After placing medical marijuana on the backburner for three months, and leaving many people suspicious that it would never come to fruition, Governor Chris Christie has given state officials the ok to get the program up in running, possibly by the end of the year. And he hasn’t only asked them to move ahead with the plan, but to “move forward as expeditiously as possible.”

Governor Christie had put the program on hold because he wanted to know for certain if state workers involved in the program would be vulnerable to federal prosecution, since selling and possessing marijuana is a federal offense. Following a memo released by United States Deputy Attorney general James Cole, he said he felt more confident that New Jersey workers would not be scrutinized by the feds.

Since the beginning of 2011, federal law enforcement has raided numerous dispensaries in other medical marijuana states. Warning letters were also sent out by the U.S. Justice Department to alert states that their legislation did not negate the federal controlled substances act, which still considers marijuana to be a Schedule I drug.

Cole’s memo didn’t explicitly state that state medical marijuana workers would be immune from investigation or arrest but gave Christie the feeling that they would remain unbothered if they stayed within the tight restrictions under the New Jersey medical marijuana program (referred to as one of the most restrictive).

Christie seems more dedicated than ever to getting the program in full swing. He said he would be disappointed if the dispensaries weren’t up and running by the end of the year. The president of Compassionate Care Foundation Inc, one organization planning on opening a dispensary in New Brunswick, says the best-case scenario is that they will be able to provide patients with their marijuana by right after Thanksgiving.

This news is hopeful for people suffering from chronic, debilitating diseases that would qualify for the drug. Those who have been recommended by their physician to participate in the medical marijuana program will be required to apply for an identification card and register with the state.

Although New Jersey will be the latest state to throw their hat in the medical marijuana ring, officials remain steadfast in their desire to keep the program as limited and as tightly controlled as possible. This could certainly mean that those not authorized to smoke under the medical marijuana program will face just as harsh if not more serious penalties than before.

If you’re facing marijuana charges, you will face the courts and you could go to jail. Contact my offices today to discuss your charges and what options may be available to you.

The Weedman is back in New Jersey to challenge the states marijuana laws, and try to keep himself out of jail. He faces charges of possession of marijuana with intent to distribute, after a car stop in April 2010.

According to PhillyBurbs.com, Ed “NJWeedman” Forchion was recent in New Jersey Superior Court, hoping to get his case dismissed on an illegal search and seizure motion. He was stopped for allegedly drifting four feet through a red light, and a subsequent search lead to the 1 pound of marijuana in the trunk. the judge denied the motion to dismiss, so the case will move forward.

That decision was not unexpected, and Forchion is continuing the case, representing himself, and has a unique legal challenge. As we noted before, he believes he can sway a jury based on the existing New Jersey marijuana statute that reads that marijuana has “no medicinal value”. He believes this law is legally invalid, since last year, then Governor Corzine signed a medical marijuana law. That law has still not effectively been put into practice.

If convicted for possession with intent to distribute marijuana in New Jersey, Forchion faces up to 10 years in prison.

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Update: More on NJ marijuana charges.

Ed Forchion is determined to challenge New Jersey drug laws, and by extension his New Jersey marijuana possession charge on Constitutional grounds. His legal theory is based on a reading of the new medical marijuana law, and believes his criminal charges give him standing to do so in court.

According to phillyburbs.com,  the man called “NJ Weedman”, believes that the drug possession law under which his was arrested may be invalid, since it states that “marijuana has no medicinal value”. Given the new limited medical marijuana use law in NJ, those laws appear to be in conflict.

Forchion now operates a legal marijuana dispensary in California, believes the New Jersey medical marijuana law is unfairly restrictive about the very limited legal uses for marijuana for medicinal purposes. He is a cult hero and activist for marijuana legalization, and is promoting his legal battle at his site njweedman.com.

As we noted before, Mr. Forchion faces serious criminal charges of marijuana possession and distribution, after a traffic stop in Burlington County. If convicted, he could face significant prison time for this indictable (felony level) offense.

The self proclaimed “Weedman” was arrested last week in Mount Holly as he was transporting a suitcase of marijuana is the trunk of his rental car. The man, who has incidentally ran for numerous public offices, is now facing charges of possession and distribution for the pound that was confiscated.

The “NJ Weedman”, as this story from the Philadelphia Inquirer states, believes the arrest was destiny and a future platform for him to fight what he believes are unconstitutional aspects of the marijuana laws in New Jersey.

Although he is a personal fan of marijuana, he is opposed to the medical marijuana legislation because he believes it violates the “equal protection” clause of the U.S. Constitution, only protecting certain people from prosecution for marijuana crimes.

Although it is unlikely the “Weedman” will successfully battle the new medical marijuana laws, his theories are interesting, if nothing else.

Marijuana laws are changing all over the country as states consider legislation for everything from medical marijuana to legalizing the drug altogether. Here in New Jersey, some residents have the mistaken opinion that medical marijuana will somehow decrease the seriousness of a pot charge.

Unfortunately, for everyday people charged of marijuana possession or even distribution, the new medical marijuana laws will do nothing. If anything, judges and prosecutors will be on the lookout to ensure the new laws don’t minimize the public’s perception of marijuana as a controlled substance.

Possession of marijuana, though less serious than possession of many other drugs, is still a serious criminal charge. Even for your first offense, you stand to face several months in jail. If you are accused of possession with intent to sell, those penalties go through the roof.

If you are charged with a marijuana offense, don’t take the law into your own hand. The Constitution guarantees your right to attorney representation for a reason. Call me today to discuss the details of your case.

In a move that would make New Jersey the one of the few states on the east coast to legalize medical marijuana, a bill easily cleared the legislature, and awaits the governor’s signature.

Governor Corzine has indicted that he will sign the bill before leaving office next week. Governor-elect Christie has indicated that he has some reservations with the legislation, but it appears the final version tightened restrictions and eased concerns that it could open the door to recreational marijuana use.

The law would only allow marijuana use for a specific set of diseases or chronic conditions, when prescribed by a doctor. Those ailments include ALS, AIDS/HIV, cancer, multiple sclerosis, muscular dystrophy, and neuralgia.

Advocates claim marijuana use can ease pain more safely and effectively in many case than much stronger and more dangerous opiates and pain killers.

Critics are concerned that any legalization will increase the likelihood that teens will experiment with marijuana, and other drugs.

The bill is considered far stricter than medical marijuana laws in California. In that state, the statute is loosely defined and patients can easily get marijuana for anxiety and undefined chronic pain.

Other states that also permit medical use of marijuana under some circumstances include Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

New Jersey marijuana laws are among the strictest in the nation, with tough penalties for illegal possession that can include jail time.