The rules and regulations regarding the use of marijuana to treat medical conditions are still evolving in New Jersey. Legislation that applies to medical marijuana usage presently may not be the same in the future. As medical marijuana laws in Middlesex County change, you may want to take extra precautionary measures that may help you remain in compliance.
An experienced attorney could help clarify potentially confusing areas of regulation. This may decrease your chance of encountering legal trouble when exercising your ability to legally use medical marijuana.
Medical Marijuana in Middlesex CountyIn conjunction with New Jersey’s existing medical marijuana laws in Middlesex County, medical marijuana may only be ordered by a registered physician from an alternative treatment center that has been approved by the New Jersey Department of health. In New Jersey, there are currently six approved facilities. To become registered, a physician must typically meet the following requirements:
Medical marijuana can generally only be prescribed for certain specified illnesses in New Jersey. Such illnesses include cancer, Crohn’s disease, epilepsy, glaucoma, HIV/AIDS, multiple sclerosis, or muscular dystrophy. In addition, a registered physician may also prescribe medical marijuana for a patient with a terminal illness.
Under existing law, an approved person may only obtain a maximum of two ounces of usable marijuana every 30 days. In addition, patients are not generally allowed to obtain any marijuana from any source other than an approved alternative treatment center. This also excludes a person from being able to grow their own supply of marijuana.
How Federal Law May Impact Medical MarijuanaDespite the fact that numerous states have already enacted some type of medical marijuana legislation, it is important to remember that all forms of marijuana are still illegal under federal law. In fact, marijuana is still classified as a Schedule I drug under federal law. This is the same classification that applies to cocaine, heroin, and other controlled substances considered to have no medical value.
Although federal prosecutors may not bring charges against someone who is approved for the sale or use of medical marijuana, there is no guarantee that it could not happen. Moreover, several federal judges have already ruled that medical issues cannot be used as a defense when someone is charged under federal marijuana laws.
Potential Legal ConsequencesAlthough the state legislature is currently considering legislation that would legalize marijuana for recreational use in New Jersey, the penalties for any violation of the state’s current marijuana laws are still quite severe. Penalties commonly surround the areas of possession, cultivation, and distribution.
A marijuana possession violation for 50 grams or less could lead to a six month period of incarceration and may also include a fine of up to $1,000. When a possession violation exceeds 50 grams, a person may face 18 months of incarceration along with a fine of up to $25,000. Cultivating marijuana without proper licensing or approval could be severely penalized. A cultivation offense can result in anything from three to ten years in prions and thousands of dollars in fines.
Marijuana distribution offenses also may carry significant legal consequences. A person who is convicted of distributing less than one ounce may face up to 18-months in jail and a fine of up to $25,000. There are various levels ranging up to a distribution offense for 25 pounds or more could lead to up to 20 years in jail and a 10-year mandatory minimum. Additionally, this could include a massive fine of up to $300,000.
Learn More About Medical Marijuana Laws in Middlesex CountyMedical marijuana laws in Middlesex County are complex and likely to change in the coming years. Someone who is concerned about adequately following regulations surround medical marijuana use may strongly benefit from reaching out to a Middlesex County medical marijuana lawyer. Understanding legislation may severely reduce a person’s risk for experiencing legal issues. Call today to learn more.