New Jersey has very tough marijuana laws, especially for the cultivation or sale of marijuana. In 2002, there were 20,392 arrests of both adults and juveniles in New Jersey for marijuana-related offenses, according to the Department of Justice. Moreover, every year, the DEA estimates the state produces around 4,700 pounds of marijuana with a street value of up to $39 million dollars.
Medical Marijuana Users
New Jersey currently has no medical marijuana laws.
Non-Medical Users:
New Jersey treats all users of marijuana as non-medical users. The laws for possession in New Jersey, especially compared to the laws for selling and cultivating, are not quite as strict, although there are additional penalties tacked on to sentences for the use of paraphernalia.
Penalties for Marijuana Use or Possession in New Jersey:
|
Possession of 50 grams or less |
Misdemeanor |
Penalties include up to 6 months in jail and a $1,000 fine |
|
Possession of more than 50 grams |
Felony |
Penalties include up to 18 months of jail time and fines up to $25,000 |
|
1,000 feet or less from a school |
Misdemeanor |
Penalties include an additional 100 hours of community service |
Penalties for Growing, Selling and Trafficking Marijuana:
Cultivation:
|
1 ounce or less |
Felony |
Penalties include up to 18 months in jail and a $10,000 fine |
|
1 ounce to 5 pounds |
Felony |
Penalties include up to 3-5 years in jail and a $25,000 fine |
|
5 to 25 pounds or 10 to 50 plants |
Felony |
Penalties include up to 5-10 years in jail and a $150,000 fine |
|
More than 25 pounds or 50 plants |
Felony |
Penalties include 10-20 years in jail and a $300,000 fine |
Sale:
|
1 ounce or less |
Misdemeanor |
Penalties include up to 1 year in jail and a $150,000 fine |
|
More than 1 ounce |
Felony |
Penalties include up to 3 years in jail and $150,000 |
|
1,000 feet or less from a school or school bus |
Felony |
Penalties include at least 1/3 to ½ of the total sentence and a $150,000 fine |
|
Within 500 feet of public housing or specified area with less than 1 ounce |
Felony |
Penalties include an additional 3-5 years of jail time and a $150,000 fine |
|
Within 500 feet of public housing or specified area with more than 1 ounce |
Felony |
Penalties include an additional 35-10 years of jail time and a $150,000 fine |
|
To pregnant women or minors |
Felony |
Double penalty |
Miscellaneous:
|
Possession or use of paraphernalia |
Misdemeanor |
Penalties include up to 6 months in jail and a $1,000 fine |
|
Sale of paraphernalia |
Felony |
Penalties include up to 18 months in jail and a $10,000 fine |
|
Sale of paraphernalia to a minor |
Felony |
Penalties include 3-5 years of jail time and a $15,000 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
New Jersey has no DUID or driving under the influence of Marijuana laws.
Legal Help with a Marijuana Offense
The penalties for marijuana offenses in New Jersey can be high, as such, if you have been charged with any offenses, you should immediately seek a marijuana attorney. A marijuana lawyer will explore every option available to you under New Jersey law and work to ensure your rights are protected and you receive the best judgment possible, be it a plea bargain, or even, in some cases, a dismissal.
