New Jersey Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

In New Jersey, only residents who are 21 years old or older can possess or use cannabis for recreational purposes. Conversely, medical marijuana can be used by adults aged 18 years old and above, but they must be a part of the state's Medicinal Marijuana Program. In this case, the limit for usage is 3 ounces in 30 days unless the patient is terminal, wherein more, as deemed appropriate, can be used. Persons under the age of 21 ye not permitted to possess, use, grow, or distribute marijuana pursuant to Assembly, No. 5342. Handling marijuana against the law will result in penalties. These penalties include:

• A first-time offense is subject to a written warning issued by a law enforcement officer to the underage person. The written warning would include some of the person's personal information, including the person's name, address, and date of birth. A sworn statement will also be temporarily maintained describing relevant information that supports the officer's determination that the person committed the violation. This will be used to determine a second or subsequent violation.
• A second-time violation is subject to a written warning issued by a law enforcement officer to the underage person showing that a second violation has occurred.
• If the culprit is aged 18 years old or older, the officer will provide them with informational materials about how to participate in social services like mentoring services, counseling, tutoring programs, and faith-based or other community initiatives. These community services are typically provided by public or private agencies and organizations.
• If the culprit is under 18 years old, the officer will provide written notification about the second violation to the parent, guardian, or legal custodian. A copy of the written warning for the culprit's first violation will also be attached, along with informational materials about participating in social services. A sworn statement describing relevant information that supports the officer's determination that the person committed the second violation will be temporarily maintained. This will be used to determine a third or subsequent violation.
• A third or subsequent violation is subject to a write-up issued by a law enforcement officer to the underage person, indicating that a third or subsequent violation has occurred. The culprit's details will also be included.
• If the culprit is aged 18 years or older, the officer would include a write-up for a referral to participate in privately or publicly organized social services like mentoring services, counseling, tutoring programs, and faith-based or other community initiatives. The law enforcement agency would notify the agency or organization of the referral to initiate contact with the person.
• If the culprit is under 18 years old, the agency will provide a written notification concerning the third or subsequent violation to the parent, guardian, or legal custodian (if applicable). As for a person aged above 18 years old, a referral for privately or publicly organized social service will be issued, but this time, to the parent, guardian, or legal custodian. A sworn statement describing relevant information that supports the officer's determination that the person committed the third violation will also be temporarily maintained. This will be done to track referrals to agencies and organizations and determine a subsequent violation.

In summary, an officer is not allowed to arrest, detain, or take an underaged culprit into custody for the possession, use, cultivation, or sale of marijuana, except to issue a written warning or provide notice of a violation to a parent, guardian, or legal custodian.

Where is it Legal to Smoke Weed in New Jersey?

Following the legalization of weed in New Jersey, individuals can smoke weed in private homes (if permitted by the landlord) and in marijuana consumption areas (MCA) for registered dispensaries that have this. New Jersey prohibits the consumption of marijuana in public places, including, but limited to:

• Within 1,000 feet of a school, youth center, or children daycare
• Public parks or beaches
• Private vehicles unless the vehicles are not in operation
• School buses or public means of transportation
• Correctional facilities, school grounds, public parks, beaches, or recreation centers
• Any area specified in N.J.S.A. 2C:33-13.
• Federal properties or lands

Smoking in public places is considered a serious offense and can attract a fine of $250 for a first-time offense, $500 for a second offense, and $1000 for a subsequent offense. The offense may also attract a prison term sentence of between 30 days and 6 months.

Can I Leave New Jersey with Cannabis?

No. The state law does not permit transporting cannabis across state lines. It is also prohibited by the Federal Controlled Substances Act, which classifies cannabis as a Schedule I drug. Hence, the United States Drug Enforcement Agency arrests and prosecutes violators. Despite marijuana being legal in New Jersey, strict procedures must be followed while transporting it within the state. Unsealed cannabis must be:

• Placed in the trunk of a motor vehicle;
• In the living quarters of a house trailer or motorhome; or
• At the back of the last upright seat in a trunkless vehicle.

Persons guilty of transporting marijuana shall be fined $200. The court will also inform such persons of the penalties for second or subsequent violations. Subsequent violations will attract fines of $250 or 10 days of community service as directed by the court. Note that individuals with MMP cards are also not allowed to travel with marijuana, and when transporting it within the state, they must only carry minimal quantities. They must also not operate a vehicle under the influence of marijuana.

Will Cannabis Affect My Driving Record in New Jersey?

Yes, driving under the influence (DUI) of marijuana in New Jersey is a serious traffic violation. It may result in the payment of fines, fees, and surcharges; suspension of a license or revocation of license; and even some time in jail. In some cases, the offender may be required to participate in 48 hours of driver instruction at an Intoxicated Driver Resource Center (IDRC). The New Jersey Motor Vehicle Commission is authorized to issue driver's licenses and also revoke or suspend them for traffic law violations. The Commission uses a point system to determine the penalties for DUIs. The way the point system works is as follows:

• 6 or more points within three years on an existing driving record will attract a surcharge.
• 12 or more points on an existing driving record will attract a license suspension. The notification of scheduled suspension will be sent to the offender by mail.
• Continued points on a license may increase the holder's insurance rates.

