Marijuana, a psychoactive drug derived from the cannabis sativa plant, is classified as a Schedule I controlled substance under federal law. This means it is strictly regulated by federal authorities. However, in recent years, many states have deviated from the federal prohibition and implemented their own laws allowing for certain marijuana-related activities.
Marijuana Control Under Federal Law
Under the Controlled Substances Act (CSA), the manufacture, distribution, dispensation, and possession of marijuana, with the exception of approved research studies, are prohibited. The definition of marijuana changed in 2018 to exclude hemp with a low concentration of THC. Despite this change, marijuana remains classified as a Schedule I substance.
Apart from criminal penalties for marijuana-related offenses, there are additional consequences under federal law. This can include firearms purchase restrictions as well as prohibitions relating to federal employment, some visas, military service, and federal housing.
State Cannabis Law And Policy Trends
Many states have enacted their own laws and policies regarding marijuana, even though these activities conflict with federal law. Some states actually legalized medical and/or recreational use of marijuana, while others have decriminalized it, reducing criminal penalties.
As of March 2023, 37 states, along with DC, Guam, Puerto Rico, and US Virgin Islands, have comprehensive laws allowing for medical marijuana use. Additionally, ten states permit limited access to low-THC cannabis or CBD oil. However, certain states like Idaho, Kansas, Nebraska, and American Samoa do not allow for any medical marijuana use.
Recreational marijuana has been legalized in 21 states (including NJ), the District of Columbia, Guam, and the Northern Mariana Islands. These states have eliminated state-imposed penalties for marijuana-related activities and established regulatory frameworks for its sale.
Decriminalization
Decriminalization involves reducing or removing criminal penalties for specific marijuana-related activities. Although it differs from legalization, decriminalization aims to mitigate punishment by replacing it with civil penalties, such as fines.
Federal Response To State Divergence
While state laws do not alter marijuana’s federal status or enforcement, the federal government has generally allowed states to implement their own marijuana laws. The Department of Justice (DOJ) has reiterated that marijuana remains illegal under federal law, but federal law enforcement has primarily targeted illegal marijuana trade networks.
Federal banking regulators have not issued formal guidelines regarding marijuana legalization, but the Treasury Department’s Financial Crimes Enforcement Network has provided guidance to financial institutions on serving marijuana businesses.
Limiting Federal Enforcement In States: Directives Through Federal Appropriations
Since 2015, Congress has included provisions in appropriations acts to prevent the DOJ from using funds to interfere with the implementation of medical marijuana laws in certain states. Federal courts have interpreted these provisions to protect individuals and organizations complying with state medical marijuana laws from certain federal prosecutions.
Selected Issues For Congress
The widening gap between federal and state marijuana laws presents various issues for Congress to address. These include the Schedule I classification of marijuana, financial services for marijuana businesses, federal tax concerns, oversight of federal law enforcement, and state implementation of marijuana laws.
Congress has several options, including maintaining the current policy, enforcing federal law, and dismantling state programs, implementing temporary restrictions on federal enforcement, or revising the definition of marijuana under the CSA. Congress may also choose to eliminate the policy gap by declassifying marijuana and repealing associated criminal provisions.
As states continue to legalize marijuana, the policy gap between federal and state laws expands. At present, no state has reversed its decision to legalize either medical or recreational marijuana.
New Jersey Marijuana Laws
In 2021, New Jersey made significant changes to its marijuana laws, allowing adults aged 21 or older to legally possess, produce, and sell certain amounts of marijuana for recreational use. However, it’s important to note that possessing marijuana beyond the allowed limits is still illegal and can result in criminal charges.
Possession Limits For Adults
If you are an adult in New Jersey, you are now allowed to use or possess up to 6 ounces of marijuana or 17 grams of hashish without facing criminal charges. This means that within these limits, you can freely enjoy marijuana for personal use.
Consequences Of Possessing Excessive Amounts
However, it is crucial to understand that possessing more than 6 ounces of marijuana or more than 17 hashish grams is deemed a fourth-degree crime in New Jersey. If you are found with quantities exceeding these limits, you could face serious consequences, including 18 months in prison and up to a $25,000 fine. It’s essential to be aware of the legal boundaries to avoid potential legal troubles.
Marijuana Charge Lawyer
If you’re facing a federal marijuana charge or a state marijuana charge in New Jersey, the time to secure top-notch legal representation is now. Turn to The Law Offices of Jonathan F. Marshall, where we bring over 200 years of combined legal experience to your defense. Our powerhouse team consists of 11 dedicated criminal defense attorneys, with seven of our members being former prosecutors – they know the ins and outs of the system and use that knowledge to your advantage. Not just that, four of our attorneys held directorial positions within the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division. They know how to counter strategies employed by the prosecution because they’ve been there themselves.
We are proud to have attorneys selected to the National Trial Lawyers Top 100 or Top 40 Under 40. This speaks to our reputation and the respect we command in our field. Additionally, two of our lawyers were chosen for the Super Lawyers Rising Stars 2021 list for New Jersey, a prestigious honor that recognizes only 2.5% of the attorneys in the state. And among our team is an attorney Certified by the NJ Supreme Court as a Criminal Trial Attorney. Under one percent of criminal lawyers in New Jersey have that distinction.
This powerful combination of experience, skills, and recognition makes The Law Offices of Jonathan F. Marshall your top choice when facing a marijuana charge. Our team has the skills and the commitment to fight for your rights and seek the most favorable outcome possible. Take the first step towards defending your future – call us today at (877) 534-7338 or contact us online.
Learn more about state and federal drug offenses in New Jersey.
