Traffic Violations

Legal Challenges Facing Medical Marijuana Users

You have a right as a patient to use medical marijuana, but you will still face many legal challenges. Many of these come from outdated methods and lingering bias. Restrictions determine how and where you take your medication, but unfair practices may make it impossible to live your life while taking your medication.

medican marijuana photo
Photo by Gabriel Cote

Public Restrictions

While people can take most medication wherever they need to in public, medical marijuana users face more restrictions. Although medical marijuana is legal, users cannot partake in smoking the substance in certain public spaces like restaurants, gyms, stores, schools, etc. In general, this law follows the same bans as public intoxication. Do not make plans to go out shortly after taking your medication in case you get mistaken for being intoxicated. You must schedule your day around your dose. Otherwise, taking your medication could end in your arrest. While marijuana use on both the recreational and medical level is legal in New Jersey, you are only allowed to posses up to six ounces.

Faulty Testing System

Driving under the influence of marijuana is a public safety hazard. You face the same potential consequences as an alcohol DUI when driving under the influence of marijuana. However, police do not use the same tests they use for drivers suspected of drinking and driving. While it’s pretty easy to determine how much alcohol someone has in his or her blood, marijuana is not as simple. Many of its medical benefits stem from its lingering presence in users’ systems.

Blood alcohol levels have a direct correlation to inebriation, but traces of marijuana in users’ systems have no direct link with how high they are. As a result, the blood and urine tests upon which a DUI marijuana is based are inaccurate. This made sense when all marijuana was illegal. Any sign of marijuana in blood or urine was proof positive of consumption. Medical marijuana users, however, have a legal right to their medication. The testing system cannot reveal whether a user is inebriated or not, which is the entire basis of a DUI charge.

This means police often arrest and charge users for driving under the influence, even if the user hasn’t had any marijuana in days. Traces in your system may last for a week or more. Even if you block out your daily schedule to avoid driving under the influence, life will force you to leave your home eventually.

Public Bias

False positives play into prosecutors’ and judges’ political stances. Bias in the court system is inevitable, especially since the legalization of marijuana use is so new and controversial. Prepare yourself to battle not only the law but also public opinion. In order to win cases based on false positives from drug tests, you should choose an attorney in advance. Medical marijuana is an essential factor in your health and wellness. Established bias may threaten your rights as a patient.

To combat this bias, you will need an expert attorney. Leon Matchin is a proven defender of medical marijuana users. He has the tools and experience to give you justice. If you need an attorney right away, contact him at (833) 732-7320, or email him at To learn more about Leon Matchin, visit

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