Login Logout

free countersfree counters

Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

New Jersey Medical Marijuana

SUMMARY: Governor Jon Corzine signed the New Jersey Compassionate Use Medical Marijuana Act into law on January 18, 2010. As initially passed, the law was scheduled to take effect in July 2010. However, lawmakers in June amended the legislation at the behest of Republican Gov. Chris Christie to delay the enactment of the law until October 1, 2010. The law mandates the state to promulgate rules governing the distribution of medical cannabis to state-authorized patients. These rules shall address the creation of up to six state-licensed "alternative treatment centers." Patients diagnosed with the following illnesses are afforded legal protection under this act: cancer, glaucoma, seizure and/or spasticity disorders (including epilepsy), Lou Gehrig's disease, multiple sclerosis, muscular dystrophy, HIV/AIDS, inflammatory bowel disease (including Crohn’s disease), any terminal illness if a doctor has determined the patient will die within a year. Other conditions are subject to approval by the state Department of Health. Patients authorized to use marijuana under this act will not be permitted to cultivate their own cannabis, and are limited to the possession of two ounces of marijuana per month. Additional information on this measure is available here.

The medical use provisions in New Jersey do not include reciprocity provisions protecting visitors from other medical use states.

CAREGIVERS: Yes. Primary Caregiver is a person who has agreed to assist with a registered qualifying patient's medical use of marijuana. Primary caregiver cannot be the patient’s physician. Primary caregiver must be a resident of New Jersey. The primary caregiver can never have been convicted of a felony drug offense. The caregiver must be 18 years of age or older. The caregiver may only have one qualifying patient at any one time. N.J. Stat. Ann. §24:6I-3 (2010).

  • (Registration process for caregivers has not yet been determined.)

FOR MORE INFORMATION:

New Jersey NORML
http://www.normlnj.org

Coalition for Medical Marijuana — New Jersey
http://www.cmmnj.org/ 

New Jersey Penalties


Incarceration


Fine

Possession

50 g or less

disorderly persons offense

6 months

$1,000

More than 50 g

felony

18 months

$25,000

Within 1,000 feet of school

depends on quantity

additional minimum 100 hours community service

depends on quantity

Cultivation

Less than 10 plants

felony

3 - 5 years

$25,000

10 to 49 plants

felony

5 - 10 years

$150,000

50 or more plants

felony

10 - 20 years*

$300,000

*Mandatory minimum sentence.

Distribution or Possession with intent to distribute

Less than 1 oz

felony

18 months

$25,000

1 oz or more, but less than 5 pounds

felony

3 - 5 years

$25,000

5 pounds or more, but less than 25 pounds

felony

5 - 10 years

$150,000

25 pounds or more

felony

10 - 20 years*

$300,000

Within 1,000 feet of school property or school bus

felony

Parole ineligibility for 1/3 - 1/2 of total sentence*

$150,000

Within 500 feet of certain public property involving less than 1 oz

felony

3 - 5 years

$25,000

Within 500 feet of certain public property involving 1 oz or more

felony

5 - 10 years

$150,000

To minors or pregnant females

felony

double penalty

double penalty

*Mandatory minimum sentence with limited exceptions.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession or use

disorderly persons offense

6 months

$1,000

Paraphernalia sale

felony

18 months

$10,000

Paraphernalia sale to a person under 18 years

felony

3 -5 years

$15,000

 

Details

 

Any conviction for the offenses detailed above carries a mandatory $500-$3,000 fine and a 6 to 24 month driver's license forfeiture, unless the court finds compelling circumstances warranting an exception.

Possession of 50 grams or less of marijuana or being under the influence of marijuana is a disorderly persons offense, punishable by up to six months in jail and a fine of up to $1,000. Possession of greater than 50 grams is punishable by up to 18 month in jail and a fine of up to $25,000. Any possession within 1,000 feet of a school adds an additional 100 hours or more of community service to the sentence.

Manufacture or distribution of less than one ounce of marijuana is punishable by up to 18 months in jail and a fine up to $10,000. For amounts of one ounce or more, the penalty increases to 3 - 5 years in prison and a fine up to $25,000. Manufacture or sale of five pounds or more or cultivation of 10 - 50 plants is punishable by 5 - 10 years in prison and a fine up to $150,000. For amounts of 25 pounds or greater, or cultivation of greater than 50 plants, the penalties increase to 10 - 20 years in prison and a fine up to $300,000.

Subsequent convictions for distribution or possession with intent to distribute expose you to extended terms of incarceration with mandatory minimums.  For example, a second conviction for distribution or possession with intent to distribute one oz or more (but less than 5 pounds) will expose you to a 5 - 10 year sentence with a mandatory minimum period of parole ineligibility, as opposed to a standard 3 - 5 year sentence.

If you are growing more than 10 plants you can be charged with operating or maintaining a controlled dangerous substance production facility.  This is a 1st degree felony carrying 10 - 20 years of incarceration and a mandatory minimum period of parole ineligibility equal to 1/3 to 1/2 of the sentence imposed.  An additional fine of up to $750,000 may be imposed.

Sale or distribution of marijuana within 1,000 feet of school property or on a school bus adds the imposition of a minimum sentence, with limited exceptions. For less than one ounce of marijuana, the minimum sentence imposed is between one-third and one-half of the total sentence or one year, whichever is greater. For one ounce or more, the minimum sentence imposed is between one-third and one-half of the total sentence or three years, whichever is greater. An additional fine of up to $150,000 may also be imposed for these violations.

Sale or distribution of marijuana within 500 feet of public housing, a public park or a public building increases the possible penalties. For sale of less than one ounce, the penalty increases by 3 - 5 years in prison and a fine up to $25,000. Sale or distribution in these zones of one ounce or more is punishable by 5 - 10 years in prison and a fine up to $150,000.

Distribution to minors or pregnant females increases the penalty to twice the possible sentence.

Use or possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Distribution of paraphernalia is punishable by up to 18 months in jail and a fine up to $10,000. Any distribution of paraphernalia to a person under 18 years of age is punishable by 3 - 5 years in prison and a fine up to $15,000.



© DEMETER_MiMo2011-2019