Author: ARLnow.com Sponsor

By drug crimes attorney John B. Fabriele, III, who is barred and practices in the state of New Jersey, with John B. Fabriele, LLC.

Legislators in both the New Jersey House and Senate have introduced bills that would legalize the recreational use of marijuana, a move that would make New Jersey the tenth state to allow citizens to possess and use the drug.

The bills, which are not identical, both seek to achieve the goal of allowing New Jersey citizens to legally possess small amounts of marijuana while also creating the framework for production and sale of the drug.

Differences in the bill include the number of authorized “dispensaries,” which is where the drug would be sold, whether individuals can legally grow the plant in their homes, and the tax rate assessed on sales.

“Ultimately, however, the bills align with the stated goal of New Jersey Governor Phil Murphy, that being the legalization of marijuana,” said John B. Fabriele, III, a New Jersey Drug Crimes Lawyer. “Regardless of the outcome, individuals need to remember that marijuana continues to be a Schedule I narcotic under Federal law, meaning that transportation of legally-obtained marijuana across state lines can result in Federal drug charges.”

The conflict between Federal and state laws related to marijuana continue to be a problem. The reason is the concept of “preemption”. Article IV, Clause II of the United States Constitution is what is commonly called the Supremacy Clause, and it says that the Constitution and the laws of the United States are the “Supreme law of the land,” and that any state law that conflicts with Federal law is without effect.

Marijuana is considered by the Federal government to be a Schedule I drug, making its use and possession illegal, and under the Supremacy clause, any state law to the contrary may be invalid.

Federal law enforcement has, by and large, allowed states to carry out this legalization without interference or attempts to override state legislation.

What they have not done, however, is change Federal law, so anyone who is in possession of marijuana in accordance with State law is in violation of Federal law. If you were to transport that marijuana across state lines, or enter a location governed by Federal law (like an airport), you would be subject to Federal prosecution.

If New Jersey moves forward with legalization of marijuana, individuals who intend to take advantage of the change need to be acutely aware of how, when and where they possess and use the drug, and know their rights in terms of use and possession.

Lack of knowledge about a law is never a defense, and as it stands right now marijuana use and possession is still illegal in New Jersey and the United States overall. If that changes in New Jersey, be sure you understand how it has changed before you put yourself in a situation where your lawyer must explain it to you.

By disability attorney Lawrence Disparti, who is barred and practices in the state of Florida, with the Disparti Law Group.

As the unfair stigma that so often followed people with disabilities begins to slowly fade, companies are recognizing that not only is this a new clientele, but that they have an opportunity to provide access to services that will allow individuals with disabilities to be much more involved in their own day-to-day responsibilities.

Voya Financial, the banking and investment firm that was once AIG, has begun focusing on these individuals by encouraging them to apply for other services such as SSI and SSDI based on their answers to certain questions.

In addition, Voya will provide access to databases that have information on myriad governmental programs and their standards for qualification.

“Changes like these are incredibly important,” said Lawrence Disparti, a Florida Disability Attorney with the Disparti Law Group. “Individuals that become disabled later in life or are born with a disability deserve every opportunity to live fulfilling, independent lives. Providing them with financial services geared to their needs, just like every other financial service, ensures the opportunity to do just that.”

One of the most important changes has been the passage of the ABLE Act. ABLE, which stands for “Achieving a Better Life Experience” is a change in the law as it relates to the ability of individuals with disabilities who receive needs-tested government assistance to accumulate assets.

The ABLE Act allows individuals to establish qualifying accounts that can accumulate balances more than many of the means-tested program limits with disqualifying these individuals for the services they need to continue living independently.

ABLE accounts have limits in terms of total accumulation amounts — an individual’s account cannot exceed $100,000.00. However, when combined with additional estate planning, such as Special Needs Trusts, individuals with disabilities can live independently and possibly in a self-supporting manner.

“The ability to accumulate assets and have regular access to those assets enables these individuals to live independently and achieve life goals,” said Disparti. “Giving them access to regular investment services and guidance will ensure that the assets that do accumulate grow and are available for the long-term.”