Update: In November 2020, New Jersey voters approved a constitutional amendment to legalize certain recreational marijuana use by adults age 21 and older. The law was set to take effect on January 1, 2021, but lawmakers and the governor have not yet agreed on enabling legislation (as of January 15, 2021).
Marijuana possession, sale, and manufacture are regulated by both state and federal law. In New Jersey, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (N.J. Stat. Ann. § 24:21-5 (2019).) However, despite being a Schedule I drug, New Jersey does allow medical marijuana use under limited circumstances (and there may be exceptions to the laws described below for medical marijuana patients). And while not covered in this article, it is also a crime to drive under the influence of marijuana in New Jersey.
It is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use) in New Jersey. Penalties vary according to the amount possessed. Second and subsequent convictions may be punished more harshly.
(N.J. Stat. Ann. §§ 2C:35-10, 2C:43-3, 2C:43-6, 2C:43-8 (2019).)
It is illegal to cultivate marijuana in New Jersey. Penalties vary according to the number of plants cultivated. Second and subsequent convictions may be punished more harshly.
(N.J. Stat. Ann. §§ 2C:35-5, 2C:43-3, 2C:43-6 (2019).)
Selling marijuana (or possessing marijuana with the intent to do so) in New Jersey is illegal. Violations are penalized according to the amount possessed or sold, with additional penalties for violations within a school zone, on certain public property, or for violations involving a minor or a pregnant woman. Second and subsequent convictions may also be punished more harshly.
(N.J. Stat. Ann. §§ 2C:35-5, 2C:35-7, 2C:35-7.1, 2C:35-8, 2C:43-3, 2C:43-6 (2019).)
It is illegal in New Jersey to advertise, use, manufacture, or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation, with harsher penalties for sales to a minor.
Use or possession. Using paraphernalia (or possessing it with the intent to do so) is classified as a disorderly persons offense and may be punished with a fine of up to $1,000, six months in jail, or both.
Advertising, manufacturing, or sales. Manufacturing or selling paraphernalia to adults is a crime of the fourth degree, and penalties include a fine of up to $10,000, up to 18 months in prison, or both. Selling paraphernalia to a minor is a crime of the third degree, punishable with a fine of up to $15,000, between three and five years in prison, or both.
(N.J. Stat. Ann. §§ 2C:36-1, 2C:36-2, 2C:36-3, 2C:36-4, 2C:43-3, 2C:43-6, 2C:43-8 (2019).)
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, the law can change at any time. Only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
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