Shrewsbury Cannabis Law Attorney
Most people who search for a cannabis lawyer in Monmouth County want one of two things: to keep a lawful cannabis business, job, or license from being undermined by a paperwork or compliance problem, or to clear up an old marijuana charge that still shows up on their record. Sanvenero & Cittadino, LLC is a Shrewsbury-area law firm that handles business law, criminal and municipal court defense, expungement-related questions, real estate, and employment issues for clients across Monmouth, Ocean, and Middlesex Counties, which gives a Shrewsbury cannabis law attorney the range to address both sides of the issue.
Cannabis law in New Jersey is not a single subject. It touches criminal exposure, business formation, commercial leasing, contracts, and what happens to people who have an old conviction. The state’s adult-use framework came out of the November 2020 referendum and the CREAMM Act, signed in February 2021, and it created lawful space for adults and for licensed businesses. It did not erase every risk, and the gaps between what is legal and what is not are where most people get into trouble.
A few facts frame nearly every conversation. Adults 21 and older may possess up to six ounces of cannabis or cannabis products, or up to 17 grams of hashish, without criminal, civil, or delinquency penalties. A licensed dispensary can sell no more than one ounce of usable cannabis in a single transaction. Possession above six ounces is a fourth-degree crime carrying up to 18 months in prison and a fine of up to $25,000. Home cultivation is not permitted. And driving under the influence of cannabis is treated like drunk driving, with the same penalties.
Why Choose Sanvenero & Cittadino, LLC for Cannabis-Related Legal Work
Sanvenero & Cittadino, LLC represents individuals, families, and business owners throughout Shrewsbury and Monmouth County, including Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, as well as clients in Ocean County, Middlesex County, and across New Jersey. Cannabis matters rarely stay in one lane, and the firm is built around that reality: a coordinated team across business, real estate, litigation, criminal defense, and estate planning, rather than several disconnected offices.
Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions. That background is directly relevant to the commercial side of cannabis, where a lease, a contractor dispute, a vendor agreement, or an employment decision can matter as much as the license itself. Richard Sanvenero, Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney and former Family Part law clerk, which matters when cannabis use or a business interest surfaces in a custody or divorce case. Mike Canarick, Of Counsel and a tax and estate planning attorney, helps owners think through ownership structure and succession. Firm attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers.
Clients tell us the difference they notice is communication: calls are returned, and each step is explained in plain terms. For a business owner weighing a contract or a person trying to understand a charge, that clarity is often what the first conversation is really for.
Where Cannabis Issues Show Up for Shrewsbury-Area Clients
- Possession Charges Above the Legal Limit: Holding more than six ounces is a fourth-degree crime with up to 18 months in prison and a fine of up to $25,000. Municipal and Superior Court handling depends on the facts, and indictable complaints that begin in municipal court are forwarded to the Monmouth County Prosecutor’s Office.
- Cannabis DWI: Driving while impaired by cannabis is charged under the same DWI statute as alcohol, and the penalties match. A first offense can mean fines, license suspension, and ignition interlock requirements, which makes the stop, the officer’s observations, and any testing central to the defense.
- Marijuana Expungement: Marijuana and hashish offenses are expungeable under a provision of the 2021 decriminalization law. Many people with old charges do not realize they qualify, and a lingering record can still affect jobs, housing, and licensing.
- Cannabis Business Formation: Entity selection, operating agreements, and ownership splits need to be settled before a license application or investor conversation, not after. Disputes between co-owners over equity or control are among the most common and costly problems.
- Commercial Leases and Real Estate: Landlords and tenants dealing with cannabis uses need leases that address zoning, permitted use, and what happens if licensing falls through. Our real estate attorneys review and negotiate these terms for investors, landlords, tenants, and operators.
- Contracts and Vendor Disputes: Supply agreements, service contracts, and brand or sponsorship deals can go wrong quickly. A breach of contract claim in New Jersey generally has a six-year limit, but a contract may shorten it, so the written terms matter.
- Employment and Workplace Questions: Employers and employees both run into questions about testing, discipline, and what lawful off-duty use means in practice. Firm attorneys handle employment matters and can advise on policies before a dispute arises.
- Family Court Overlap: Cannabis use can come up in custody and parenting-time disputes, where a judge’s focus is the child’s best interests and safety. How use is documented and presented can shape the outcome.
What to Do If You Have a Cannabis Charge or a Business Problem Right Now
If you have been charged, the first thing to do is write down what happened while it is fresh: where you were, what was said, what was searched, and how much cannabis was involved. Quantity drives the analysis. Six ounces or under for an adult 21 or older is not a crime under state law, while anything above it is a fourth-degree offense. If the charge involves driving, do not discuss it with anyone other than your attorney, and keep every document you were handed, including any notice about your license.
Where your case goes depends on the complaint. Disorderly and petty disorderly matters and traffic summonses are generally handled in the municipal court for the town where the incident occurred. For clients in this area that may be the Shrewsbury Borough Municipal Court, the Shrewsbury Township Municipal Court (which holds sessions at the Red Bank court), the Red Bank Borough Municipal Court, the Middletown Township Municipal Court, or the Rumson Municipal Court, which also serves Fair Haven. Indictable complaints are sent to the Monmouth County Prosecutor’s Office and proceed in the Superior Court at the Monmouth County Courthouse in Freehold. Know which court has your case before you do anything else, because the procedures and the people involved differ.
Do not plead or sign anything before you understand what it does to your record. A resolution that looks small can carry consequences for employment, professional licenses, and immigration status. If you have pending charges, you cannot petition to expunge anything until they are resolved, so the order of operations matters.
