New Jersey Medical Marijuana Laws June 2014

New Jersey Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

50 g. or less

Disorderly Person

6 months

$1,000

50 g. or more

Felony

1.5 years

$25,000

Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine.

Distribution

Less than 1 oz.

Felony

1.5 years

$25,000

1 oz. to 5lbs.

Felony

*3-5 years

$25,000

5 lbs to 25 lbs.

Felony

*5-10 years

$150,000

25 lbs. or more

Felony

*10-20 years

$300,000

Within 1000 feet of a school or school bus.

Felony

*3-5 years

$150,000

Includes possession with the intent to distribute.

To minors or pregnant women carries a double term of imprisonment and fine.

* Mandatory minimum sentence.

Cultivation

1 oz. - 5 lbs. (Less than 10 plants)

Felony

*3-5 years

$25,000

5 lbs. - 25 lbs. (10 plants - 49 plants)

Felony

*5-10 years

$150,000

More than 25 lbs. (50 plants or more)

Felony

*10-20 years

$300,000

* Mandatory minimum sentence.

Hash & Concentrates

Possession

Disorderly Person

6 months

$1,000

Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g.

Crime in the fourth degree.

18 months

$10,000

Manufacturing, distributing, dispensing, or possessing with intent of 5 g. - 1 lb.

Crime in the third degree.

5 years

$15,000

Manufacturing, distributing, dispensing, or possessing with intent of 1 lb. - 5 lbs.

Crime in the second degree.

10 years

$150,000

Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs. or more.

Crime in the first degree.

20 years

$200,000

Paraphernalia

Possession or use of paraphernalia.

Disorderly Person

6 months

$1,000

Sale of paraphernalia.

Felony

*3-5 years

$15,0

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New Jersey Medical Marijuana Facts

New Jersey Medical Marijuana Statistics and Marijuana Facts
New Jersey has sought to establish much tougher regulations than most states on the western United States. Senate Bill 119, the New Jersey Compassionate Use Medical Marijuana Act, easily passed the state House and Senate and was signed into law by Governor Jon Corzine in early 2010. However, once Governor Chris Christie replaced Corzine, he placed the program on hold until finally allowing it to proceed in June of 2011. The governor had confirmation that the federal government would not prosecute any state employees involved in administering the medical marijuana program; he never got it, but stated that he doubted this would happen and would thus allow the program to move ahead.
The act creates a mandatory medical marijuana registry that will issues New Jersey marijuana cards to patients suffering from seizure disorders like epilepsy, intractable muscle spasm diseases, severe chronic pain, glaucoma, HIV/AIDS, cancer, Lou Gehrig’s disease, muscular dystrophy, Crohn’s disease and related severe syndromes, as well as any terminal illness with a prognosis of less than a year of life. Conditions must also be “resistant to conventional medical therapy” in order to qualify.
NEW JERSEY MEDICAL MARIJUANA FACTS 2011:
• New Jersey patients are not allowed to grow their own marijuana, a fact that distinguishes NJ from most medical marijuana states.
• The New Jersey Department of Health and Senior Services administers the program and is expected to begin issuing marijuana cards in 2012.
• The law mandates the establishment of 6 non-profit “alternative treatment centers” which will supply medical marijuana to New Jersey patients. Any subsequent centers authorized by the state may be either non-profit or for-profit. All these centers will also be prohibited from doing home deliveries of marijuana and from carrying any cannabis food items in their menu.
• New Jersey doctors will need to specify the amount of marijuana that a patient will require and this is the exact amount that will be dispensed by the alternative treatment center. There is however a maximum limit of 2 ounces of usable cannabis per 30-day period.
• As of January 2014, there are 109 physicals from 19 out of 21 of New Jersey counties who have pre-registered with the state to participate in the medical marijuana program. In fact, only registered and DHSS verified doctors will be allowed to recommend medical marijuana and determine qualification.
NEW JERSEY MARIJUANA USE FACTS:
• Penalties for possession are severe, with a possible 6-month sentence and $1000 fine for just one ounce. This being the 4th harshest punishment for such possession in the nation.
• The arrest rate for marijuana is, however, the 30th in the nation. In 2007 there were 23,252 marijuana arrests out of an estimated base of 659,000 cannabis users.
• It was estimated that marijuana arrests cost New Jersey taxpayers a total of $352 million in 2006 alone.
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New Jersey Medical Marijuana Card
NEW JERSEY MEDICAL MARIJUANA CARD
Under the New Jersey Medical Marijuana law, patients will be issued medical marijuana ID cards (aka cannabis cards) through the New Jersey Medicinal Marijuana Program (NJMMP). The program was put on hold in April, but as of July 2011 Gov. Christie advised the program to move forward. Patients may not be able to purchase medical marijuana until the end of the year but in the meantime, the NJMMP has provided the following directions on applying for the NJ medical marijuana program:
STEPS FOR REGISTERING A PATIENT FOR THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES MEDICINAL MARIJUANA PROGRAM
 
