Kellen Winslow gets conditional discharge without a guilty finding in synthetic marijuana case

The case accusing former New York Jets tight end Kellen Winslow Jr. of possession of synthetic marijuana ended today when a municipal court judge granted him a conditional discharge, after refusing to dismiss the charge.

Under conditions set by East Hanover Municipal Court Judge Vincent Pirone, the charge against Winslow will be dismissed in a year without a guilty finding if he avoids arrest and meets regularly with probation officers.

Pirone rejected a motion by defense attorney Harvey Steinberg of Colorado, who argued the charge should be dismissed because the substance in question, Fubinaca, was not illegal under state or federal law when Winslow was arrested in November.

The federal Drug Enforcement Administration did not list Fubinaca as an illegal substance until February, Steinberg argued.

Winslow bought the Fubinaca legally, Steinberg said, adding, "Sniffing glue has the same effect as smoking marijuana."

Pirone, presiding in the joint municipal court in Hanover, responded in his ruling that a state law barring any substance that “mimics the effect” of marijuana was in effect at the time of Winslow’s arrest.

Fubinaca, found in Winslow’s Cadillac Escalade SUV in 14 plastic baggies with labels including “Funky Monkey” and “Mr. Happy,” has “a high potential for abuse and no medicinal purposes,” East Hanover Municipal Prosecutor Michael Calabro argued.

He added that glue, unlike Fubinaca, was not "manufactured to mimic the effects of marijuana."

Winslow was arrested on Nov. 19 after a woman told police she saw him masturbating in his SUV in the parking lot outside the Target store on Route 10 in East Hanover.

Winslow was not charged with lewdness, but police did find the synthetic marijuana in the vehicle. Winslow’s publicist later said he was just changing his clothes.

Even though they didn’t obtain a dismissal, Winslow and his attorneys said they were pleased with the outcome of the case.

“It’s almost as good as a dismissal,” said Steinberg, pointing out that Winslow will have no criminal record if he stays out of trouble for a year.

“Yeah, I’m happy, man,” said Winslow, 30. He said the outcome of the case allows him “for sure” to negotiate with other NFL teams.

Winslow is an unrestricted free agent after the Jets did not re-sign him after one year with the team and 10 years in the NFL.

Winslow, who lived in Madison while playing for the Jets, is now living in Austin, Texas.

“I need to train where it’s hot,” said Winslow, who will be required to report to probation officials in Texas.

Calabro, the prosecutor, said he was satisfied with the outcome of the case, saying it was typical for a first-time offender.

“We treated him like any other person here,” Calabro said. “The lesson is learned here by him.”


(nj.com)