On medical expenses for state of New Jersey can I claim my medical marijuana expense ?

[rob1]

Not sure how you can argue with an email response dated today (1/21/2021) received directly from the Division of Taxation... but this is how case law gets started I guess?

So what do you do, take the deduction, if you get audited and they say you cannot, then take them to court and try to set a precedence?  I guess that's how case law is created? Is this going to be worth the few hundred dollars of tax savings? $5k in expense at 6.37% tax rate is $318 of savings, worth the hassle?

I would not recommend taking the deduction at this time, I believe as of today based on the information provided, it is not a legal or allowable deduction on your NJ income tax return. 

[CJ_26]

Where do you deduct this on your state tax return on Turbo tax?

[Cynthiad66]

If this was a deductible item for NJ it would be in the Medical expenses.  But, NJ Medical deduction comes directly from the Federal tax return and rolled directly into the New Jersey return.  

This does not seem to be a deductible item yet because the Federal Government has not approved Medical Marijuana yet.  Therefore, medical marijuana is not allowed as a medical expense for New Jersey currently because it is disallowed for federal taxation purposes.

@CJ_26