You might be surprised. Even though medical marijuana is legal in New Jersey, you can still be arrested for using it. And, if you’re suffering from a debilitating condition, it’s obviously the last thing you need.
According to the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), the law was enacted so that people suffering from allowed medical conditions didn’t have to worry about “arrest, prosecution, property forfeiture, and criminal and other penalties.” It would sound like people with medical marijuana cards should not have concerns about criminal prosecution. Unfortunately, there are some nuances that say otherwise.
Reasons You Could Be Arrested for Medical Marijuana
If you were authorized to use medical marijuana in New Jersey, you might already be familiar with the Department of Health’s informational materials. This is where you signed up for your medical marijuana card and chose a dispensary. Here you can find other details, including the Attorney General’s instructions to law enforcement regarding apprehension for medical marijuana.
The law allows police officers the right to secure information verifying that an individual has been authorized for medical marijuana use. Confidentiality is maintained concerning the patient’s qualifying conditions. The process is in place to allow confirmation of the validity of a medical marijuana identification card.
This would be the first step in proving the lawful possession of medical marijuana. To avoid accusations of unlawful conduct, medical marijuana users should keep the marijuana in the jar provided by the dispensary. This is similar to the expectation that prescription medications in pill form are placed in the vials from the pharmacy. Otherwise, you have no proof that you legally obtained the marijuana from an authorized dispensary. This alone could actually lead to an arrest. Here are some other reasons you could be arrested for medical marijuana:
- Operating a vehicle or heavy equipment of any type while under the influence of marijuana
- Possession of marijuana not legally obtained from a recognized dispensary
- Smoking marijuana in a prohibited location
- Suspicion that accused intended to distribute marijuana
- Smoking marijuana in a moving vehicle even if the patient is a passenger
It should be noted that medical marijuana users may smoke in parked vehicles. However, there are exceptions to this rule. For example, it is illegal to smoke marijuana in a stopped school bus or other means of public transportation.
If you have been issued a medical marijuana card in another state, you should know that your card does not make your use legal in New Jersey. You would have to apply and obtain a New Jersey Medical Marijuana Identification Card. The same is true for those who are authorized for medical marijuana in New Jersey. Your card is only legal in New Jersey.
Concerned about an Arrest for Medical Marijuana?
If you have been arrested and charged with possession of marijuana, you should seek experienced legal representation. The Law Offices of Beninato & Matrafaljo can provide you advice regarding the process. Contact us to schedule an appointment to discuss how we can help you.
