When Can I Use Marijuana in New Jersey?


New Jersey passed the New Jersey Compassionate Use Medical Marijuana Act in January 2010. With this bill, the New Jersey Legislature chose to legalize the use of medical marijuana, subject to certain requirements discussed below, given that medical research has found that marijuana can treat certain debilitating medical conditions.

The State Legislature in NJ noted that although federal law still prohibits the use of marijuana, in the Legislature’s view, New Jersey is not required to enforce federal law and could legalize medical marijuana subject to certain conditions. The following is a discussion of those conditions for legal medical marijuana use in the state. Notably, you cannot legally possess or use marijuana outside of the context of NJ medical marijuana laws. Doing so is a crime that may lead to criminal charges for marijuana possession, which our lawyers fight on behalf of clients in local Ocean County courts everyday. If you already are facing charges for possessing weed in Toms River, Point Pleasant, Brick Twp, Lacey, Manchester, Jackson, or another municipality at the Jersey Shore, call (848) 238-2100 to find out what you can do about it.

Can I Use Marijuana for a Medical Condition in Toms River?

Under New Jersey’s medical marijuana law, possession of marijuana is illegal unless you use it to treat certain debilitating medical conditions, including HIV/AIDS, cancer, glaucoma, Lou Gehrig’s disease, multiple sclerosis, muscular dystrophy, inflammatory bowel disease, seizures and spasms, including epilepsy, and any terminal illness that is likely to result in the patient’s death in one year or less.

In March 2018, the Legislature amended the medical marijuana law to also qualify chronic pain related to musculoskeletal disorders, migraines, anxiety, Tourette’s syndrome, and chronic pain of a visceral origin to the list of debilitating medical conditions.

Do I Need a Prescription for Marijuana in Jackson, NJ?

Having a debilitating medical condition alone does not qualify you to possess medical marijuana in New Jersey. You must also have a signed doctor’s statement verifying that your medical condition qualifies for medical marijuana treatment. This physician cannot be a person who simply meets you once and signs a doctor’s note for you, a practice accepted in certain other states. The doctor must be your physician—someone with an ongoing obligation to treat you and your debilitating medical condition, someone who has treated you multiple times, or someone who has been treating you for over a year. Your certification may expire within a 30, 60, or 90 day period, depending on your doctor and condition.

Thought I was Following Marijuana Rules in Ocean County, New Jersey

You must also register with the New Jersey Department of Health and Senior Services to legally possess medical marijuana. There is a registration fee of $100 at this time, although that amount is subject to change periodically. Once you complete the registration process, you will receive a Registry ID card. You must carry this card with you to legally possess medical marijuana to treat your condition. You must not use or possess medical marijuana prior to receiving your Registry ID card.

Had More Marijuana than I was Supposed to in Manchester NJ

The Compassionate Use Medicinal Marijuana Act only permits a patient to carry up to a certain amount of marijuana on a monthly basis. Currently, the legal possession limit is two ounces of medical marijuana in a 30-day period. The state government is considering amending this monthly limit, but it has not yet done so. In some cases, a person with too much marijuana in their possession will be arrested for intent to distribute marijuana simply because they were unaware of the limit. This underscores that the legal possession limit is subject to change, so it is important that you stay current on the law if you plan to use or carry medical marijuana.

If you find yourself in predicament of being charged with violating current New Jersey marijuana laws, you should avail yourself of all the possible options you may have to get these charges dismissed. Our marijuana attorneys in Ocean County, NJ have extensive experience assisting clients arrested for marijuana and we can help you. Contact us at (848) 238-2100 for more information.

With more than a decade of experience defending clients against criminal charges, founding partner William A. Proetta has successfully handled and tried thousands of cases, from DWI to murder. As a New Jersey native, he has focused his career on helping people in the area where he grew up, serving Middlesex, Ocean, Hudson, and Union counties.