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Criminal exemptions for medical marijuana in New Jersey

New Jersey may not be one of the states that has yet to legalize recreational use of marijuana but it does allow the legal use of marijuana for medical purposes. According to the New Jersey Courts, the New Jersey Compassionate Use Medical Marijuana Act provides people approved for participation in the state's Medicinial Marijuana Program an exemption from civil and criminal prosecution or liability related to the drug. It also protects physicians, Alternate Treatment Centers, caregivers and parents of minor patients from prosecution or liability related to the purchase or possession or transportation of marijuana or paraphenalia.

The law, however, does not protect people from being prosecuted for driving while under the influence of marijuana even if the marijuana was used for medical reasons. An officer cannot search a person's vehicle simply because the driver has a card showing approved participation in the MMP.

The New Jersey Department of Health explains that in order to be approved for the Medicinial Marijuana Program, a person's physician must provide a statement explaining the use and reason and then the patient must register with the state. A registration is valid for two years but a physician must provide updates in specific intervals in order for the patient to continue to receive marijuana.

No more than two ounces of marijuana may be used in a 30-day period by law. When sold, the drug is packaged in increments of one-quarter ounce at a time. Approval for use of medicinal marijuana requires a person to have a qualifying condition.




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Law Offices of Michael T. Nolan, Jr.
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