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Is Marijuana Really Legal? What Should I Know?

July 17, 2019

Is Driving Under the Influence of Marijuana a Crime?Marijuana Legalization

Marijuana is slowly becoming legalized across the United States. Despite this, there are still many states fighting against it and many limitations still placed on it regarding possession and usage. It is important to understand if marijuana is really, fully legal. You should fully understand your state’s laws as well as drug laws at the federal level before making the decision to purchase or use weed. Informed decisions are crucial to keep your record clean.

Federal Versus State Legalities

Just because something is legal at the State level does not mean it is safe on the Federal level. Technically, at any time the government could request both Federal and State officials to crack down on marijuana use and distribution. Usually, however, the Federal government does try to back off when things at the State level are changing. Although marijuana is still illegal at the Federal level, chances are there wouldn’t be much enforcement in legalized states. If you upset a cop enough though, they could still technically have you charged for a Federal level crime.

States with “Prescription Only” Legalization Versus Full Legalization

It is important to understand that different states have chosen difference specifications under which marijuana is legal to have possession of and use. Essentially, some states have legalized weed for medicinal purposes while others have allowed full legalization by approving regular, recreational use. There are also rules on how much marijuana you can possess at one time and if you are legally allowed to grow it yourself.

Currently the only states to have fully legalized marijuana usage (both medicinally and recreationally) are the district of Washington D.C., Alaska, California, Colorado, Oregon, Washington, Vermont, Nevada, Michigan, Illinois, Massachusetts and Maine. As of March 2019, New Jersey lawmakers canceled the vote at the last second on a bill that would have legalized marijuana’s recreational use, due to not having the necessary votes in place.

As mentioned, some states only allow marijuana possession with a legal medical prescription from a doctor. New Jersey is one of these states. The other states include Florida, Louisiana, New Mexico, Utah, Arizona, Montana, Pennsylvania, New York, New Hampshire, Maryland, Delaware, Connecticut, Rhode Island, Arkansas, Oklahoma, Hawaii, Minnesota, Missouri, North Dakota, Ohio, and West Virginia. For more details on the laws detailing cultivation, number of plants, time limits, amount of prepared and usable, etc., click here.

Remember: If you are caught with marijuana in a state that only allowed it medicinally and you don’t have medical approval, you can and will be arrested and charged.

Heavy Counter-Movements Against Marijuana Legalization

Just because there is a marijuana legalization movement and many states are jumping on board does not mean it will always be this way. There is still a heavy counter-movement going on to fight this change in America and keep marijuana off the streets and out of the hands of Americans. Always be aware of drug legalization movements. Just because your state had it legalized does not mean it will always be this way. Informing yourself is half the battle.

Contact an Experienced Moorestown Drug Defense Attorney About Your Marijuana Drug Crime Charges in New Jersey

Have you been charged with a drug crime in New Jersey? A drug crime conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The Law Offices of Michele Finizio represents clients charged with marijuana use, marijuana possession, marijuana production, marijuana distribution, and related drug offenses in Evesham Township, Mount Laurel, Burlington Township, Willingboro, and throughout New Jersey. Call (856) 242-7300 or fill out our confidential online contact form to schedule a free consultation about your case. We have an office located at 9 E. Main St, Moorestown, NJ 08057.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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