This year marked a historic moment for New Jersey drug law. In January, the governor signed a law legalizing the use of marijuana as a medicinal treatment. This makes New Jersey the fourteenth state to legalize the drug for medical reasons. With regard to who can use medical marijuana, the scope of the law is very narrow.
Eligibility for Medical Marijuana
As of now, only certain terminal diseases are eligible for medical marijuana. Patients that suffer from diseases such as cancer and AIDS, may be able to legally use marijuana for treatment if their health care provider gives them 1 year or less to live. Obviously, this is a much smaller group than the total number of patients suffering from these diseases. However, once the NJ Dept. of Health has the opportunity to articulate guidelines on medical marijuana use, the list of eligible patients may grow.
Growing is Still Illegal
It is also important to note under the new law that individuals may NOT grow their own marijuana. This ban remains regardless of whether or not the individual is eligible to use marijuana for the treatment of a medical condition. The purpose of this restriction, is to make sure that legally distributed marijuana goes through registered treatment centers. Further, those individuals who are taking care of patients eligible to use medicinal marijuana must undergo a background check.
Marijuana Stigma and Criminal Arrest
While historically, there has been a social stigma against the use of medical marijuana, typically it doesn't rise to the level of outrage that society has for other types of drug use. While use of marijuana for medical reasons may not invoke criminal penalty, there are other considerations. Therefore, in the event that you are arrested for possession of marijuana in New Jersey, it is important to discuss your options with an experienced New Jersey criminal defense lawyer prior to talking to the police.
From the author: Freehold Criminal Defense Attorney
