As a New Jersey criminal defense attorney, I have helped countless clients charged with possession of marijuana avoid conviction. Possession of a Small Amount of Marijuana Under 50 Grams, under sub-section (4) of 2C:35-10 is one of the most common disorderly persons offenses a criminal lawyer encounters. Why? Because it is a very popular controlled substance, there is a very casual attitude about it’s use, and it has a strong distinct odor. This means that there are a greater number of people using marijuana than other controlled substances. Because of the casual attitude towards marijuana, people sometimes forget that it is in fact illegal, or resent having to behave in a secretive way about using it when they ought to be more discreet in order to avoid detection. Both raw, unburned marijuana, as well as marijuana smoke have a strong odor which permeates cars, hair, clothes, and even tends to linger outdoors. This gives law enforcement a big advantage in detecting the presence or use of the drug. All this translates into a large number of arrests. My office is located near Rutgers University. I have spoken to many Rutgers and New Brunswick police officers who candidly tell me how prevalent marijuana use seems to be, the high frequency with which they smell it, and how easy making those arrests are.
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