New Jersey Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in New Jersey?

Marijuana possession is the crime of knowingly carrying marijuana illegally. The provisions of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the CREAMM Act) allow state residents to legally possess up to 6 ounces of marijuana for recreational use. Persons caught carrying more than the allowable amount of marijuana in the state could be charged with marijuana possession. According to the CREAMM Act, possession with intent to distribute marijuana in New Jersey means purposely manufacturing, dispensing, or carrying cannabis products with the aim of distributing it to other persons. A marijuana possession offender may be charged for possession with intent to distribute based on evidence that proves they intended to transfer the drug to another person illegally. In New Jersey, the level of punishment an offender gets when charged for marijuana possession with intent to distribute depends on the amount of cannabis found on them.

Can You Enter a Dispensary at 18 in New Jersey?

New Jersey residents cannot enter recreational cannabis dispensaries at 18 years. As stipulated in the NJ-CRC rules, adopted pursuant to N.J.S.A. 24:61.34.d(1)(a) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, recreational cannabis dispensaries cannot sell marijuana to persons below 21 years.

The New Jersey Compassionate Use Medical Marijuana Act (CUMMA) allows registered patients below 18 years to use cannabis products for medical purposes. According to the provisions of this Act, patients 18 years or older can legally enter medical marijuana alternative treatment centers and purchase cannabis products. Patients below the age of 18 will need caregivers to buy cannabis products on their behalf.

Can You Enter a Dispensary Without a Card in New Jersey?

The New Jersey Cannabis Regulatory Commission (NJ-CRC) states that personnel at recreational cannabis dispensaries need to see government-issued photo identification before selling cannabis products to ensure that buyers are up to 21 years. However, they cannot make copies of cannabis buyers’ IDs or retain records of buyers beyond what is needed to complete each transaction. Also, per the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), medical marijuana patients and caregivers purchasing cannabis products at treatment centers must present valid registry identification cards. These cards are issued by the New Jersey Department of Health and Senior Services to identify individuals as registered medical marijuana patients or primary caregivers. Patients and caregivers must also show valid government-issued photo identifications when entering medical marijuana dispensaries.

What Are the Penalties for Possession With Intent To Distribute First Offense in New Jersey?

The deliberate possession of marijuana with intent to distribute is prohibited under federal and New Jersey law. According to Section 2C:35.5(10) of the New Jersey Statutes, an offender charged with marijuana possession with intent to distribute commits a:

• First-degree crime if they are caught with up to 25 pounds of cannabis or 50 cannabis plants (regardless of weight); they risk facing a 20-year prison sentence and a $300,000 fine
• Second-degree crime if they have between 5 and 25 pounds of marijuana or between 11 and 49 marijuana plants; they could be imprisoned for up to ten years and pay a $75,000 fine
• Third-degree crime if the quantity of marijuana found on them is over 1 ounce but less than 5 pounds; they risk facing a five-year prison sentence and a $25,000 fine
• Fourth-degree crime if they are found with up to 1 ounce of marijuana, after getting a written warning for a first offense; they could be imprisoned for up to 18 months and pay a $15,000 fine

Although possession with intent to distribute marijuana is a serious offense in New Jersey, the punishment is harsher at the federal level. As stipulated in 21 U.S.C 841, a person charged for possessing up to 100 kilograms of cannabis with intent to distribute could face up to 5 years imprisonment and pay a $5,000,000 fine. A person caught with over 1,000 kilograms of marijuana could face life imprisonment and pay a $ 10,000,000 fine.

Is It Legal To Sell Weed in New Jersey?

Yes, but only licensed businesses can sell weed in New Jersey. On January 18, 2010, Governor Jon Corzine signed the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) into law, which allowed patients diagnosed with specific medical conditions to use cannabis medically. This law authorized registered medical marijuana alternative treatment centers to dispense cannabis products to qualified patients and caregivers for money.

The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the CREAMM Act), which legalized recreational marijuana in the state, was signed into law on February 21, 2021. This law authorized the New Jersey Cannabis Regulatory Commission (NJ-CRC) to expand the state’s medical cannabis program and enforce the activities and rules pertaining to recreational marijuana for persons 21 years or older. According to the NJ-CRC rules, registered recreational marijuana dispensaries may sell cannabis products to adults 21 years and older. The New Jersey Cannabis Regulatory Commission (NJ-CRC) states that eligible persons can buy the following quantities of cannabis products from recreational marijuana dispensaries per transaction:

• 1,000 milligrams of edible cannabis products
• 1 ounce of dried cannabis flower
• 5 grams of marijuana resins, concentrates, or oils

How To Sell to Dispensaries in New Jersey

For an individual or business entity to deliver cannabis products to dispensaries in New Jersey, they must obtain a Class 4 cannabis distributor license from the New Jersey Cannabis Regulatory Commission (NJ-CRC). As defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act), a cannabis distributor is a person or entity that transports marijuana products in bulk from one licensed marijuana establishment to another within the state. Cannabis distributors in New Jersey may temporarily store marijuana products while carrying out their operations.

Recreational cannabis retailers in New Jersey are not allowed to cultivate marijuana plants on their own. They must purchase cannabis plants and products from licensed cultivators, manufacturers, or wholesalers in order to sell to customers. As stipulated in the CREAMM Act, retailers may use the services of cannabis distributors when moving materials in bulk. Cannabis distributors in New Jersey are not authorized to grow marijuana plants or process cannabis products for sale to dispensaries. Unlike recreational cannabis dispensaries, medical marijuana alternative treatment centers cultivate their own cannabis plants, process them, and dispense marijuana products to customers. They cannot purchase marijuana products from individuals or other cannabis establishments in the state.

How To Get a Distribution License in New Jersey

New Jersey marijuana distributor licenses allow holders to temporarily store cannabis products and transport them in bulk between licensed marijuana establishments. Marijuana distributors can make significant profits from their operations. As stipulated in the New Jersey Cannabis Regulatory Commission (NJ-CRC) rules, cannabis distributor license applicants must undergo fingerprint-based criminal background checks.

Cannabis distribution license applicants in New Jersey must submit their names, personal histories, and tax reports, as well as those of all key stakeholders in their prospective cannabis establishments, to the NJ-CRC. They must also provide their business plans, details of the locations of their proposed cannabis establishments, and evidence of approval from the local authorities in charge of their proposed locations. The NJ-CRC is not currently issuing marijuana distributor licenses. Interested applicants can obtain more information about distributor license applications in New Jersey from the recreational cannabis business page on the NJ-CRC website.