Experienced New Jersey Marijuana Defense Attorneys
Marijuana — also known as pot, weed, bud and Mary Jane — is a plant-based drug. Smoking marijuana can get a person high; the drug is also used medicinally. Marijuana drug laws around the country and in New Jersey have been changing to accommodate marijuana use.
Marijuana Laws in New Jersey
New Jersey legalized marijuana for medical use in 2010 and recreational use in 2022. After the legalization, New Jersey started using the term “cannabis” to refer to marijuana. For purposes of this site, the terms cannabis and marijuana are used interchangeably.
In 2012, the first Alternative Treatment Center (ATC) opened in New Jersey, allowing qualified patients to obtain medical cannabis. In April, 2022, licensed dispensaries began selling recreational cannabis to the public. However, the laws regarding marijuana usage, distribution, and possession still come with specific guidelines and regulations.
The state has established a legal framework that addresses possession limits, cultivation, medical use, and expungement of marijuana-related convictions, while continuing to focus on public safety and law enforcement.
Driving under the influence of marijuana in NJ still breaks DWI/DUI laws, just the same as alcohol laws, and comes with serious penalties.
Possession Of Marijuana In NJ
New Jersey is one of the more than two dozen states where marijuana is now fully legal for adult use. Under New Jersey laws, adults aged 21 and older are permitted to possess up to 6 ounces of marijuana for personal use without facing criminal penalties. This is part of the larger trend as marijuana legalization continues to spread across the U.S. for recreational use.
Possession of an amount over 6 ounces is a crime of the fourth degree and is punishable by up to 18 months in New Jersey State Prison with no presumption of incarceration and a fine up to $25,000. If the violation occurs within 1,000 feet of a school, school property or school bus, there is exposure for up to 100 hours of community service. You may lawfully travel with up to one ounce of marijuana.
The law also provides that the odor of marijuana or hashish, or burnt marijuana or hashish, does not constitute reasonable articulable suspicion to initiate a search of a person.
Distribution Or Possession With The Intent To Distribute In NJ
Possessing marijuana with the intent to distribute remains illegal unless specifically licensed for distribution by the state. This includes marijuana-based products including edibles and vapes.
Giving or “gifting” up to one ounce is legal. Under the law, you are permitted to transfer “without remuneration” one ounce or less of marijuana so long as the transfer is for non-promotional, non-business purposes.
It is illegal to distribute marijuana or possess it with the intent to distribute for remuneration. The consequences depend on the amount at issue:
- One ounce or less: For a first offense you are exposed to a written warning. For a second or subsequent offense, this is a crime of the fourth degree and punishable by up to 18 months in New Jersey State Prison with no presumption of incarceration.
- More than one ounce and less than five pounds: Crime of the third degree and punishable by between 3 and 5 years in New Jersey State Prison with no presumption of incarceration.
- Five pounds or more, but less than 25 pounds: Crime of the second degree and punishable by between 5 to 10 years in New Jersey State Prison with a presumption of incarceration.
- 25 pounds or more: Crime of the first degree and punishable by between 10 to 20 years in New Jersey State Prison with a presumption of incarceration.
Cultivation of Marijuana In NJ
Cultivation or “growing” of marijuana in New Jersey is not allowed for personal or medical use unless the cultivation is conducted under a valid license or within the scope of authority provided by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
Unauthorized cultivation or growing of marijuana plants is still illegal and can result in criminal charges. Possessing or growing marijuana plants is punishable as follows:
Possession/Growing Charges
| Number of Plants | Crime | Penalty |
|---|---|---|
| 10 or more plants, but less than 50 | 2nd Degree Crime | 5 to 10 Years in Prison |
| 50 or more plants | First Degree Crime | 10-20 Years in Prison |
Hashish & Concentrates Charges
The laws governing hashish and cannabis concentrates have been updated since the legalization of cannabis in New Jersey. In New Jersey, “Hashish” is defined as the resin extracted from any part of the plant Cannabis sativa L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin.
Hashish and concentrates are now treated similarly to marijuana itself, meaning possession, distribution, and use of these products are legal within the same guidelines as marijuana.As long as the amount possessed does not exceed 17 grams, possessing “is not a crime, offense, act of delinquency, or civil violation of law”.