Can I Get a DUI if I Drive While I am High?

Yes. Driving under the influence in New Jersey is strictly prohibited. An active ingredient of marijuana, delta-9-tetrahydrocannabinol (THC), is present in marijuana, and it may impair the ability to drive. New Jersey Revised Statutes Section 39:4-50 prohibits driving while under the influence of a hallucinogen, and marijuana is largely considered a hallucinogen. Persecution for a marijuana DUI is the same as that of an alcohol DUI in New Jersey. However, unlike alcohol that can be measured by examining blood alcohol concentration, a marijuana DUI cannot be measured. Hence, the exact amount of marijuana to take to get arrested for DUI is undetermined because blood or urine chemical tests for THC are not reliable. These chemical test results do not entirely determine whether the DUI offender will be convicted. The officer can rely on other evidence such as the driver's:

• Statement to the arresting law enforcement agencies
• Driving pattern
• Performance on Field Sobriety Tests (Drivers are not legally mandated to submit to this test in New Jersey if they do not want to)
• Possession of marijuana in the car or other drug paraphernalia
• Visible symptoms of intoxication such as the odor of marijuana, rapid breathing, dilated pupils, or slowed reaction time
• Evidence of marijuana addiction

Persons arrested for marijuana DUIs will face the law irrespective of whether they used it for medical or recreational purposes. A criminal DUI occurs in New Jersey when the offender is:

• Driving with a child in the car
• Causing bodily injury to another person during the accident
• Driving with a suspended license
• Causing a death related to a drunk driving accident

The penalties for a DUI offense in New Jersey are quite severe. First-time DUI offenses will result in:

• Suspension of driver's license for 3 to 12 months
• Fines and fees of approximately $500 to $1,000
• Up to 48 hours of driver instruction at the Intoxicated Driver Resource Center (IDRC)
• Up to 30 days in jail
• $1,000 yearly surcharges for three years

Second-time DUI offenses will attract the following penalties:

• A two-year loss of license
• 48 hours at the IDRC
• Community service for 30 days and up to 90 days in jail
• Up to $1,500 in fees and fines as well as the mandatory $3,000 in surcharges.

Third-time DUI offenses will attract the following penalties:

• Mandatory jail time of 180 days
• Ten years loss of license
• Fines, fees, and surcharges of over $5,000.

An offender charged for a second or subsequent DUI offense is required to install an interlock device on any vehicle they operate. If the offender is under 17 years old, their driving privileges shall be suspended for 6 months – 2 years.

Can I Buy Marijuana in New Jersey?

Yes, but only when the Cannabis Regulatory Commission authorizes sales to begin. The law authorizes anyone aged 21 years or older to legally purchase recreational marijuana and marijuana products at state-registered retail storefronts. However, this is yet to materialize as the Cannabis Regulatory Commission] is still doing the background work. Persons with their MMP cards can purchase medical marijuana from medical dispensaries in New Jersey based on their registered health practitioners' prescriptions. The legal purchase of marijuana requires the buyer to present their valid ID, an unexpired New Jersey-issued driver's license, or a US passport. Minor patients can purchase marijuana through MMP registered caregivers. The caregivers must be New Jersey residents that are aged not less than 18 years old.

Where Can I Buy Marijuana in New Jersey?

As of June 2021, recreational marijuana is yet to be available for retail purchase in New Jersey, as regulations on the recreational sales market are still under review, although consumption is legal. MMP patients can get marijuana from medical marijuana dispensaries with their cards or prescriptions from MMP registered health workers. New Jersey only allows dispensaries that have obtained local permits and state licenses from the Cannabis Regulatory Commission.

How Much is Marijuana in New Jersey?

There is no fixed price for marijuana in New Jersey, but on average, each ounce of marijuana in New Jersey costs $343, and one ounce of flower goes for $250, respectively. Edibles like candy bars, crispy rice treats, Linden cookies, Nabisco snacks, chips, and fruit snacks have varying prices, but they go for an average price of $125 each.

How Much Cannabis Can I Legally Have?

According to the New Jersey Cannabis Regulatory Enforcement Assistance Marketplace Modernization Act, persons aged 21 years old and the older may have up to 6 ounces (170 grams) of marijuana. They can also possess up to 17 grams of hashish, but cultivation is strictly prohibited. However, this may be reviewed by the Cannabis Regulatory Commission. On the other hand, a qualified patient with an MMP card or has an MMP-registered physician prescription can possess up to 3 ounces of marijuana for 30 days. However, terminal patients are allowed an unlimited dose of marijuana, as directed by an MMP-registered physician.

Where is Weed Legal?