• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Medical Marijuana – Truth About Possession and DUI!

February 26, 2016 by Carmine Villani

cannabis background macro close up
In New Jersey, marijuana commonly known as “pot” can be legally used to treat certain illnesses such as seizure disorders, HIV/AIDs, cancer, Inflammatory bowel disease, glaucoma and a variety of other diseases that cause pain or terminal illness. Patients as well as their designated caretakers are required to obtain Medical Marijuana Cards. Only two ounces of pot can be prescribed in a month to a patient who can obtain the medical marijuana from a New Jersey state-licensed dispensaries. The New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1 (CUMMA) was passed in 2010. It is a relatively new law and questions often arise regarding its impact on other areas of law such as driving under the influence (DUI) N.J.S.A 39:4-50 and possession.

New Jersey Medical Marijuana Law – Court Interpretation

In September 2015, a New Jersey Appellate Court passed a ruling in a case involving an arrest for unlawful possession of marijuana and a handgun. The police discovered these items during a search of a parked car that was triggered by the smell of pot. The defendant’s attorney sought to have the charges dismissed based on the Medical Marijuana Law. The main argument was that since pot is no longer contraband, i.e. illegal, the police search was not justified. The court however, did not agree with this contention and ruled that the search was legal.
The ruling in State vs. Myers says; “We hold that absent evidence the person suspected of possessing or using marijuana has a registry identification card, detection of marijuana by the sense of smell, or by the other senses, provides probable cause to believe that the crime of unlawful possession of marijuana has been committed.”
The ruling reinforced the use of odor for probable cause in New Jersey to initiate a search with the assumption that a crime is being committed. While making its decision, the court also noted that possession of pot without a medical marijuana card is a crime. The New Jersey Drug Possession (N.J.S.A. 2C:35-10) laws states that it is unlawful for any person to knowingly obtain or possess a controlled dangerous substance which includes pot.

Medical Marijuana Card Holders and DUI

Driving while intoxicated (DWI) or driving under the influence (DUI) are a violation of New Jersey state law under N.J.S.A. 39:4-50. The appellate court’s observations in regards to the case mentioned above, emphasizes and makes it clear that the New Jersey DUI law does not make any exceptions for Medical Marijuana Card Holders. If these card holders drive under the influence of pot, DUI charges can be filed. Whether or not the pot was legally obtained, is not going to make a difference. Those arrested for driving under the influence of pot still face the same legal ramifications as those arrested for drinking alcohol including suspension of driving privileges, fines, surcharges and intoxication driver resource center (IDRC) classes.

Call an Experienced NJ DUI Lawyer

Contact the experienced New Jersey DUI lawyers of Villani & DeLuca, P.C. If you have been charged with a DUI in New Jersey Call 732-965-3350 today for a FREE initial consultation. We represent clients throughout Ocean County, Monmouth County and all of New Jersey.

Categories: NJ DWI & Traffic Law Blog Tags: drug possession, dui, dui attorney, dui attorney nj, DUI vs DWI, DWI, medical marijuana, NJ Drug Possession Charge, pot

Primary Sidebar

Free Consultation

Recent Posts

  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey
  • Carmine R. Villani weighs in on Bruce Springsteen DWI in the New York Times
  • Villani & DeLuca Divorce Attorneys in Toms River

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757