Is it Illegal to Possess a Vape Pen in New Jersey?
Over the years vaporizer pens and e-cigarettes have become a common commodity in New Jersey and really throughout the United States. In there natural form, they are completely legal. However, it has become extremely common for “vape pens” to be altered and filled with THC Oil. When this occurs an otherwise legal item becomes illegal. Marijuana possession offenses have always been a beyond common charge that we see but over the years we have seen a tremendous increase in the number of THC oil vape pen charges. There is a common misconception out there that THC oil vape pens are undetectable. Law enforcement is well aware that “vape pens” are frequently altered and filled with illegal substances. As you will see below, depending on how the police decide to charge an individual, they could be facing a fourth degree indictable offense (felony) if they are caught possessing a THC filled vape pen.
Need a Lawyer for a THC Oil Filled Vape Pen Charge in Bridgewater?
Despite all the talk surrounding the legalization of marijuana, marijuana, including THC Oil is still an illegal controlled dangerous substance (CDS) in New Jersey. Police throughout the State, including throughout Somerset and Hunterdon County are still arresting those who are caught possessing marijuana and the prosecution is still aggressively prosecuting these types of cases. If you or a loved one has unfortunately been charged with possession of a THC oil filled vape pen, possession of drug paraphernalia, possession of marijuana or any other offense for that matter we strongly urge that you speak to an experienced criminal defense attorney as soon as possible. A criminal conviction for a drug offense will certainly have a negative effect on an individuals life. If you would like to speak to one of the criminal defense attorneys at Keith Oliver Criminal Law about your options then please contact our Bridgewater Office at 908-533-1064 or you can try contacting us online. Our office serves all of Somerset and Hunterdon County, including towns like Bridgewater, Readington, Clinton, Raritan, Bound Brook, Bedminster, Bernards, Watchung, North Plainfield, Hillsborough and South Bound Brook.
Is Possession of E-Cigarettes Filled with THC Oil a Felony?
If the police decide to charge an individual pursuant to N.J.S.A. 2C:35-5.3c then they will be facing a fourth degree indictable offense. A fourth degree indictable offense is considered a felony offense in New Jersey and if convicted the individual will be facing up to eighteen months in a New Jersey State Prison, a fine up to $15,000, a felony criminal record and up to a six month loss of license. With that being said, it is not uncommon for the police to charge an individual caught with a vape pen filled with THC oil to be charged under N.J.S.A. 2C:35-10a(4), which is considered a disorderly persons offenses (misdemeanor). If convicted under this version an individual with be facing up to six months in jail, a fine up to $1,000, a criminal record and up to a six month loss of license.
How Come I Have to Go To Superior Court For a Marijuana Vape Pen Charge?
If an individual is charged under N.J.S.A. 2C:35-5.3c then their case must be transferred to the Superior Court in the county where the incident happened. For example, if an individual is caught possessing a THC vape pen in Watchung their case would be transferred to the Somerset County Superior Courthouse in Somerville for disposition. Conversely, if the individual is charged under N.J.S.A. 2C:35-10a(4) then their case will be litigated in the local municipal court in the municipality where the incident occurred. So, in the example above, the individual would have to litigate the charges in the Watchung Municipal Court. The reason behind this is that all felony matters must be transferred to the Superior Court for disposition and all misdemeanors are litigated in the local municipal court.
Charged with a Marijuana Vape Pen in Hillsborough NJ
As you can see from above a marijuana vape pen charge is not something to take lightly. The ramifications if not handled properly can be severe. If you have unfortunately been charged with this type of offense or any other drug offense for that matter in Somerset or Hunterdon County, the Keith Oliver Criminal Law can help. Our office has been defending those accused of drug offenses like the possession of marijuana, the possession of cocaine, the distribution of heroin and possession of marijuana with the intent to distribute in towns throughout New Jersey for years.