So I'm on vacation in NJ. Someone gave me a nug at a punk/reggae show. I put it in my purse. Didn't think to take it out - probably because I'm so used to being technically allowed to have it on me in CA b/c I'm a medical patient. Went to drop my friend off at his apartment at around 3am this morning. Cops appear with flashlights and start asking us a million questions. Said they were going to search my car even though we were obviously just sitting in the rental car having a conversation before he was going to go inside. So I have to get out.. he says the drug dog is there so if I have anything, now would be the time to tell him. I literally had the teeniest tiniest nug you could ever imagine... and what do they do? They arrest me. 3 charges - Possession under 50 grams (that wasn't even a half a grams worth of weed.... needing reformed laws much?), possession of paraphernalia (the plastic wrap the weed was wrapped around = paraphernalia *sigh*), and possession in a motor vehicle. I'm not quite sure what I need to do since I won't be here for my court date (scheduled for my birthday, no less). I figured I'll call the courts on Monday and see what they can do. The icing on the cake? Being hit on by the cop, who after releasing me asks to bum a cigarette off me and slips me his cell phone number. Oy. This is why I live in California, people. Such bullshit laws...
its not very wise to skip your court date but you know laws differ from state to state but pigs will always be pigs, charging you with more shit than actually went down.
at the very least... the cops were pleasant... funny even - cracking jokes... it was around 4am and i was sitting there - not handcuffed, just waiting for them to process paperwork and i said, "Hey can we hurry this up? It's almost 4:20." At least they had decent senses of humor - kept calling me Cheech, Smokey, etc.. lol
Damn, that sucks, sorry to hear that. On a lighter note, I long for the day when we may all feel comfortable enough to walk around and "not think about it" when carrying... If they could just give us at least decriminalization...
that's what affidavits are for. I live in California. I'm only here until Tuesday and I'm unemployed and going to school. I obviously have no way to be here for my court date. I'm hoping for a conditional discharge which includes a year probation in NJ and some fines... but not sure how that works when I'm a CA resident who can state-wise legally smoke weed
Seriously? What the hell, I've never even heard of that happening before Is it possible to use that in court? Police misconduct or something? Agreed, even if I ever had any reason to go to New Jersey, well now I'm just that more dissuaded
Him hitting on you and giving you his number is that not harassment? I don't know the actual law here in MN but I got caught with an 1/8th just a 100$ ticcket. Never too worried around these parts.
They really could have let you go if they wanted to, so I would not say they were being nice. I was pulled over once after purchasing 20 grams of cocaine from a housing project in Brooklyn, NYC -- the cop made me get out of the car and dump it into a sewer, and then gave me a warning. They could have easily let you go, I have had NY cops let me go, and let me keep my bud. One time my house was being searched (don't feel like going into the story) but basically the police were not finding much, some seeds, some shake, nothing really. One cop took a piece of tin foil out of my drawer, goes into the other room, grabs a seed, comes back and puts the seed in the middle of the tinfoil, looks at me and goes -- paraphernalia *click* *click* -- as he takes a picture of it.
Sorry, I find that offensive, those guys were pricks. I think there is a spot for legal help on the website as well. Hope it goes well for you. Did they really have the dog or just a scare tactic? From NORML website... New Jersey mandatory medical Incarceration Fine Possession50 g or lessmisdemeanor6 months$1,000More than 50 gfelony18 months$25,000Within 1,000 feet of schoolmisdemeanoradditional minimum 100 hours community servicedepends on quantityCultivationLess than 1 ozfelony18 months$10,0001 oz to 5 lbsfelony3 - 5 years$25,0005 to 25 lbs (or 10 to 50 plants)felony5 - 10 years$150,000More than 25 lbs (or more than 50 plants)felony10 - 20 years$300,000SaleLess than 1 ozmisdemeanor1 year$150,0001 oz or morefelony3 years $150,000Within 1,000 feet of school property or school busfelonyat least 1/3 - 1/2 of total sentence*$150,000Less than 1 oz within 500 feet of public housing or specified public areasfelonyadditional 3 - 5 years$15,0001 oz or more within 500 feet of public housing or specified public areasfelonyadditional 5 - 10 years$150,000To minors or pregnant femalesfelonydouble penaltydouble penalty*Mandatory minimum sentence.Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)Paraphernalia possession or usemisdemeanor6 months$1,000Paraphernalia salefelony18 months$10,000Paraphernalia sale to a person under 18 yearsfelony3 -5 years$15,000Details Possession of 50 grams or less of marijuana or being under the influence of marijuana is a disorderly persons offense, punishable by up to six months in jail and a fine of up to $1,000. Possession of greater than 50 grams is punishable by up to 18 month in jail and a fine of up to $25,000. Any possession within 1,000 feet of a school adds an additional 100 hours or more of community service to the sentence. Manufacture or distribution of less than one ounce of marijuana is punishable by up to 18 months in jail and a fine up to $10,000. For amounts of one ounce or more, the penalty increases to 3 - 5 years in prison and a fine up to $25,000. Manufacture or sale of five pounds or more or cultivation of 10 - 50 plants is punishable by 5 - 10 years in prison and a fine up to $150,000. For amounts of 25 pounds or greater, or cultivation of greater than 50 plants, the penalties increase to 10 - 20 years in prison and a fine up to $300,000. If you are growing marijuana and caught with over 10 plants, the presumption of operating a narcotics manufacturing facility occurs which is a 1st degree felony carrying 10- 20 years. Sale or distribution of marijuana within 1,000 feet of school property or on a school bus adds the imposition of a minimum sentence. For less than one ounce of marijuana, the minimum sentence imposed is between one-third and one-half of the total sentence or one year, whichever is greater. For one ounce or more, the minimum sentence imposed is between one-third and one-half of the total sentence or three years, whichever is greater. An additional fine of up to $150,000 may also be imposed for these violations. Sale or distribution of marijuana within 500 feet of public housing, a public park or a public building increases the possible penalties. For sale of less than one ounce, the penalty increases by 3 - 5 years in prison and a fine up to $15,000. Sale or distribution in these zones of one ounce or more is punishable by 5 - 10 years in prison and a fine up to $150,000. Distribution to minors or pregnant females increases the penalty to twice the possible sentence. Use or possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Distribution of paraphernalia is punishable by up to 18 months in jail and a fine up to $10,000. Any distribution of paraphernalia to a person under 18 years of age is punishable by 3 - 5 years in prison and a fine up to $15,000. Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section. Also see Federal Laws New Jersey - NORML
Wow. 50 grams is a hell of a lot more than >.5 gram... That is like a floor-score nug... Something you forget about... Damn. And paraphernalia for the plastic wrap??? That's absolutely bogus. This is a terrible story, I'm sorry for your misfortune. I'm not sure what the courts will do for you, being as how they already fucked you in the first place... But I'd love to hear about it when you find out. Bullshit laws, for sure.
Why did you have to get out of the car? What probable cause did they have to search? Your permission? So sorry you had to go through that crap. Watch this so you will be better prepared next time.... [ame=http://www.youtube.com/watch?v=gmrbNLt7Om8&annotation_id=annotation_621401&feature=iv]YouTube - 10 Rules for Dealing with Police[/ame] It's a 4 part video, click on the other links at the end of each. Peace...
Oh I'm 100% aware of my rights. Apparently that neighborhood was a "known drug neighborhood" - which it is - and I was driving a rental car with out of state plates - AND I smelled like weed apparently because I was in a room with some friends who were smoking - I should have been more careful. The cops never searched my actual vehicle but I saw the K9 in the car... so I knew the dog was there.. could hear him barking as well. I figured it was only a teeny tiny nug and it would be better to be honest. I had no clue the minimum law was 50 grams and under - super ridiculous. I figured, I've never been arrested for weed before so if anything it'll just be a lesson to not carry it on me in NJ. They were pleasant cops - joking and laughing - I didn't take offense to anything, even being hit on (the cop was cute, what can i say?)... it wasn't a BAD arresting experience at least. And saying the cop gave me his # would mean nothing because I was already released when he did that. This is more of a thread of me venting for being stupid and now having to pay fines. I have friends trying to figure out how to help me out by calling lawyer and cop friends to see what I can do since I'm an out-of-stater
Also, its my own fault. I was sitting in the car with the headlights on and the engine running having a little conversation with my friend before he went inside. Had I parked and walked up to the door with him I probably wouldn't have been popped. So I was totally calling attention to the vehicle when they pulled in... Ah well, lessons learned, right?
Couldn't you just leave the state and say fuck it? I mean it's a misdemeanor right? I thought NJ passed mmj so wouldn't you just be able to show your CA card and get off the hook?