New Jersey Marijuana Possession Laws

Is Possession of Marijuana Legal in New Jersey?

Yes. It is legal in the State of New Jersey to possess marijuana. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act allows for the legal sale and use of cannabis and cannabis products for residents aged 21 years or older. New Jersey allows these adults to possess up to 6 ounces of cannabis and cannabis products.

Under the Jake Honig Compassionate Use Medical Cannabis Act, registered patients under the care of licensed medicinal practitioners are allowed safe access to cannabis-based medicine from regulated and monitored facilities. The use of medical cannabis is approved for qualifying medical conditions such as amyotrophic lateral sclerosis, cancer, PTSD, and chronic pain.

How Much Weed Is a Felony in New Jersey?

Having up to 6 ounces of weed in New Jersey is legal. Criminal penalty for recreational possession of weed begins with possession of over 6 ounces of marijuana. It is an offense punishable by up to 18 months in prison or a fine of $25,000. However, possession of any amount within 1,000 feet of a school will result in sentencing of 1000 hours of community service and a stipulated fine.

Recreational users are also required to be aged 21 or older. Such a person must present a valid means of identification proving they are of the required age. Adults and medical marijuana patients in New Jersey may only consume cannabis in the privacy of their homes. Some dispensaries may have cannabis consumption areas for patients.

What Are the Penalties for 1st Time Offense of Possession of Weed in New Jersey?

There is no penalty for first-time marijuana possession in New Jersey, as possession of marijuana is legal in the state. Adults who are 21 or older are allowed to possess up to 6 ounces of cannabis in the state.

Where to Buy Legal Weed in New Jersey

Marijuana must also be purchased from any state-licensed dispensary. These dispensaries must obtain licensing from the state to be able to sell cannabis legally. Selling marijuana without having a license as a licensed dispensary is prohibited in New Jersey.

Marijuana can be purchased at any licensed dispensary in the state. Any adult aged 21 or older is legally permitted to buy up to 1 ounce (28 grams) of marijuana in New Jersey at a time for recreational use.

Such a person must present a valid means of identification proving they are of the required age. These dispensaries must obtain licensing from the state to be able to sell cannabis legally. The New Jersey Cannabis Regulatory Commission provides an index of licensed dispensaries across the state. Some of these dispensaries provide curbside pickup and delivery services in addition to storefront sales.

  • For medicinal dispensation, patients are required to enroll in the medicinal marijuana program. They are given a valid identification card in order to purchase cannabis as recommended by physicians also registered under the program.
  • To enroll, patients who meet the requirements must make an appointment with a qualified medical practitioner who is authorized by the US Drug Enforcement Agency to prescribe "restricted hazardous substances".
  • Patients can register and submit the required papers on the medicinal marijuana program website after the doctor has evaluated their medical history and determined that they have a qualifying ailment and that medicinal marijuana will help them.
  • Patients in New Jersey who possess a medical marijuana card are permitted to buy marijuana from state-licensed distributors. They are also shielded from charges of possession under the cannabis statutes of the state.

It is illegal in New Jersey to sell marijuana without obtaining a permit. Sentences vary based on the amount being distributed. The following penalties apply:

  • The unlicensed distribution of 1 ounce (28 grams) or less of marijuana will result in a warning for first offenders and up to 18 months of incarceration and/or a $25,000 fine for repeat offenders.
  • The distribution of between one and five ounces (142 grams) will result in a three to five-year sentence and a $25,000 fine.
  • Unlicensed distributors may face up to five to ten years in prison as well as a $150,000 fine for the sale of 5 to 25 ounces of marijuana.
  • The unlicensed distribution of more than 25 ounces (708 grams) of marijuana will result in up to 10-20 years of incarceration and a $300,000 fine.

How Old Do You Have to Be to Buy Weed in New Jersey?

According to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, residents 21 years and older are legally permitted to buy, sell, and use cannabis and cannabis products. On the other hand, qualified patients with valid medicinal marijuana program identification must be at least 18 to purchase medicinal marijuana in the state.

Patients who are even younger than 18 may use medicinal cannabis in regulated doses as prescribed by a qualified medical practitioner.

How Much Weed Can You Carry in New Jersey?

Adults 21 and older can possess up to 6 ounces of usable cannabis or its equivalent in solid, liquid, or concentrate form. Qualified medical marijuana patients may possess 3 ounces (85 grams) in a 30-day period. Any person found with more than the stipulated amount will face a possession charge. Patients who are terminally ill or in hospice care do not have a monthly limit.

What Happens if You Get Caught With Weed Under 18 in New Jersey?

Underage marijuana possession and use are illegal in New Jersey. However, possession or use by a minor is not viewed as a crime but delinquent behavior.

  • An underage individual cannot be detained or arrested for a possession infraction or felony. Instead, the police will give a series of written warnings to the underage offender caught with six ounces or less of cannabis or marijuana.
  • Copies of these citations are stored by the police to track down repeat offenders. Written warnings are given to the minor and their parent or legal guardian if they are under 18.
  • Third or later warning recipients will be sent to social services or counseling, and the agency will be informed to follow up on the referral. An underage person who possesses more than commits a fourth-degree crime and may be issued a complaint-summons.

How Many Marijuana Plants Can You Have in New Jersey?

None. Consumers are not permitted to grow their own marijuana. Unless an individual obtains a cannabis cultivator's license, 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. Sentencing varies depending on the number of plants found in the person’s possession:

  • It is a third-degree felony to own fewer than ten marijuana plants. Potential penalties include a fine of up to $25,000 and/or between three and five years in prison.
  • Owning between ten and 49 plants is a second-degree crime with a potential penalty of up to $150,000 in fines and/or between five and ten years in prison.
  • Growing more than 50 plants is a first-degree offense punishable by a fine of up to $300,000, between ten and 20 years in prison, or both.

How Much Weed Can You Fly With from New Jersey?

It is illegal to fly with marijuana across state lines. Marijuana use, possession, and sale are legal in New Jersey. However, it is still listed as part of Schedule I of the Controlled Substances Act. Federal law prohibits transporting any federally restricted substance across state lines. There is no distinction between states, regardless of whether it is being transported to a state that has also legalized marijuana.

Transporting marijuana across state lines is punishable by up to 5 years in federal prison and a fine of $250,000 to $1 million. Second offenses are punishable by up to 10 years in federal prison and a fine of $500,000 to $2 million.

Is It Illegal to Be High in Public in New Jersey?

No. Most public intoxication statutes provide that in addition to being impaired in public, a suspect must also be disturbing the peace, harassing others, or risking lives or safety. Therefore, as long as you're not bothering anyone or putting yourself or others in danger, being high is legal.

However, public use of marijuana is illegal. Adults and patients requiring medicinal marijuana are only permitted to use marijuana in private spaces and not in public.

Usage of marijuana is regulated under the Smoke Free Air Act, which provides against public smoking. It also prohibits smoking within enclosed indoor spaces.

Driving under the influence of marijuana is also illegal in the state of New Jersey under the Motor Vehicles and Traffic Regulation. This restriction applies to marijuana, whether recreational or medical.

A driver may be subject to a range of penalties, such as jail time, a fine, higher insurance premiums, a criminal record, and possibly losing their driving privileges if found guilty of driving under the influence of marijuana.

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