1. The patient’s bona fide physician initiates the patient’s application via on-line registration at http://njmmp.nj.gov.
2. In order to register a patient, physicians need to first register with the Medicinal Marijuana Program (MMP) by clicking here.
3. In addition to their name and date of birth, physicians will need to enter their medical and CDS license numbers issued by the Division of Consumer Affairs (DCA) to complete their registration. Once physicians submit their registration, their applications will be verified and approved by MMP staff. Registration cannot be completed without both medical and CDS license numbers which will be verified by DCA.
4. Once approved, physicians can log in to their accounts and initiate patient applications. For each patient, the physician will need to provide the patient’s name, address, date of birth and debilitating medical condition. On submitting this information, a secure Patient ID is created.
5. The physician can print out the patient ID page and provide it to the patient to complete his/her application. Patients can either register on-line by clicking on “Patient Registration” (and entering the patient ID) at http://njmmp.nj.gov or completing their application and sending it by mail to the MMP. Please note that patient registration will begin later this year.
Note:  Physicians can update the patient statements themselves or create an account for their staff.
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New Jersey Medical Marijuana Laws
NEW JERSEY'S MEDICAL MARIJUANA LAW - EXCERPT
READ FULL TEXT
STATE OF NEW JERSEY
213th LEGISLATURE
An Act concerning the medical use of marijuana and revising parts of statutory law.
     Be It Enacted by the Senate and General Assembly of the State of New Jersey:
C.24:6I-1  Short title.
     1.    This act shall be known and may be cited as the "New Jersey Compassionate Use Medical Marijuana Act."
C.24:6I-2  Findings, declarations relative to the medical use of marijuana.
     2.    The Legislature finds and declares that:
     a.     Modern medical research has discovered a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999;
     b.    According to the U.S. Sentencing Commission and the Federal Bureau of Investigation, 99 out of every 100 marijuana arrests in the country are made under state law, rather than under federal law.  Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana;
     c.     Although federal law currently prohibits the use of marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington permit the use of marijuana for medical purposes, and in Arizona doctors are permitted to prescribe marijuana.  New Jersey joins this effort for the health and welfare of its citizens;
     d.    States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law; therefore, compliance with this act does not put the State of New Jersey in violation of federal law; and
     e.     Compassion dictates that a distinction be made between medical and non-medical uses of marijuana.  Hence, the purpose of this act is to protect from arrest, prosecution, property forfeiture, and criminal and other penalties, those patients who use marijuana to alleviate suffering from debilitating medical conditions, as well as their physicians, primary caregivers, and those who are authorized to produce marijuana for medical purposes.
C.24:6I-3  Definitions relative to the medical use of marijuana.
     3.    As used in this act:
     “Bona fide physician-patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care and treatment of a patient’s debilitating medical condition.
     “Certification” means a statement signed by a physician with whom a qualifying patient has a bona fide physician-patient relationship, which attests to the physician’s authorization for the patient to apply for registration for the medical use of marijuana.
     “Commissioner” means the Commissioner of Health and Senior Services.
     “Debilitating medical condition” means:
     (1)   one of the following conditions, if resistant to conventional medical therapy: seizure disorder, including epilepsy; intractable skeletal muscular spasticity; or glaucoma;
     (2)   one of the following conditions, if severe or chronic pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the condition or treatment thereof: positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or cancer;
     (3)   amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn’s disease;
     (4)   terminal illness, if the physician has determined a prognosis of less than 12 months of life; or
      (5)  any other medical condition or its treatment that is approved by the department by regulation.
     “Department” means the Department of Health and Senior Services.
     “Marijuana” has the meaning given in section 2 of the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c.226 (C.24:21-2).
     “Medical marijuana alternative treatment center” or “alternative treatment center” means an organization approved by the department to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of this act.  This term shall include the organization’s officers, directors, board members, and employees.
     “Medical use of marijuana” means the acquisition, possession, transport, or use of marijuana or paraphernalia by a registered qualifying patient as authorized by this act.
     “Minor” means a person who is under 18 years of age and who has not been married or previously declared by a court or an administrative agency to be emancipated.
     “Paraphernalia” has the meaning given in N.J.S.2C:36-1.
     “Physician” means a person licensed to practice medicine and surgery pursuant to Title 45 of the Revised Statutes with whom the patient has a bona fide physician-patient relationship and who is the primary care physician, hospice physician, or physician responsible for the ongoing treatment of a patient’s debilitating medical condition, provided, however, that such ongoing treatment shall not be limited to the provision of authorization for a patient to use medical marijuana or consultation solely for that purpose.
     “Primary caregiver” or “caregiver” means a resident of the State who:
     a.     is at least 18 years old;
     b.    has agreed to assist with a registered qualifying patient's medical use of marijuana, is not currently serving as primary caregiver for another qualifying patient, and is not the qualifying patient's physician;
     c.     has never been convicted of possession or sale of a controlled dangerous substance, unless such conviction occurred after the effective date of this act and was for a violation of federal law related to possession or sale of marijuana that is authorized under this act;
     d.    has registered with the department pursuant to section 4 of this act, and has satisfied the criminal history record background check requirement of section 4 of this act; and
     e.     has been designated as primary caregiver on the qualifying patient's application or renewal for a registry identification card or in other written notification to the department.
     “Qualifying patient” or “patient” means a resident of the State who has been provided with a certification by a physician pursuant to a bona fide physician-patient relationship.
     “Registry identification card” means a document issued by the department that identifies a person as a registered qualifying patient or primary caregiver.
