New Jersey Marijuana Laws

Related

• How to Get an NJ Medical Marijuana Card
• The Qualifying Conditions for a Medical Card in New Jersey
• How to Apply for a Medical Card with the NJMCP

What Rules Must Marijuana Patients Follow in NJ?

• Your patient and/or NJ resident status provides you with access to a 6-ounce supply of cannabis at a given time. You have NO legal reason for you to possess any marijuana beyond this limited quantity, beyond a specific treatment-related mention by your recommending physician. 

• Your patient status does NOT give you the right to grow medical cannabis plants in New Jersey, regardless of recreational legalization. Any and all cannabis you intend to use for medication purposes needs to be acquired through legal purchase from a state-approved MMJ dispensary. 

• On the topic of the legal purchase of cannabis – New Jersey dispensaries should be the only establishments where your cannabis-related transactions occur. Personal sales are highly prohibited by the court of law and you should NOT engage with them in any way, shape, or form.

• If your treatment includes hashish-based products OR any other type of marijuana concentrates, know that the regulations for unlawful use remain the same. The state of NJ treats hashish and concentrates just as it treats marijuana, as a Schedule I drug, and any quantity beyond the state-allowed limit of 17 grams exposes you to the relevant legal penalties. 

• New Jersey patients and/or residents under the age of 21 are NOT allowed to engage with Marijuana paraphernalia, such as bongs, tobacco blunts, or rolling paper. You have no legal excuse for possessing such an item, or, similar to the infringement of cultivation laws, to be using it in order to create your own medication. 

• As per its med card regulations, New Jersey has reciprocity with all other MMP states. This means that, if you are an out-of-state medical marijuana patient, you can partake in your marijuana medication for up to 6 months while you are visiting. Out-of-state patients may also be certified by an NJ MMJ physician. 

Taking all of these considerations into mind, we have outlined the five main types of marijuana penalties that the NJ medical marijuana laws can hold you accountable for:

1. Possession

2. Distribution/ Intent to Sell

3. Cultivation

4. Hashish & Marijuana Concentrates

5. Paraphernalia

Important Mentions Regarding Sentencing in New Jersey

New Jersey law elicits specific misdemeanor charges for two types of violations:

1. Refusing to hand over the incriminating cannabis product to an officer of the law.

2. Being caught under the influence of cannabis in public. The misdemeanor charge applies regardless if the offense occurred while driving a vehicle or not.

These potential violations can incur the following types of punishments:

• A prison sentence that can go up to 6 months. (N.J.S.A. 2C:43-8)

• A legal fine of no more than $1000. (N.J.S.A. 2C:43-3(c))

• Eviction from Public Housing. (N.J.S.A. 2A:18-61.1)

• Possible eviction from rented private property. (N.J.S.A. 2A:18-61.1)

• Suspension of the offender’s driver’s license for a minimum of 6 months, going up to a 2-year suspension. (2C:35-16)

• Obligatory driver’s license suspension for the two-year maximum sentence if the cannabis product is found within the vehicle. (N.J.S.A. 39:4-49.1)

• A full-term of court-imposed community service. (N.J.S.A. 2C:43-2b(5))

• An assessment from Safe Neighborhoods Services incurring a mandatory $75 legal fine. (N.J.S.A. 2C:43-3.2)

• Mandatory laboratory sample $50 legal fine. (2C:35-20)

• An obligatory penalty of $50 from the Victims of Crime Compensation Board. (2C:43-3.1a(2)(a))

• An obligatory penalty of $500 from the Drug Enforcement Demand Reduction. (N.J.S.A. 2C:35-15(e))

• Five years of probation. (N.J.S.A. 2C:43-2b(2); State v. Dove, 202 N.J.Super. 540, (Law Div. Jan 29, 1985)

Possession

Thanks to the recent legalization of adult-use marijuana, possession in NJ is an offense that provides considerable difficulty in being charged with.

For reference, New Jersey law allows adult residents to possess up to 6 ounces of marijuana.  Your 1st possession offense will be punished as follows by New Jersey law enforcement:

• Being in possession of more than 6 ounces of marijuana is treated as a 4th-degree crime. This is punishable with 18 months in prison, and a legal fine not to exceed $25,000. 

• If the offense occurred within 1,000 feet of school grounds, 100 hours of community service are added to the initial sentence, alongside an additional fine, varying on the quantity of possessed marijuana.

Distribution / Intent to Sell

New Jersey’s marijuana law makes it so distribution offenses receive an increasingly harsher punishment in both prison sentencing and legal fine with the quantity that the offender distributes, especially concerning distribution around children-populated area or restricted public property.

• Distribution of less than an ounce of cannabis results in a simple written warning for first offenders.

