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