What You Need To Know Right Now About Legal Marijuana in New Jersey

What you need to know right now about Marijuana Legalization in New Jersey 

Article Written by Nathan J. Mammarella, Esq

New Jersey residents voted to legalize the recreational use of marijuana in New Jersey, but that does not mean it is currently legal to possess or use marijuana.   

On November 3, 2020, New Jersey voters approved a constitutional amendment to legalize marijuana for all adults over the age of twenty-one.  The actual ballot question stated: 

Do you approve amending the Constitution to legalize a controlled form of marijuana called “cannabis”? 

Only adults at least 21 years of age could use cannabis. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market. 

Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products. 

Although New Jersey is still processing ballots, the Associated Press has called the referendum in favor of legalization.  As of the posting of this blog, approximately 67% of all votes cast appear to be in favor of marijuana legalization. 

Is Marijuana Now Legal in New Jersey?  

No, marijuana is not yet legal in New Jersey.  Although the ballot measure has passed, it will not take effect until January 1, 2021.  The New Jersey Attorney General, Gurbir Grewal, provided a statement in which he stated: 

All of the State’s criminal laws relating to marijuana continue to apply, until, among other things, the Legislature enacts a law creating that regulatory framework.  It is important that residents accurately understand the current situation, so that they do not inadvertently engage in criminal conduct relating to marijuana – conduct that may be legal in the future once the Legislature acts, but is not presently legal based on yesterday’s vote. 

Senator Nicholas Scutari indicated that he is planning to immediately introduce legislation allowing for the sale and purchase of marijuana.  However, until that time, possession of marijuana is still a Disorderly Persons level criminal offense in New Jersey.  Up until January 1, 2021, possession of marijuana is punishable for up to six (6) months county jail or a $1,000.00 fine.  

If you or a loved one is charged with a marijuana related offense, or any drug offense, the attorneys at Rosenberg, Perry, & Associates are able to help. Contact us by clicking HERE or call us at (609) 216-7400.  We have your back, that’s what we do.  

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