     “Usable marijuana” means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stems, stalks or roots of the plant.
C.24:6I-4  Registry of qualifying patients, primary caregivers.
     4. a. The department shall establish a registry of qualifying patients and their primary caregivers, and shall issue a registry identification card, which shall be valid for two years, to a qualifying patient and primary caregiver, if applicable, who submits the following, in accordance with regulations adopted by the department:
     (1)   a certification that meets the requirements of section 5 of this act;
     (2)   an application or renewal fee, which may be based on a sliding scale as determined by the commissioner;
     (3)   the name, address and date of birth of the patient and caregiver, as applicable; and
     (4)   the name, address and telephone number of the patient’s physician.
     b.    Before issuing a registry identification card, the department shall verify the information contained in the application or renewal form submitted pursuant to this section.  In the case of a primary caregiver, the department shall provisionally approve an application pending the results of a criminal history record background check, if the caregiver otherwise meets the requirements of this act.  The department shall approve or deny an application or renewal within 30 days of receipt of the completed application or renewal, and shall issue a registry identification card within five days of approving the application or renewal.  The department may deny an application or renewal only if the applicant fails to provide the information required pursuant to this section, or if the department determines that the information was incorrect or falsified or does not meet the requirements of this act.  Denial of an application shall be a final agency decision, subject to review by the Superior Court, Appellate Division.
     c. (1) The commissioner shall require each applicant seeking to serve as a primary caregiver to undergo a criminal history record background check.  The commissioner is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable federal and State laws, rules, and regulations.  The Division of State Police shall forward criminal history record background information to the commissioner in a timely manner when requested pursuant to the provisions of this section.
     An applicant seeking to serve as a primary caregiver shall submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations.  No check of criminal history record background information shall be performed pursuant to this section unless the applicant has furnished his written consent to that check.  An applicant who refuses to consent to, or cooperate in, the securing of a check of criminal history record background information shall not be considered for inclusion in the registry as a primary caregiver or issuance of an identification card.  An applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
     (2)   The commissioner shall not approve an applicant seeking to serve as a primary caregiver if the criminal history record background information of the applicant reveals a disqualifying conviction.  For the purposes of this section, a disqualifying conviction shall mean a conviction of a crime involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10, or any similar law of the United States or of any other state.
     (3)   Upon receipt of the criminal history record background information from the Division of State Police and the Federal Bureau of Investigation, the commissioner shall provide written notification to the applicant of his qualification or disqualification for serving as a primary caregiver.
     If the applicant is disqualified because of a disqualifying conviction pursuant to the provisions of this section, the conviction that constitutes the basis for the disqualification shall be identified in the written notice.
     (4)   The Division of State Police shall promptly notify the commissioner in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this section is convicted of a crime or offense in this State after the date the background check was performed.  Upon receipt of that notification, the commissioner shall make a determination regarding the continued eligibility of the applicant to serve as a primary caregiver.
     (5)   Notwithstanding the provisions of subsection b. of this section to the contrary, no applicant shall be disqualified from serving as a registered primary caregiver on the basis of any conviction disclosed by a criminal history record background check conducted pursuant to this section if the individual has affirmatively demonstrated to the commissioner clear and convincing evidence of rehabilitation.  In determining whether clear and convincing evidence of rehabilitation has been demonstrated, the following factors shall be considered:
     (a)   the nature and responsibility of the position which the convicted individual would hold, has held, or currently holds;
     (b)   the nature and seriousness of the crime or offense;
     (c)   the circumstances under which the crime or offense occurred;
     (d)   the date of the crime or offense;
     (e)   the age of the individual when the crime or offense was committed;
     (f)    whether the crime or offense was an isolated or repeated incident;
     (g)   any social conditions which may have contributed to the commission of the crime or offense; and
     (h)   any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision.
     d.    A registry identification card shall contain the following information:
     (1)   the name, address and date of birth of the patient and primary caregiver, if applicable;
     (2)   the expiration date of the registry identification card;
     (3)   photo identification of the cardholder; and
     (4)   such other information that the department may specify by regulation.
     e. (1) A patient who has been issued a registry identification card shall notify the department of any change in the patient’s name, address, or physician or change in status of the patient’s debilitating medical condition, within 10 days of such change, or the registry identification card shall be deemed null and void.
     (2)   A primary caregiver who has been issued a registry identification card shall notify the department of any change in the caregiver’s name or address within 10 days of such change, or the registry identification card shall be deemed null and void.
     f.     The department shall maintain a confidential list of the persons to whom it has issued registry identification cards.  Individual names and other identifying information on the list, and information contained in any application form, or accompanying or supporting document shall be confidential, and shall not be considered a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.), and shall not be disclosed except to:
     (1)   authorized employees of the department and the Division of Consumer Affairs in the Department of Law and Public Safety as necessary to perform official duties of the department and the division, as applicable; and
     (2)   authorized employees of State or local law enforcement agencies, only as necessary to verify that a person who is engaged in the suspected or alleged medical use of marijuana is lawfully in possession of a registry identification card.
 
