With states like Colorado allowing recreational use of marijuana, others restrict the use for medical use only; it’s no surprise that legal action has come down hard against recreational users in those states. In New Jersey, the use of marijuana for medical purposes is the only way a person can legally use and possess this drug.
The punishment for being caught in possession without a documented medical necessity depends on the amount found. For less than 50g of the drug, you are potentially looking at a six-month jail sentence and a $1,000 fine. If you’re found with more than 50g, you could potentially face eighteen months incarceration with a fine up to $25,000.
It is legal, however, to have marijuana in your possession if you qualify for its medical usage and are registered with proper documentation for such.
The qualifying medical conditions are listed as follows:
- Amyotrophic Lateral Sclerosis (ALS)
- Cancer (includes chronic pain and any severe nausea associated)
- Crohn’s disease
- HIV/AIDS (includes associated chronic pain and severe nausea)
- Seizure and spasticity disorders
- Muscular Dystrophy
- Multiple Sclerosis
- Inflammatory bowel disease
- Other terminal illnesses in which the doctor has given the patient less than one year to live)
Those with one or more of the above conditions or diagnoses are eligible to obtain medical marijuana to help manage their chronic pain. All patients are limited to two ounces each month and are ineligible to request more if they use up their allotment before the month is over. For those with such a severe condition that it renders them incapable of administering the drug to themselves, a primary caregiver of eighteen years or older may help administer it. To be eligible as a primary caregiver, the person in question cannot have a felony drug offense and they must be a resident of New Jersey. He or she also is only allowed to be the caregiver of one patient receiving the medical marijuana at a time.
With other states slowly branching into more lenient marijuana possession laws, and four where recreational use is legalized, you may think that the seriousness of possessing it is no big deal. Remember that it’s still illegal in New Jersey and you can expect serious consequences if caught.
If you or a loved one has been charged with a drug possession offense, seek legal assistance. An experienced defense attorney can provide you with strategies that fit your particular situation. For an unparalleled defense, contact me, Robert E. DePersia II. I have the requisite knowledge to help you face your charge and obtain the best possible outcome for your personal situation. Give me a call and let me help you decide which course of action is right for your situation: (856) 795-9688.