Marijuana Laws in New Jersey

Daniel M. Rosenberg & Associates defends adults and juveniles charged with marijuana crimes in New Jersey.

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.

In New Jersey, the majority of marijuana laws deal with:

Possession
Possession with intent to distribute
Distribution
Cultivation
Failure to turn over marijuana to a nearby police officer
Driving under the influence (DUI)
Drug paraphernalia

These laws are applicable for:

Marijuana
Hashish, also known as hash
Marijuana or hashish concentrates

The law can be confusing, however. For example, medical marijuana has been legal since 2010. While it is legal to possess 2 ounces of marijuana with a prescription from a doctor, possession of the same amount of non-medical marijuana is punishable by 18 months in jail and a $25,000 fine.

Driving under the influence of marijuana in NJ breaks DWI/DUI laws, just the same as alcohol laws, and comes with serious penalties.

Possession of Marijuana in NJ

Nine states and Washington, D.C., have legalized the recreational use of marijuana, but possession of marijuana that has not been medically prescribed is still a serious offense in New Jersey.

Possession	Charge	Maximum Jail Time	Maximum Fine	Additional Penalties
50 grams or less	Disorderly Person	6 months	$1,000	–
<50 grams	Felony	18 months	$25,000	–
Within 1,000 feet of a school	–	–	Additional fine (variable depending on quantity)	100 hours of community service
In a motor vehicle	Traffic Offense	–	–	2 years loss of driving privilege

Distribution or Possession with the Intent to Distribute in NJ

Twenty-nine states — including New Jersey — and Washington, D.C., have legalized medical marijuana. If you do not have a license to dispense marijuana in New Jersey, distribution is a serious offense with stiff penalties.

Distribution	Charge	Jail Time	Maximum Fine
>1 ounce	Crime - 4th degree	18 months, with a minimum sentence of ½ or ⅓ of the sentence	$25,000
1 ounce – >5 pounds	Crime - 3rd degree	3–5 years	$25,000
5 – >25 pounds	Crime - 2nd degree	5–10 years	$150,000
25 pounds or more	Crime - 1st degree	10 years (mandatory) – 20 years	$300,000
Within 1,000 feet of school property or school bus	Crime - 3rd degree	3 years (mandatory) – 5 years	$150,000
>1 ounce within 500 feet of certain public property	Crime - 3rd degree	3–5 years	$25,000
<1 ounce within 500 feet of certain public property	Felony	5–10 years	$150,000
Sale to minors or pregnant women	Felony	Double	Double

Cultivation of Marijuana in NJ

Growing marijuana in New Jersey is illegal. Patients who have been prescribed marijuana must purchase it from a state-licensed dispensary.

Cultivation	Charge	Maximum Jail Time	Maximum Fine
1 ounce – >5 pounds/ >10 plants	Crime - 3rd degree	3–5 years	$25,000
5 – >25 pounds/10 – >50 plants	Crime - 2nd degree	5–10 years	$150,000
<50 lbs/<50 plants	Crime - 1st degree	10 years (mandatory) – 20 years	$300,000

Hashish & Concentrates Charges

The state of New Jersey defines hashish as "the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin."

Hashish and Concentrates	Charge	Maximum Jail Time	Maximum Fine
Possession: 5 grams or less	Disorderly Person	6 months	$1,000
Possession: <5 grams	Crime - 4th degree	18 months	$25,000
Manufacturing, distributing, dispensing or possessing with intent of distribution: >5 grams	Crime - 4th degree	18 months	$25,000
Manufacturing, distributing, dispensing, or possessing with intent of distribution: 5 grams – >1 pound	Crime - 3rd degree	3–5 years	$25,000
Manufacturing, distributing, dispensing, or possessing with intent of distribution: 1 pound – >5 pounds	Crime - 2nd degree	5–10 years	$150,000
Manufacturing, distributing, dispensing, or possessing with intent of distribution: 5 pounds or more	Crime - 1st degree	10–20 years	$200,000
Within 1,000 feet of school property or school bus	Crime - 3rd degree	3 years (mandatory) – 15 years	$150,000

Paraphernalia

Drug paraphernalia refers to any equipment that is used to produce, conceal and consume illicit drugs, such as pipes and cigarette papers.

Paraphernalia	Charge	Maximum Jail Time	Maximum Fine
Possession or use of paraphernalia	Disorderly Person	6 months	$1,000
Sale of paraphernalia	Crime - 4th degree	18 months	$10,000
Sale of paraphernalia to minors	Crime - 3rd degree	3–5 years	$25,000

Marijuana Case Defense

If you an are an adult or juvenile facing drug charges, you need an experienced New Jersey criminal defense lawyer on your side. We understand your situation and will work with you to aggressively defend and/or negotiate the best possible outcome for you. Among other strategies, we will work to determine:

If the stop by law enforcement was constitutional.
If the search of the person, home or vehicle was constitutional.
If there was proper chain of custody and testing of the marijuana.

Conditional Release

If this is your first prosecution, we will work towards trying to obtain conditional release or alternative or diversion sentencing for you. In many cases, conditional release lets you choose probation instead of a trial. Once the probation has been completed successfully, the charge does not appear on your criminal record.

If you are facing marijuana charges, it is critically important that you contact an experienced New Jersey criminal defense attorney to plan your defense.