     g.     Applying for or receiving a registry card does not constitute a waiver of the qualifying patient’s patient-physician privilege...  Read Full Text .
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New Jersey Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in New Jersey
On January 11, 2010, the New Jersey State Assembly and Senate approved A804/S119, which establishes "The New Jersey Compassionate Use Medical Marijuana Act," which removed state-level criminal penalties on the use and possession of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by qualifying patients who obtain a recommendation from their New Jersey licensed physician. Patients will be issued ID cards by the New Jersey Department of Health and Senior Services and may designate a registered caregiver to assist in obtaining marijuana. New Jersey's medical cannabis law was the first Medical Marijuana State to prohibit home cultivation of marijuana and require patients to obtain a limited amount of marijuana at state-monitored dispensaries.
 
Read the full text of the New Jersey Compassionate Use Medical Marijuana Act here.
HOW TO BECOME A MEDICAL MARIJUANA PATIENT IN NEW JERSEY
1. You must be a resident of New Jersey.  
2. Your physician must register with DHSS to participate in the program, and must attest that you are undergoing treatment for an active debilitating medical condition, and may benefit from the use of medicinal marijuana to relieve symptoms. This must be a physician who has ongoing responsibility for your care. Patiens can find a medical marijuana doctor in New Jersey here.
3. Note: You may be required to bring a copy of your medical records to your marijuana evaluation appointment, indicating diagnosis of a qualifying condition as listed below. Learn how to request your medical records.
4. Once your physician has registered you with the DHSS as a qualifying patient, you must obtain a Medical Marijuana card from the NJMMP. Click here to learn how.
 
WHICH AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN NEW JERSEY?
Patients in New Jersey diagnosed with the following illnesses are afforded legal protection under the New Jersey Compassionate Use Medical Marijuana Act:
1. One of the following conditions, if resistant to conventional medical therapy: seizure disorder, including epilepsy, intractable skeletal muscular spasticity,or glaucoma;
2. HIV/AIDS or cancer, if severe or chronic pain, severe nausea or vomiting, cachexia or wasting syndrome results from the condition or treatment thereof;
3. Amyotrophic lateral sclerosis (Lou Gehrig’s disease), multiple sclerosis, terminal cancer, muscular dystrophy, or inflammatory bowel disease, including Crohn's disease;
4. Terminal illness, if the physician has determined a prognosis of less than 12 months of life.
MEDICAL MARIJUANA ACCESS
Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
Unlike other medical marijuana states, New Jersey medical marijuana law does not allow for the cultivation of medical cannabis.  Patients may only purchase a recommended amount of medical marijuana at one of the following state-monitored cannabis dispensaries:
·       Breakwater Alternative Treatment Center Corp. in Manalapan
·       Compassionate Care Centers of America Foundation in New Brunswick
·       Compassionate Care Foundation Inc., in Bellmawr
·       Compassionate Sciences Inc., in Burlington or Camden County
·       Foundation Harmony in Secaucus
·       Greenleaf Compassionate Center in Montclair
HOW TO CONTACT THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES
?Mailing Address:?Department of Health and Senior Services?P. O. Box 360, Trenton, NJ 08625-0360
Phone: ?(609) 292-7837
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New Jersey Medical Marijuana
New Jersey Medical Marijuana Laws, New Jersey Medical Marijuana Qualifications and General New Jersey Marijuana Information
The State of New Jersey has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued New Jersey Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in New Jersey to serve as a legal library to our users for legal reference of New Jersey's laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of New Jersey's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".
Since the New Jersey medical marijuana program is still changing their laws and new New Jersey medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the New Jersey medical marijuana program.
Please click a corresponding link to find out more about your New Jersey's Medical Marijuana Program.
NEW JERSEY QUALIFICATION
Find out Who Qualifies for Marijuana in New Jersey in our definitive guide of New Jersey's qualification guidelines. Read up on medical conditions that are covered under New Jersey's medical marijuana program, age restrictions, criminal conviction restrictions, and more.
NEW JERSEY MEDICAL MARIJUANA LAWS
Read New Jersey's Full Medical Marijuana Laws to gain full specific knowledge of New Jersey's exact legal guidelines without interpretation. We suggest that you print New Jersey's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into New Jersey's laws for his knowledge.
NEW JERSEY MEDICAL MARIJUANA CARD
Find out how to obtain a{n} New Jersey Medical Marijuana Card with our guide to New Jersey's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know New Jersey's requirements.

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