Medical Marijuana Is Now Legal in New Jersey, But Don't Push Your Luck

May 14, 2011

The self-proclaimed "Wal-Mart of Weed" is coming to New Jersey.

A newly franchised marijuana superstore called "WeGrow" has plans to open up one of its 10,000+ square foot facilities in the Garden State later this year. While the store does not sell marijuana, it does provide assistance and merchandise to those who use and are licensed to sell medicinal marijuana, including showing them how to grow the drug hydroponically. (However, generally-speaking, drug possession is still largely illegal.)

WeGrow opened its flagship store in Oakland, California, under the name iGrow last year. In addition to the New Jersey store, there also are plans to open stores in Arizona, Colorado and Oregon.

The expansion of stores like WeGrow represents a shift in public attitude towards the use of medical marijuana in the United States. In the not-so-recent past, stores selling paraphernalia and other merchandise for marijuana use and cultivation did not advertise their services in connection with the drug out of fear of federal prosecution.

But as more states pass medical marijuana laws and use of the drug gains increased public support - a 2010 Gallup poll found that 46 percent of Americans approve legalization of marijuana - these types of stores are becoming less fearful of violating federal drug laws and more willing to openly advertise their relationship with marijuana cultivation.

Currently, 15 states plus the District of Columbia allow those with certain medical conditions to use medical marijuana.

New Jersey's Medical Marijuana Law

While stores like WeGrow may have plans to expand into New Jersey, whether they actually will has yet to be seen. New Jersey passed its medicinal marijuana law more than a year ago, but the state government is taking the process of implementing the law very slowly as it tries to avoid mistakes made by other states. In particular, the state government wants to limit the potential that the drug will be obtained based on questionable medical grounds by those wanting to use the drug recreationally.

To prevent this from happening, the New Jersey legislature passed one of the most restrictive medical marijuana laws in the country. Under the Compassionate Use Act, state residents legally can possess up to two ounces of marijuana if they have one of the debilitating medical conditions enumerated in the statute.

Examples of some of the medical conditions that may qualify for medicinal marijuana use include:
- Seizure disorders, such as epilepsy
- Intractable skeletal muscular spasticity
- Glaucoma
- HIV/AIDS
- Cancer
- Amyotrophic lateral sclerosis
- Multiple sclerosis
- Muscular dystrophy
- Inflammatory bowel disease, such as Crohn's disease
- Terminal illnesses with prognosis of less than one year to live

To legally possess marijuana, patients must have a valid prescription, which only can be written by a physician who has overseen the treatment of the patient's qualifying medical condition. The physician and the patient must register with the state's medical marijuana program. Each will receive a registry identification card, which is valid for two years and costs $200 (some patients with limited economic means may qualify for a reduced $20 registration fee).

Medical marijuana can only be purchased at one of six state-approved dispensaries, referred to as "Alternative Treatment Centers." Patients are not permitted to grow their own marijuana at home, share it with others, or purchase more than two ounces in a month. Smoking the drug in public or at the Alternative Treatment Centers is not allowed.

And Alternative Treatment Centers cannot make home deliveries. Patients who are too ill or do not have the means to travel to one of the centers can identify a primary caregiver who is authorized to pick up their prescriptions on their behalf.

The New Jersey Department of Health and Senior Services (DHSS) currently is in the rule-making process for the state's medical marijuana program, which includes selecting who will be authorized to grow and sell the drug at one of the Alternative Treatment Centers and how much the drug will cost. Patients are expected to be able to begin purchasing medical marijuana this July.

Non-Medicinal Marijuana, Other Drugs Remain Illegal

Even though New Jersey joined the growing number of states allowing those with serious medical conditions to use medicinal marijuana, this move does not represent a relaxation of the state's drug laws - and there remain many laws restricting drug use that could lead to a variety of drug charges.

Those who are caught with marijuana without a valid prescription or with other illegal drugs still will be charged with violating state - and possibly federal - drug laws. Drug charges carry harsh penalties, including jail time and heavy fines.

For example, those convicted of marijuana possession in New Jersey may be ordered to spend up to 18 months in jail, pay a minimum fine of $500, lose their driver's license and attend a drug rehabilitation program. Other factors can increase the potential penalties for drug offenses, including the type of drug, the quantity of the drug, whether the offender has a past criminal record, and whether the offender was arrested near a school.

For more information on defending against state or federal drug charges, contact an experienced criminal defense attorney today.

Article provided by Law Offices of John W. Tumelty
Visit us at www.johntumeltylaw.com