Monday, September 28, 2015

Marijuana smoke is still probable cause...

Pot_smokeThe State of New Jersey has legalized the use of Marijuana under the 2010 passage of the New Jersey Compassionate Use Medical Marijuana Act with strict guidelines. This has come into question when deciding whether the odor or smoke of marijuana  still constitutes probable cause for search. The requirements for use of medical marijuana are clear, stating that the individual must have been prescribed medical marijuana by an authorized physician and entered into a state wide registry. Therefore, the court has ruled that if an individual is authorized to use medical marijuana, that individual would be recognized during a traffic stop by presentation of valid documents, therefore the search would not b e valid without other cause.

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