If my husband is on felony probation, can he be in trouble for possessing medical marijuana?

UPDATED: Jan 11, 2014

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If my husband is on felony probation, can he be in trouble for possessing medical marijuana?

He was recently arrested for an unpaid ticket issue during a traffic stop. When the officer arrested him, he searched the car (without permission) and found his friends medical marijuana prescription (he has MS and is licensed to carry the medical marijuana). Can he go to jail for this or is this something that could be plead in court and dismissed?

Asked on January 11, 2014 under Criminal Law, New Jersey


Kenneth Vercammen Esq. / Kenneth Vercammen

Answered 8 years ago | Contributor

judges typically dont send ill persons to jail. See http://www.njlaws.com/marijuana.html


f you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

With the ever changing laws regarding medical marijuana and whether or not your husband was consuming said item, you may wish to consult an attorney in your state to take care of the unpaid ticket and see if this could be dismissed. How much was found and was it only a prescription? Was he charged with possession or was there anything about the prescription violation (i.e., why did he have his friend's prescription).

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