NJ Medical Marijuana Law: Will it Protect Me Against Drug Charges?

MORRISTOWN, NJ, December 20, 2012

The medical marijuana law, one of the strictest laws of its kind in the country, will only cater to a select number of residents and is highly restrictive as to who may obtain a prescription. While waiting for the first dispensary, some New Jersey residents became impatient and took matters into their own hands, for example John Ray Wilson of Somerset County. Wilson began manufacturing his own marijuana to alleviate the debilitating symptoms of multiple sclerosis. The end result: Wilson is now serving five years in prison.

Only 175 doctors are authorized by the State of New Jersey to issue these prescriptions under the program. These select doctors may only issue medical marijuana prescriptions to established patients. In addition, only patients with the following diagnoses are eligible for the program: multiple sclerosis, amyotrophic lateral sclerosis (Lou Gehrig's disease), terminal cancer, muscular dystrophy, and inflammatory bowel disease. The main point is that even people who suffer from the above listed conditions may not be able to obtain a prescription for medical marijuana; and for those who seek to obtain the drug outside the parameters of the law will be subject to drug charges.

In the case of John Ray Wilson, he began to grow marijuana at his home to treat the symptoms of MS as he was unable to afford health insurance and pursue traditional (legal) methods of treatment. Wilson was discovered in 2009 following a helicopter search that detected his plants. He was criminally charged with first degree maintaining and operating a production facility for manufacturing marijuana, second degree manufacturing (greater than ten but less than fifty plants), and third degree possession of psilocybin mushrooms.

Wilson was acquitted of operating a manufacturing facility, but was found guilty by a jury for manufacturing and possession of a controlled dangerous substance (CDS). He was sentenced to five years imprisonment on the first count and three years on the second count, to run concurrent. Wilson appealed the decision on three grounds: 1) the trial judge erred in his decision to deny the application of the "medical/personal use" exemption; 2) the judge erred in his decision to deny the disclosure of Wilson's MS to the jury; and 3) the imposed 5 year sentence was harsh and excessive.

First, the "medical/personal use" exemption developed out of New Jersey case law in an effort to shelter people who possessed CDS from manufacturing charges. It is not meant to protect people who use marijuana for medical purposed from criminal charges. The defense argued that the legislature intended the exemption to apply to all facets of manufacturing. As the law currently reads, manufacturing includes the "production, preparation, propagation, compounding, conversion, or processing" of a CDS, N.J.S.A. 2C:35-2. The court rejected the defense's interpretation, stating that his interpretation was too broad and that the legislature intended the exemption to apply only to individuals who were "preparing and compounding" the CDS for personal use. The court states:

The purpose behind the personal use exemption "is to avoid finding an individual liable for the . . . manufacturing [of] a [CDS] when the individual is already in possession of the controlled substance and is simply making it ready for use . . ."

Since the judge determined the defendant did not qualify for the medical/personal use exemption, as he had admitted to propagating marijuana plants, Wilson's second and third arguments were ruled inconsequential.

The Appellate Division affirmed the trial court's ruling. In addition, the Appellate Division affirmed Wilson's five year prison sentence, denying the accusation that the sentence was harsh or excessive. In New Jersey, manufacturing drugs is a second degree crime and punishable by five to ten years imprisonment. The trial court assigned the lowest sentence in accordance with the guidelines, even though there were several aggravating factors weighing against Wilson, such as a prior final restraining order (FRO) violation and multiple burglary and criminal mischief charges.

Wilson appealed to the New Jersey Supreme Court, but his certification was denied.

Wilson's case spurred an uproar among medical marijuana advocates, who feel that the outcome reinforces prejudicial attitudes and blocks the development of community acceptance for the medical use of marijuana. The open outrage led to the New Jersey Senate Judiciary Committee to pass a resolution urging Governor Chris Christie to grant clemency to Wilson. Christie refused to grant clemency, and in his response, questioned Wilson's diagnosis.

Fighting drug charges can be trying, especially if you are dealing with a physical or mental health condition. If you or a loved one has been charged with a drug crime, consult an experienced criminal defense attorney who is knowledgeable in the law and can provide the aggressive defense you deserve.

Website: www.njlawattorney.com