For business owners, the practical advice is to get the structure on paper first. Before you sign a lease, take on a partner, or commit money, have the entity documents, ownership percentages, and exit terms reviewed. Keep copies of every application, correspondence, and agreement. If a dispute is already brewing, preserve emails and texts, and do not make unilateral changes to the arrangement that could later be characterized as a breach. A conversation early on is usually far cheaper than litigation later.
Cleaning Up an Old Marijuana Record
New Jersey has several routes to clearing a record, and which one fits depends on your history. Marijuana and hashish offenses can be expunged under a specific provision of the 2021 decriminalization law. Beyond that, the general expungement statutes set waiting periods: five years for an indictable conviction, or at least four years under a compelling-circumstances path, and five years for a disorderly persons offense, or at least three years in compelling circumstances. Municipal ordinance violations carry a two-year wait. Completion of a diversion program such as conditional discharge or conditional dismissal allows expungement after six months, and Recovery Court graduates can seek it immediately.
The Clean Slate process is different and broader. It requires ten years since your last conviction and since you paid fines and fees and completed probation or parole, and it carries no cap on the number of offenses. It is blocked, however, by convictions for the most serious offenses such as murder, kidnapping, sexual assault, robbery, and arson. Up to five disorderly persons offenses can be combined in a single traditional petition when there is no indictable conviction. Choosing the right path, and sequencing petitions correctly, is where an attorney earns their fee.
Cannabis and Driving: Why the DWI Stakes Are Real
Because cannabis impairment is prosecuted under the same DWI statute as alcohol, the penalty structure applies in full. A first offense with a BAC-based charge can bring fines in the hundreds of dollars, up to 30 days in jail, and license suspension, with ignition interlock requirements. A refusal to submit to a breath test carries its own consequences: a first refusal means a 7 to 12 month suspension with 6 to 12 months of interlock, a second means two years, and a third means ten. Drivers under 21 face separate penalties for any detectable alcohol, and commercial drivers can be charged at a much lower BAC. A DWI conviction is not a marijuana charge in name, but it is the cannabis-related outcome with the heaviest practical consequences for most people.
Cannabis Law Questions We Hear
Is cannabis legal in New Jersey?
For adults 21 and older, yes, within limits. State law allows possession of up to six ounces of cannabis or cannabis products, or up to 17 grams of hashish, without criminal or civil penalty. Sales happen through licensed dispensaries, which can sell up to one ounce of usable cannabis per transaction.
What happens if I am caught with more than six ounces?
Possession above six ounces is a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $25,000. The amount, packaging, and surrounding facts all affect how a prosecutor treats the case and what defenses are available.
Can I grow cannabis at home in New Jersey?
No. Home cultivation is not permitted under state law, regardless of how small the operation is.
Can I be charged with DWI for driving after using cannabis?
Yes. Operating a vehicle while under the influence of cannabis is illegal, and the penalties are the same as for alcohol DWI. The statute covers driving under the influence of narcotic, hallucinogenic, or habit-producing drugs, and the case turns on proof of impairment.
Can an old marijuana conviction be expunged?
Often, yes. Marijuana and hashish offenses are expungeable under a provision of the 2021 decriminalization law. If you have other convictions, eligibility depends on waiting periods and on whether any offense is on the list of serious crimes barred from expungement.
Can I expunge a record if I still have a case pending?
No. Pending charges make a person ineligible for expungement until they are resolved, so it is important to deal with open matters first and then plan the petition.
Does a cannabis conviction affect a professional license or job?
It can. Licensing boards, employers, and landlords may look at a record, and some consequences are separate from the court case itself. Because outcomes vary by field, it is worth raising your profession with your attorney before deciding how to resolve a charge.
How should co-owners of a cannabis-related business protect themselves?
Put ownership percentages, decision-making authority, capital contributions, and buyout terms in a written operating or shareholder agreement before money changes hands. Most partner disputes trace back to terms that were assumed rather than written down.
How long do I have to sue over a broken cannabis business contract?
Breach of contract claims in New Jersey generally carry a six-year limit running from the breach, not from when you discovered it. Sale-of-goods contracts governed by the UCC have a four-year limit, and a contract itself may set a shorter period if it is reasonable, so check the written terms early.
Can cannabis use affect a custody case in Monmouth County?
It can. Family Part judges decide custody on the child’s best interests, and child safety is a central concern. How and where a parent uses cannabis, and whether it affects supervision or the home environment, can be raised by the other side.
Is it worth hiring a lawyer for a small cannabis-related municipal charge?
Often it is, because the outcome can reach beyond the fine. A municipal resolution can affect your record, your license, and future expungement options, and an attorney can tell you whether the offense is really as minor as it looks.
Do I need a lawyer to open a cannabis-related business in the Shrewsbury area?
You are not required to have one, but entity formation, lease review, ownership agreements, and contracts are the pieces that most often cause trouble later. Getting them right at the start is far less expensive than fixing them in a dispute.
Serving Cannabis Law Clients Across Monmouth County and Beyond
From Shrewsbury and neighboring Red Bank, our attorneys represent clients across Monmouth County, including Rumson, Fair Haven, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park. We also serve business owners and individuals in Ocean County communities such as Toms River, throughout Middlesex County, and across New Jersey. Whether your matter belongs in a local municipal court, the Superior Court in Freehold, or a negotiation between business partners, the firm brings the criminal, business, real estate, and litigation experience to handle it from one team.
Talk With a Shrewsbury Cannabis Law Attorney Today
Whether you are trying to clear an old record, answer a charge, or build a cannabis-related business on solid legal footing, the right time to talk to a Shrewsbury cannabis law attorney is before a small problem hardens into a large one. Sanvenero & Cittadino, LLC can review your situation, explain where you stand under New Jersey law, and lay out realistic next steps. Call to schedule a consultation.