Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY V. GEORGE A. MYERS -- rank: 1000

... registry identification card. N.J.S.A. 24:6I-6; N.J.S.A. 2C:35-18. The CUMMA defines a "[q]ualifying patient" as a State ... 6I-3. The CUMMA provides that "[t]he provisions of N.J.S.A. 2C:35-18 shall apply to any [registered] qualifying patient . . . acting in accordance ... see also N.J.A.C. 8:64-13.11. N.J.S.A. 2C:35-18, as amended by the CUMMA, provides that "[i]f conduct ... liability under this chapter or chapter 36[.]" Ibid. 9 However, N.J.S.A. 2C:35-18 also makes clear that persons claiming that exemption must show ... that his possession of marijuana was exempt under the CUMMA. N.J.S.A. 2C:35-18. Moreover, defendant had just operated and was in physical control ... is an affirmative defense, not an element of the offense. N.J.S.A. 2C:35-18(a). "There is nothing irrational about inferring that [a ...

docket:	a4295-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-08
status:	published
citation:	442 N.J.Super. 287 122 A.3d 994
Document Size:	53472

2 STATE OF NEW JERSEY v. JOSEPH HOLLEY -- rank: 996

... and are subsequently arrested and charged with possession of marijuana. N.J.S.A. 2C:35-18(a). The burden is on the defendant to prove the ... under no obligation to negate an exemption under CUMMA or N.J.S.A. 2C:35-18(a). Ibid. Possession of a registry identification card under CUMMA ... 442 N.J. Super. 287, 302 (App. Div. 2015) (citing N.J.S.A. 2C:35-18(a)), certif. denied, 224 N.J. 123 (2016). Defendant's ...

docket:	a5547-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	49342

3 STATE OF NEW JERSEY v. NAIM GRIFFIN -- rank: 949

... defendant asserted CUMMA's affirmative defense for lawful possession. See N.J.S.A. 2C:35-18(a). The court rejected defendant's argument and denied his ... are subsequently arrested and charged with possession of marijuana. See N.J.S.A. 2C:35-18(a). The burden is on the defendant to prove the ... has the burden to show the marijuana activity is authorized. N.J.S.A. 2C:35-18(a). We reject defendant's argument Myers stands for the ... see N.J.S.A. 24:6l-6(a) and N.J.S.A. 2C:35-18, when an officer develops reasonable articulable suspicion or probable cause ...

docket:	a0461-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-27
status:	Unpublished
citation:
Document Size:	46217

4 STATE OF NEW JERSEY v. SHANNON FIELD -- rank: 915

... are subsequently arrested and charged with possession of marijuana. See N.J.S.A. 2C:35-18(a). The burden is on the defendant to prove the ... under no obligation to negate an exemption under CUMMA or N.J.S.A. 2C:35-18(a). Ibid. CUMMA does not alter the established search and ... affirmative defense, not an element of the offense.' Ibid. (citing N.J.S.A. 2C:35-18(a)). Therefore, 'absent evidence the person suspected of possessing or ...

docket:	a4922-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	62878

5 STATE OF NEW JERSEY v. JAMES L. LEGETTE -- rank: 880

... order form' under that Act, which is an affirmative defense. N.J.S.A. 2C:35-18; see (continued) 30 A-1207-13T3 this probable cause arguably ...

docket:	a1207-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-18
status:	published
citation:	441 N.J.Super. 1 116 A.3d 32
Document Size:	76388

6 STEVEN KADONSKY v. STEVE C. LEE -- rank: 830

... conduct authorized under its provisions falls within the provisions of N.J.S.[A.] 2C:35-18 and [N.J.S.A. 24:6I-6] that provide ...

docket:	a3324-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-31
status:	published
citation:	452 N.J.Super. 198 172 A.3d 1090
Document Size:	119006

7 VINCENT HAGER v. MK CONSTRUCTION -- rank: 803

... but are nevertheless arrested and charged with possession of marijuana. N.J.S.A. 2C:35-18. The MMA also shields qualifying users of medical marijuana from ...

docket:	a0102-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-13
status:	Published
citation:
Document Size:	54109

8 Vincent Hager v. MK Construction -- rank: 756

... Compassionate Use Act, perhaps most notably, applies the provisions of N.J.S.A. 2C:35-18 -- which establishes an affirmative defense to criminal liability under state ...

docket:	a-64-19
court:	NJ Supreme Court
decided:	2021-04-13
status:
citation:
Document Size:	106406

9 Justin Wild v. Carriage Funeral Holdings, Inc. -- rank: 737

... terms. N.J.S.A. 24:6I-6(a) (2018); N.J.S.A. 2C:35-18. Plaintiff specifically alleged that his medical marijuana was prescribed for ...

docket:	a-91-18
court:	NJ Supreme Court
decided:	2020-03-10
status:
citation:
Document Size:	18573

10 JUSTIN WILD v. CARRIAGE FUNERAL HOLDINGS, INC. -- rank: 652

... registered but are subsequently arrested and charged with marijuana possession. N.J.S.A. 2C:35-18. It also shields qualifying users from civil penalties and other ...

docket:	a3072-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-27
status:	Published
citation:	458 N.J.Super. 416 205 A.3d 1144
Document Size:	44036

11 STATE OF NEW JERSEY v. BLAKE S. ELFAND -- rank: 552

... prove the affirmative defense by a preponderance of the evidence. N.J.S.A. 2C:35-18. Here, defendant has not produced any evidence that he was ...

docket:	a1064-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	unpublished
citation:
Document Size:	26075