Posted On: April 6, 2009 by Lependorf & Silverstein

New Jersey Marijuana Cultivation Case Denied Dismissal by Superior Court Judge

An article published on NJ.COM explains how a Superior Court judge refused to dismiss charges against a Somerset County man accused of growing 17 medical marijuana plants at his home. The man grew the plants, he says, because he suffers from multiple sclerosis and the drug alleviates his symptoms.

John Ray Wilson, 26, has been accused by the state of first-degree maintaining or operating a drug production facility, second-degree manufacturing and marijuana possession. If convicted, he faces up to 20 years in prison.

This case spotlights the New Jersey Compassionate Use Medical Marijuana Act, which is currently being considered by state legislators. The bill would legalize the drug for medicinal purposes and give those suffering from debilitating diseases access to the drug.

Wilson has not been accused of selling the substances, but he is accused of cultivating more than 10 plants, some of them up to 6 feet tall, behind the home he rented on Skillmans Lane.

In crafting his decision, Superior Court Judge Robert Reed disagreed with defenses argument that the statute is overly broad and vague and was never intended to penalize someone who was growing the marijuana for personal use.

“Production includes the manufacture, planting, cultivation, growing or harvesting of a controlled dangerous substance”, he said. “The language of the statute is clear; there is no personal use exemption for ‘cultivation’ of marijuana,” Reed wrote.

New Jersey state law imposes severe penalties on individuals convicted of marijuana cultivation. Even if you’ve grown less than an ounce of pot, you can still be charged with a felony, forced to serve 18 months in prison, and ordered to pay a hefty fine. If you have been arrested for misdemeanor or felony marijuana cultivation in New Jersey, please contact our aggressive Princeton marijuana cultivation defense lawyers.