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Friday, July 29, 2011

STATE OF NEW JERSEY VS. WILSON A-3826-09T3 07-26-11

07-26-11 STATE OF NEW JERSEY VS. JOHN RAY WILSON A-3826-09T3

The principal issue in this is case is whether the personal use defense for manufacturing a controlled dangerous substance, N.J.S.A. 2C:35-2, applies to the growing of marijuana under N.J.S.A. 2C:35-5. After reviewing the relevant statutory language, as well as the purpose for the personal use exemption, we affirm the trial court's determination that there is no personal use exemption for growing marijuana.