Under New Jersey’s Criminal Code, the weigh of the substance in a distribution case will influence the seriousness of the crime and the resulting period of incarceration.  At times, a defendant will attempt to defend a distribution case by claiming that he did not know the weigh of the substance and, as a result, could not be subjected to the penalties identified in the more serious level of liability under the statute.  So, for example, a defendant may claim that since he believed that he sought to sell only 4 lbs. of marijuana/pot which is a third-degree offense, he can not be convicted of a second degree offense, if the actual weight of the marijuana/pot was over 5 lbs. 

The cases have concluded time-and-time again that ignorance as to the amount of the substance is not a defense.  While the government has a responsibility to establish the weigh of the substance as an element of the crime, the defendant’s knowledge of the quality and quantity of the drugs is not relevant.  Stated differently, while the government must establish the weight  of the substance to satisfy the grading provisions under the statute, it does not have to establish that the defendant knew how much he/she possessed.