In a September 2015 ruling, a New Jersey Appellate Court upheld the initial decision of the State's Supreme Court regarding medical marijuana legalization. Although the New Jersey Compassionate Use Medical Marijuana Act legalized medical marijuana in 2010, the smell of marijuana is still probable cause and grounds for a warrantless search of a motor vehicle in New Jersey.

On January 7, 2012, George A. Myers was arrested for possession of marijuana. Initially, a State Trooper was responding to a report of gunfire in Fairfield Township, Cumberland County. As the State Trooper approached the scene he found a woman having a verbal altercation with Myers, who was parked in his car in the woman's driveway. The woman was shouting at Myers to remove the car from her driveway.

When the State Trooper approached the car he stated he smelled burnt marijuana. After searching Myers, the State Trooper found a handgun and a small amount of marijuana. George A. Myers was charged with second-degree unlawful possession of a handgun and “disorderly persons” offense for marijuana possession. Ultimately, following a plea agreement the state dismissed the marijuana charge, while Myers pled guilty to second-degree unlawful possession of a handgun without a permit.

The Truth About Possession & Driving Under the Influence

In January 2010, the New Jersey State Legislature signed into law the New Jersey Compassionate Use Medical Marijuana Act. By doing so, the NJ State Legislature legalized the medical use of marijuana for those people with certain medical conditions. The New Jersey Medical Marijuana Law, N.J. Stat. Ann. §24:6I-3 (2010), provides definitions pertaining to who is considered a qualifying patient, a primary caregiver, and what would be considered as a debilitating medical condition appropriate for the medical use of marijuana. In short, the NJ Medical Marijuana Law allows residents of NJ suffering from certain debilitating and life-threatening illnesses to use and possess medical marijuana with a doctor's authorization.

Even if you are a NJ registered marijuana medical use patient there are some instances in which the NJ Medical Marijuana Law is not applicable and you could be arrested. Similar to the case of the State of New Jersey v. George A. Myers, as discussed above, in New Jersey if a law enforcement official detects the smell of marijuana that provides probable cause to believe that the crime of unlawful possession of marijuana has been committed. In 2015, an expansion of the NJ Medical Marijuana Law, N.J. Stat. Ann. §§ 24-61-1-10 (2015), provided occurrences in which the law is not applicable. One example in which the New Jersey Medical Marijuana Law is not applicable is when a person is in actual physical control of any vehicle while under the influence of marijuana and that person can be charged with driving under the influence (DUI).

Long Beach Island DUI Defense Attorney

Do you think you have been falsely or inappropriately accused of medical marijuana use while driving under the influence? Need a marijuana medical use DUI attorney? Located in Point Pleasant Beach, NJ, Villani & DeLuca's DUI attorneys specialize in NJ DUI criminal cases. Call us at (609) 389-9470 to schedule your FREE consultation!