• Subsequent offenders will be charged with a 4th-degree crime which is punishable with a sentence of 18 months in prison, and a legal fine of up to $25,000.

• Distribution of anywhere between one ounce and 5 pounds of cannabis will result in the offender being charged with a 3rd-degree crime which is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine of up to $25,000.

• Distribution of anywhere between 5 and 25 pounds of cannabis will result in the offender being charged with a 2nd-degree crime which is punishable with a prison sentence ranging between 5 to 10 years, and a legal fine of up to $150,000.

• Distribution of more than 25 pounds of cannabis will result in the offender being charged with a 1st-degree crime which is punishable with a prison sentence ranging between 10 to 20 years, and a legal fine of up to $300,000.

• Distribution of marijuana in a 1000 feet proximity of school grounds will result in the offender being charged with a 3rd-degree crime which is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine of up to $150,000.

• Distribution of less than an ounce of cannabis in 500 feet proximity of restricted public property will result in the offender being charged with a 3rd-degree crime. This is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine of up to $25,000.

• Distribution of more than an ounce of cannabis in 500 feet proximity of restricted public property will instead result in a felony charge. This is punishable with a prison sentence ranging between 5 to 10 years, and a legal fine of up to $150,000.

• Distribution to minors and pregnant women carries a felony charge doubling the prison sentence, as well as the legal fine. 

Cultivation

Cultivation penalties function on a raw quantity/number of plants binary as per New Jersey’s cultivation laws. Take note of the following:

• Marijuana cultivation of anywhere between 1 ounce and less than 5 pounds (under 10 plants) is treated as a 3rd-degree crime that is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine not to exceed $25,000.

• Marijuana cultivation of anywhere between 5 and 25 pounds (10 to 50 plants) is treated as a 2nd-degree crime that is punishable with a prison sentence ranging between 5 to 10 years, and a legal fine not to exceed $150,000.

• Marijuana cultivation of more than 25 pounds (50+ plants) is treated as a 1st-degree crime that is punishable with a prison sentence ranging between 10 to 20  years, and a legal fine not to exceed $300,000.

Hashish & Concentrates

With the status of Hashish and other marijuana concentrates as a fellow Schedule I Drug, here is what you need to know about illegal interactions with the substances and what types of penalties they can result in:

To clarify, New Jersey law allows adult residents to possess up to 17 grams of hashish. 

• Being found in possession of more than 17 grams of hashish will result in the offender being charged with a 4th-degree crime. This is punishable with 18 months in prison, and a legal fine not to exceed $25,000. 

• Distribution, manufacture, or possession with the intent to distribute less than 5 grams of hashish results in a simple written warning for first offenders. Subsequent offenders for the same amount will be charged with a 4th-degree crime which is punishable with a sentence of 18 months in prison, and a legal fine of up to $25,000.

• Distribution, manufacture, or possession with the intent to distribute anywhere between 5 grams and 1 pound of hashish will result in the offender being charged with a 3rd-degree crime. This is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine not to exceed $25,000. 

• Distribution, manufacture, or possession with the intent to distribute anywhere between 1 and 5 pounds of hashish will result in the offender being charged with a 2nd-degree crime. This is punishable with a prison sentence ranging between 5 to 10 years, and a legal fine not to exceed $150,000. 

• Distribution, manufacture, or possession with the intent to distribute more than 5 pounds of hashish will result in the offender being charged with a 1st-degree crime. This is punishable with a prison sentence ranging between 10 to 20 years, and a legal fine not to exceed $300,000. 

• Distributing or manufacturing hashish in 1000 feet proximity of school grounds is treated as a 3-rd degree crime, which is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine not to exceed $150,000.

Paraphernalia

As a recreational state, owning pot paraphernalia is legal in NJ for any adult aged 21 years or older. However, there are still a few noteworthy distribution-related regulations that you should be aware of.

For reference, New Jersey allows adults over the age of 21 to acquire, possess, and engage in the use of marijuana paraphernalia.

• Distribution of marijuana paraphernalia is treated as a 4th-degree crime that is punishable with 18 months in prison, and a legal fine not to exceed $10,000.

• Promoting or advertising the sale of any paraphernalia-type of equipment is also treated as a 4th-degree crime with an identical punishment – 18 months in prison, and a legal fine not to exceed $10,000.

• Distribution of paraphernalia to a minor is treated as a 3rd-degree crime that is punishable with a prison sentence ranging between 3 to 5 years, and a legal fine not to exceed $25,000.

Questions about the NJ Marijuana Laws

While the penalties for each medical marijuana law are highly important to take note of, we know that state regulations do not always cover the niche cases.

Below you can find a list of potential FAQs that you might have regarding the current state of medical marijuana in New Jersey: