N.J. Admin. Code § 17:30A-13.11

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:30A-13.11 - Exemption from State criminal and civil penalties for the medicinal use of marijuana

(a) The provisions at N.J.S.A. 2C:35-18shall apply to any qualifying patient, primary caregiver, alternative treatment center, physician, or any other person acting in accordance with the provisions of the Act and this chapter.

(b) A qualifying patient, primary caregiver, alternative treatment center, physician, or any other person acting in accordance with the provisions of the Act shall not be subject to any civil or administrative penalty or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a professional licensing board, related to the medical use of marijuana as authorized under the Act and this chapter.

(c) Possession of, or application for, a registry identification card shall not alone constitute probable cause to search the person or the property of the person possessing or applying for the registry identification card or otherwise subject the person or his or her property to inspection by any governmental agency.

(d) The provisions of section 2 of P.L. 1939, c. 248 (N.J.S.A. 26:2-82), relating to destruction of marijuana determined to exist by the Commissioner, shall not apply if a qualifying patient or primary caregiver has in his or her possession a registry identification card and no more than the maximum amount of usable marijuana that may be obtained in accordance with N.J.S.A. 24:6I-10 and this chapter.

(e) No person shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for simply being in the presence or vicinity of the medical use of marijuana as authorized under the Act and this chapter.

(f) No custodial parent, guardian, or person who has legal custody of a qualifying patient who is a minor shall be subject to arrest or prosecution for constructive possession, conspiracy, or any other offense for assisting the minor in the medical use of marijuana as authorized under the Act and this chapter.

N.J. Admin. Code § 17:30A-13.11

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
Section was "Exemption from State criminal and civil penalties for the medical use of marijuana".