If you possess over 17 grams of Hashish, you can be charged with a crime of the fourth degree, which is punishable by up to 18 months in New Jersey State Prison and up to a $25,000 fine. If the violation occurs within 1,000 feet of a school, school property or school bus, there is exposure for up to 100 hours of community service.
It is illegal to distribute hashish or possess with the intent to distribute for remuneration. The consequences depend on the amount at issue:
- 5 grams or less: For a first offense you are exposed to a written warning. For a second or subsequent offense, this is a crime of the fourth degree and punishable by up to 18 months in New Jersey State Prison with no presumption of incarceration.
- More than 5 grams and less than one pound: Crime of the third degree and punishable by between 3 and 5 years in New Jersey State Prison with no presumption of incarceration.
- One pound or more, but less than 5 pounds: Crime of the second degree and punishable by between 5 to 10 years in New Jersey State Prison with a presumption of incarceration.
- 5 pounds or more: Crime of the first degree and punishable by between 10 to 20 years in New Jersey State Prison with a presumption of incarceration.
Paraphernalia Law Changes
Marijuana paraphernalia laws in New Jersey have changed significantly since marijuana legalization. While it was once illegal to possess items such as pipes, bongs, or rolling papers associated with marijuana use, these items are now legal for those 21 and older as part of the overall legalization of cannabis.
However, selling or possessing paraphernalia with the intent to distribute remains illegal. This shift reflects the growing acceptance of marijuana use for personal and recreational purposes.
Medical Marijuana Program in New Jersey
New Jersey’s medical marijuana program remains fully operational, providing an alternative treatment option for individuals with qualifying conditions. Qualifying conditions include chronic pain, anxiety, and several other medical conditions. The program allows patients to obtain medical marijuana through licensed dispensaries, with specific guidelines for eligibility and application.
Despite the legalization of recreational marijuana, the medical program continues to serve those who require marijuana for medicinal purposes, often with more stringent access requirements.
While recreational users do not need to be a part of the medical program, patients who qualify can access marijuana with the support of their healthcare provider, and they may have access to higher quantities of marijuana at a lower cost.
Expungement of Marijuana Convictions
New Jersey has implemented an expungement program that facilitates the clearing of past marijuana-related convictions. Individuals convicted of marijuana offenses now have the opportunity to have their criminal records expunged, provided they meet specific eligibility criteria.
The process is designed to remove barriers to employment and housing for individuals who have been affected by past marijuana convictions. In some cases, expungements may be automatically processed, especially for individuals with minor marijuana-related convictions.
While many people may no longer need legal assistance to expunge their records, a lawyer may still be helpful for complex drug cases.
Marijuana Case Defense
As marijuana legalization has progressed in New Jersey, the focus of defense cases has shifted. Defendants facing marijuana charges are now more likely to be charged with serious crimes such as distribution or trafficking rather than simple possession, especially in cases where amounts exceed the legal limits.
With legalization, there is a greater need for defense in cases involving larger-scale marijuana operations or violations of the new state regulations. Defenses to such offenses include very fact specific review including:
- The constitutionality of any stop.
- The constitutionality of any search of a person, vehicle home or business.
- Chain of custody of the marijuana
- Testing or weighing the marijuana.
- Third-party guilt
Employment Protections for Cannabis Users
In New Jersey, employees who legally use cannabis are provided certain protections under the state’s employment laws.Employers are prohibited from discriminating against employees solely based on their lawful use of cannabis outside of working hours.
However, employers still retain the right to take action against employees who are impaired during work hours. New Jersey law offers a balance between legal marijuana use and workplace safety, ensuring that employees are not unfairly penalized for off-duty cannabis use.
Conditional Discharge for First Time Offenses
In New Jersey, conditional discharge program is an option for individuals who have committed a first-time drug offense and have not had a prior diversion.
Prior to the legalization of marijuana, the conditional discharge program was regularly utilized to avoid convictions for marijuana possession charges. The conditional discharge program is still in effect and can be used for marijuana, and other drug charges, that are downgraded from the superior court.
Conditional discharge program can provide a path to a clean record for individuals charged with minor drug-related offenses.