue PTI or Recovery Court where the client qualifies and challenge the lab weight and the distribution inference where they do not.
No, for adults 21 and over possessing up to six ounces. Possession over that amount, any sale outside a licensed dispensary, and possession by anyone under 21 can still be charged. Cannabis odor alone is no longer a lawful basis for a search.
A first-offender diversion under N.J.S.A. 2C:36A-1 for disorderly persons drug offenses heard in municipal court. You complete a supervision period, usually six months to a year, and the charge is dismissed with no conviction. It can be used once.
A drug conviction can carry a six-month to two-year license suspension, but since 2019 judges may waive it on a showing of hardship, and diversion programs avoid it entirely. We address this at sentencing in every case.
The State can charge constructive possession, but it must prove you knew the drugs were there and had the ability and intent to control them. Mere presence in the car is not enough, and this is a frequent basis for dismissal.
Drug-impaired driving charges under 39:4-50
Conditional discharge and the court at 630 Avenue C
Every charge heard in Bayonne, municipal or Superior Court
Ibrahim & Ibrahim Law Firm
910 Bergen Ave, Suite 203
Jersey City, NJ 07306
Directions from Bayonne · about 10 minutes via Route 440 and JFK Blvd
