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How long does it take for Marijuana lab results to come back after request for discovery has been filed?

Warren, NJ |

I was arrested about 1 month ago and retained a lawyer the next day. He filed a request for discovery right away. My court date is in 2 weeks. We got the discovery back, but no lab results "yet". My lawyer said there would be an adjournment if the lab results were not back by my court date. I understand we need to wait for those results as it could significantly help my case (or hurt it). How long do I have to wait for the lab results? I want to get this over and done with. How long does the prosecutor have to produce evidence that it was actually marijuana?
Thank you for your answer.

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Attorney answers 4


It's always best to address any questions to your lawyer. Lab results can take a while and often do not come in with the initial discovery.


In NJ either the state police lab(s) will test the suspected narcotics or in counties with bigger budgets they will test in their own labs. Many municipal court prosecutors will not send suspected narcotics out to be tested unless you request a trial or specifically request the suspected drugs be tested because your defense is that the drugs were not really drugs at all. But the lab report has to be provided within a specific time period or it is barred. My position is that if the drugs were not tested, that is the prosecutors problem not my client’s. I request a trial. On the day of trial no lab = no drugs.

Legal disclaimer: This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.



Do you know how long the specific time period is that the lab has to come back with the results? I have court next week, and still no lab results, this will be now more than 60 days we are waiting. I don't want to drag this out any longer than it has to.


I agree with my colleagues. But you should object to the admissions of the results without the tech from the lab and all the supporting documents permitted by the case law.


I also concur with my colleagues. Mr. Cheser's advice about objecting is very important.

Any answers given here do not indicate the existence of an attorney-client relationship between you and me, or between you and my firm. In order for such a relationship to develop, I must be admitted to practice in your jurisdiction, you and I must countersign a retainer agreement, you must pay my fee, and we must speak in confidence. If all of these conditions are not met, I am essentially answering a hypothetical for the purposes of discourse.

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