1. Text Messages between Parents Not Automatically Harassment.
2. Personal Use Does not Permit Growing Medical Marijuana.
3. Fun Upcoming Events.
1. Text Messages between Parents Not Automatically Harassment. L.M.F. VS. J.A.F.421 NJ Super 523 (App. Div. 2011)
In this appeal from a final domestic violence restraining order, the court applied the principles articulated by the Court in J.D. v. M.D.F., _____ N.J. _____ (2011), and concluded the trial court erred in finding the predicate offense of harassment. The parties are divorced parents. They used text messaging as the primary means of exchanging information about their two children. The domestic violence complaint alleged harassment based on defendant sending plaintiff eighteen text messages over a three-hour period. The content of the messages was not threatening or menacing in any way. The court also held there was insufficient evidence of a history of domestic violence to substantiate that a restraining order was necessary to prevent further abuse as required under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006).
2. Personal Use Does not Permit Growing Medical Marijuana. State v. Wilson 421 NJ Super 301 (App. Div. 2011)
The principal issue in this 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, the court affirms the trial court's determination that there is no personal use exemption for growing marijuana.