Drug Laws

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.” [Read more…] about Governor Christie Gives Medical Marijuana a Green Light

Forty years after a drug conviction, Rasheed Abdul-Haqq is in his second term serving on the local Plainfield school board. But he stands to lose this position because of a new law that bans people convicted of certain crimes from serving on any school boards in the state. Abdul-Haqq has contacted the ACLU and states he will not leave his post willingly. [Read more…] about Unintended Consequences of New Ban on Drug Convicted School Board Members

In an effort to point out glaring problems with the New Jersey criminal code, the Drug Policy Alliance (DPA) released a study this week outlining some of the offenses and related penalties and how the public views their rationality. What they found is the law is extremely out of line with what the people of New Jersey see as just and this is largely due to lawmakers playing politics.

According to Crime and Punishment in New Jersey, 222 New Jersey residents were asked about their opinions regarding certain offenses and punishments as dictated by NJ law. In 90{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of the questions, the respondents said the punishment didn’t fit the crime and was instead too harsh.

A report in the Jersey City Independent reveals that the lead researcher for the DPA study, University of Pennsylvania Professor Paul Robinson, attributes the misalignment between public values and law to lawmakers jumping on the “crime du jour problem”. This refers to a lawmaker hearing of a particular case in the news, seeing as an opportunity to play to the public’s fear of crime, introducing “tough” legislation and getting it passed with little resistance.

This is nothing new and can be seen in the majority of crime bills that are passed, particularly the ones named after victims. No one wants to be a victim of crime but the haphazard method of writing and passing legislation based on singular high profile cases has resulted in many disparities within the New Jersey code.

The New Jersey criminal code was rewritten in 1978 and had 243 criminal offenses. Since that time an additional 407 offenses and sub-offenses have been added, many of them carrying penalties that simply don’t make sense when weighed against other, less serious offenses.

For instance, punching someone in the face can get you 180 days in jail. But merely attending a dog fight carries up to five years in prison. Again and again, the people of New Jersey showed researchers what was important to them and what should carry the harshest penalties only to find out the crimes and punishments, when compared to one another, made little sense at all.

What is the DPA hoping to gain from this study? Reform. While they haven’t said whether they want the entire criminal code rewritten or simply “fixed”, there’s no doubt that something needs to happen. They say they will be circulating the study to legislators in coming months and hoping to get support for massive changes to the criminal code.

Penalties often don’t make sense and there are many situations where someone faces an unusually harsh sentence for a crime that deserves little more than a slap on the wrist. When you are facing criminal charges and you are concerned about the penalties that may be doled out, consulting with an attorney is a smart first step. Contact my offices today for a free consultation on your case and to discuss what may be done to minimize the impact of these charges on your life.

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.

Update: The ban has made a significant difference in designer drug incidents.

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In a wave of legislation crossing the country, New Jersey might be the next state to ban what’s commonly sold as “bath salts” but is described as some to be a synthetic drug more dangerous than methamphetamines. Both the state Senate and Assembly are drafting bills to make this ban a reality.

[Read more…] about NJ Lawmakers Seek to Ban “Bath Salts”

Last year, New Jersey voters made their state the 14^th to legalize medical marijuana. But those in need of the beneficial effects of the plant still aren’t able to legally purchase it within the state. Lawmakers have debated and quibbled and still haven’t made voters’ wishes a reality. [Read more…] about One Year Later, Medical Marijuana Still Tied Up in NJ Legislature