Legal Blog

Maintaining or Operating a Marijuana Production Facility in New Jersey It Does Not Take Much Marijuana

Author Clark & Noonan, LLC
Posted June 16, 2017
Category Criminal Defense

Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.


Posted: August 12, 2009

A New Jersey man was recently charged with Maintaining or Operating a Marijuana Production Facility and Possession of a Controlled Dangerous Substance (Marijuana) with the intent to distribute in Cumberland County New Jersey.

Based on the charges, you would probably expect that extremely large amounts of marijuana and a sophisticated drug operation were uncovered but that was not the case. After someone consented to a search of the defendant’s New Jersey home, the police found only 15 marijuana plants and six ounces of packaged marijuana (0.375 lbs). According to the State Police, paraphernalia consistent with an indoor marijuana growing operation was also recovered.

In New Jersey, you can be charged with Maintaining or Operating a Marijuana Production Facility if your residence or another premise is used to grow more than five pounds of marijuana (not the case here) OR used to grow more than ten plants (5 too many in this case).

The five extra plants in this case converted this third degree possession with intent case to a first degree maintaining or operating a marijuana production facility. What that means for this defendant is that his sentencing options went from a potential and likely probationary sentence to 10 to 20 years in State prison with mandatory parole ineligibility time.

The sentencing guidelines for drug cases involving Maintaining and Operating a Controlled Dangerous Substance Facility or a Marijuana Production Facility can be complicated. Defending yourself at trial on a first degree charge requires an experienced criminal trial attorney.

If you have been charged with Maintaining and Operating a Marijuana Production Facility Contact Clark & Noonan, LLC for a free consultation at 732-333-3011. Our former prosecutors and certified criminal trial attorneys have handled thousands of serious drug cases. We will answer all of your questions. Whether you want to discuss a plea offer from the State or the best trial strategy available, we have the answers and can help.

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