New Jersey Marijuana Laws
Recreational and medical use of marijuana is legal for adults in New Jersey. All may buy and possess up to six ounces of cannabis or 17 grams of hash. Residents 18 and older who suffer from a qualifying condition can register with the state to possess three ounces in a 30-day period. Home cultivation is illegal for all.
LAW BREAKDOWN
LAW BREAKDOWNS
Marijuana use is legal for both medical and recreational use in New Jersey.
Possession
Possession of marijuana is legal in New Jersey for adults aged 21 and older. Adults are legally permitted to possess up to 6 ounces.
Possession of more than 6 ounces is a crime punishable by up to 18 months imprisonment and a fine of up to $25,000.
Possession of marijuana within 1,000 feet of a school comes with an additional sentence of 100 hours community service, as well as a variable additional fine.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 6 oz or less | N/A | None | $ 0 |
| More than 6 oz | Crime | 1.5 years | $ 25,000 |
| Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine. | |||
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Distribution
Sale or distribution of less than 1 ounce is subject to no more than a written warning on a first offense. Aside from this, any unlicensed sale or distribution is a crime.
A subsequent offense for sale or distribution of less than 1 ounce is a fourth degree crime punishable by up to 18 months in prison and a potential fine of $25,000.
If the weight is between 1 ounce and 5 pounds, there is a mandatory minimum penalty of 3 years in prison, a maximum of 5 years, and up to $25,000 in fines.
Distribution of between 5 and 25 pounds carries a minimum sentence of 5 years in prison, a maximum of 10 years, and as much as $150,000 in fines. With 25 pounds or more, the penalty increases to between 10 and 20 years in prison and a fine of up to $300,000.
Sale or distribution within 1,000 feet of a school or school bus is punishable by between 3 and 5 years in prison, plus up to $150,000. Incarceration and fines double for sale or distribution to a minor or pregnant woman.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Less than 1 oz (first offense) | N/A | None | $ 0 |
| Less than 1 oz (subsequent offense) | Crime | 18 months | $ 25,000 |
| 1 oz – 5 lbs | Crime | 3 – 5 years | $ 25,000 |
| 5 – 25 lbs | Crime | 5 – 10 years | $ 150,000 |
| 25 lbs or more | Crime | 10* – 20 years | $ 300,000 |
| Within 1000 feet of a school or school bus | Crime | 3 – 5 years | $ 150,000 |
| Includes possession with the intent to distribute | |||
| To minors or pregnant women carries a double term of imprisonment and fine. | |||
| * Mandatory minimum sentence | |||
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Cultivation
Despite legalization in the state, it is a crime to grow any amount of marijuana in New Jersey. Cultivation of less than 10 plants is punishable by at least 3 years in prison, as many as 5, and up to $25,000 in fines.
Cultivation of between 10 and 50 plants carries a minimum penalty of 5 years in prison, a maximum of 10 years, and a top fine of $150,000. Cultivation of 50 or more plants comes with a minimum sentence of 10 years in prison, a maximum of 20 years, and a fine of up to $300,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 oz – less than 5 lbs (less than 10 plants) | Crime | 3 – 5 years | $ 25,000 |
| 5 – less than 25 lbs (10 – less than 50 plants) | Crime | 5 – 10 years | $ 150,000 |
| More than 25 lbs (50 plants or more) | Crime | 10* – 20 years | $ 300,000 |
| * Mandatory minimum sentence |
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Concentrates
Possession of 17 grams or less of marijuana concentrates is legal, but possession of any amount more than this is a crime punishable by up to 18 months in prison and a maximum fine of $25,000.
Manufacturing, distributing, dispensing, or possessing with intent to manufacture or distribute less than 5 grams of concentrates is subject to a written warning on a first offense. On a subsequent offense, it is a crime punishable by up to 18 months imprisonment and a fine of up to $25,000.
Manufacture, distribution or possession with intent to distribute between 5 grams and 1 pound of concentrates is punishable by a minimum of 3 years in prison, a maximum of 5 years, and up to $25,000 in fines.
A minimum of 5 years and a maximum of 10 years in prison, plus up to $150,000 in fines, applies to second-degree manufacture, distribution, sale, or possession with intent if the amount is between 1 and 5 pounds. If it is 5 pounds or more, the offense is a first-degree crime and the top punishment is between 10 and 20 years in prison and $300,000 in fines.
Manufacturing, distributing, or possessing with intent to distribute cannabis concentrates within 1,000 feet of a school or school bus stop is a 3rd-degree crime punishable by a fine of no more than $150,000, and between 3 and 5 years in prison.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of 17 g or less | N/A | None | $ 0 |
| Possession of more than 17 g | Crime | 18 months | $ 25,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g (first offense) | N/A | None | $ 0 |
| Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g (subsequent offense) | Crime | 18 months | $ 25,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of 5 g – 1 lb | Crime | 3* – 5 years | $ 25,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of 1 lb – less than 5 lbs | Crime | 5* – 10 years | $ 150,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more | Crime | 10* – 20 years | $ 300,000 |
| Within 1000 feet of a school or school bus | Crime | 3* – 5 years | $ 150,000 |
| * Mandatory minimum sentence | |||
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Paraphernalia
It is legal for a person aged 21 and over to possess and use marijuana paraphernalia.
Sale of paraphernalia is a crime in the 4th degree punishable by up to 18 months imprisonment, $10,000 in fines, or both. The advertising of paraphernalia is subject to the same penalties.
Sale of marijuana paraphernalia to a minor is a crime in the 3rd degree, and the penalty is between 3 and 5 years in prison and up to $25,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession or use of paraphernalia | N/A | None | $ 0 |
| Sale of paraphernalia | Crime | 18 months | $ 10,000 |
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Miscellaneous
| Offense |
|---|
| Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details. |
| If under 17 year, driving privileges shall be suspended for 6 months – 2 years |
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Medical Marijuana
MEDICAL MARIJUANA
New Jersey’s medical marijuana law allows the use, possession and cultivation of marijuana for patients with debilitating conditions.
Patients, physicians, primary caregivers are protected from “arrest, prosecution, property forfeiture and criminal and other penalties.”
QUALIFYING CONDITIONS:
- Addiction substitute therapy for opioid reduction
- Amyotrophic Lateral Sclerosis (ALS)
- Anxiety
- Cancer (includes associated chronic pain and/or severe nausea)
- Chronic pain
- Chronic visceral pain
- Crohn’s disease
- Dysmenorrhea (menstrual cramps)
- Epilepsy
- Glaucoma
- HIV/AIDS (includes associated chronic pain and/or severe nausea)
- Inflammatory bowel disease (IBD)
- Migraines
- Multiple Sclerosis
- Muscular Dystrophy
- Opioid dependency
- Post-Traumatic Stress Disorder
- Seizure and/or spasticity disorders
- Tourette’s syndrome
- Any terminal illness if a doctor has determined the patient will die within a year
PATIENT POSSESSION LIMITS:
Two ounces per month
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
Yes. No more than 12.
CAREGIVERS:
Yes. A primary caregiver is a person who assists a registered patient with their medical use of marijuana. The primary caregiver must be a resident of New Jersey and must not be the patient’s physician. The primary caregiver must never have been convicted of a felony, and can only care for one patient at a time. All caregivers must be at least 18 years of age.
RECIPROCITY:
Yes. Out of state patients may legally bring their marijuana into New Jersey for up to 6 months.
New Jersey Marijuana Attorneys
The following New Jersey lawyers are actively involved in the practice of cannabis law:
