An article presenting an overview of New Jersey's anticipated medical marijuana/pot law authored by Frank T. Luciano, Esq., whose office is located in Lodi, New Jersey, For over 30 years, Mr. Luciano has represented numerous clients accused of drug offenses. He works in Bergen, Passaic, Hudson, Essex and Morris Counties.
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Medical Marijuana Laws


Today, there are approximately 13 states that have enacted laws to authorize the use of marijuana by people afflicted with special medical conditions. New Jersey seems to be on a forced march to adopt its own medical marijuana law. To the opinion of some, the movement is precipitated by a state poll conducted by a nationally known service that concluded in the Spring of 2006 that 86% of the citizen’s of the state approved a measure authorizing the use of medical marijuana.

This summer, the state’s Assembly adopted a bill titled the “New Jersey Compassionate Use Medical Marijuana Act.” (Act). The current version of the Assembly’s bill discloses some rather interesting legislative findings that include that marijuana/pot is beneficial for treating and alleviating pain and other symptoms associated with certain medical conditions and that the purpose of the Act was to immunize from criminal prosecutions users, distributors and growers who are sanctioned under the Act.

Other major components of the Act follow:

1. A person who is qualified under the Act (Qualified Patient) is one who has been provided with a written certification from a doctor that has a bonafide physician/patient relationship with the qualified patient. A “bonafide physician” is one that has an ongoing responsibility as a primary care-giver for the patient’s debilitating medical condition which is defined to include, among other things, seizure disorders, including epilepsy, glaucoma, intractable skeletal/muscular spasms, HIV, terminal cancer, cancer that results in severe chronic pain, nausea, vomiting, and MS. The certification needed to qualify a patient is a statement signed by a Bone Fide Physician that declares that the patient has a debilitating condition and is authorized to use marijuana for medical purposes.

2. A Qualified Patient’s possession of marijuana is limited to no more than 6 plants or an ounce of usable marijuana which is defined to mean dry leaves and flowers that does not include the seeds, stems, stalks or roots of the plant.

3. All Qualified Patients will be issued a registry identification card. Notably, simply because a person is in possession of this type of card does not, in and of itself, constitute probable cause to search the person or the person’s property or possessions

4. Only non-profit entities are authorized to “operate alternative treatment centers” (Center). A Center can acquire, possession, cultivate, manufacture, deliver and dispense marijuana. It can also possess and distribute other related supplies, including paraphernalia. The Act authorized at least two Centers in each of the northern, central and southern regions of the state. A patient may be registered at only one Center at any time. The government expects to maintain stringent guidelines for the Centers and the owners and operators of the Centers will be required to submit to a criminal history record background check.

5. A Qualified Patient, and sanctioned providers, or growers will be able to assert an affirmative defense for any criminal action arising from conduct associated with the growing, possession and distribution of marijuana, so long as their conduct conforms with the terms of the Act. The Act does not authorize a Qualified Patient to operate a motor vehicle, aircraft, boat or railroad train while under the influence of marijuana dispensed under the terms of the Act. Nor, will a Qualified Patient be allowed to smoke marijuana in a school bus, on school grounds, in parks, beaches, recreation centers, penitentiaries or moving motor vehicles.

6. No person who is in the presence or vicinity of medical marijuana used for medical purposes under the Act can be charged with construction possession or conspiracy to offend the criminal laws. Doctors, Centers, Qualifying Patients and certain others can not be subject to any civil or administrative penalty or denied any right of privilege for the use of marijuana dispensed under the Act.

7. A person who facilities the sale or transfer of a false or fraudulent document that will enable someone to obtain Qualified Patient status can be convicted of a crime of the fourth degree.




Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.

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Lodi, NJ 07644
Phone: (973) 471-0004
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