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Sussex County Cannabis – Is It Legal & Where To Buy 2025

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  2. Sussex Cannabis Overview

Is Cannabis Cultivation Legal in Sussex County?

Medical or recreational cannabis cultivation in Sussex County is legal if licensed and only in the municipalities that allow it. In the State of New Jersey, medical cannabis was legalized in 2010 by the Compassionate Use Medical Marijuana Act (CUMMA) which was expanded in 2019 by the Jake Honig Compassionate Use Medical Cannabis Act. Recreational cannabis used by persons aged at least 21 was legalized in the state on February 22, 2021, by the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act. In Sussex County, 57,583 voted in favor of the CREAMM Act while 29,158 voted no. The Act, however, authorizes each municipality to opt in or opt out of recreational cannabis businesses.

As of April 1, 2022, the following 16 out of the 24 municipalities of Sussex County opted out of all types of recreational cannabis businesses:

  • Walpack
  • Green
  • Wantage
  • Montague
  • Branchville
  • Hampton
  • Hardyston
  • Ogdensburg
  • Sandyston
  • Sparta
  • Stillwater
  • Byram
  • Franklin
  • Hamburg
  • Hopatcong
  • Stanhope

The following municipalities of Sussex County allow only recreational cannabis businesses that are not retailers:

  • Lafayette
  • Frankford
  • Fredon
  • Andover Township

The following municipalities of Sussex County allow all types of recreational cannabis businesses:

  • Vernon
  • Andover
  • Newton
  • Sussex

All types of licenses for medical and recreational cannabis businesses, including medical and recreational cannabis cultivation licenses, are issued by the Cannabis Regulatory Commission (CRC). The CRC also created the recreational cannabis rules.

On August 2019, the CRC closed applications for new medical cannabis businesses. Existing medical cannabis businesses were allowed to continue to cultivate medical cannabis, manufacture medical cannabis products, and dispense medical cannabis and medical cannabis products only to medical cannabis cardholders. They were also allowed to express their intent to do the same for recreational cannabis provided they had their municipality’s approval. As of June 2023, there were no licensed medical cannabis businesses in Sussex County.

As of June 2023, the CRC was still accepting applications for recreational cannabis Class 1 cultivator licenses and cultivator microbusiness licenses. A microbusiness can have only a maximum of 10 employees and a facility measuring not more than 2,500 square feet. A cultivator microbusiness licensee can only grow a maximum of 1,000 mature cannabis plants monthly at a cannabis canopy height of 24 feet. As of June 2023, there were no recreational cannabis Class 1 cultivator licensees or cultivator microbusiness licensees in Sussex County.

According to the CREAMM Act, cannabis crops of licensed medical or recreational cultivators may be grown outdoors or indoors. Outdoor cultivation, however, must be first approved by the municipality.

Is Cannabis Manufacturing Legal in Sussex County?

Medical or recreational cannabis product manufacturing in Sussex County is legal if licensed and only in the municipalities that allow it as mandated by the CREAMM Act of the State of New Jersey.

While applications for new medical cannabis businesses have closed, existing licensed medical cannabis product manufacturers continue to operate in the state. Those of them who express the intent to also manufacture recreational cannabis products are also allowed to do so by the CRC.

As of June 2023, the CRC was still accepting applications for recreational cannabis Class 2 manufacturer licenses and manufacturer microbusiness licenses. The manufacturer microbusiness license has the same limitations in the number of employees and facility size as the cultivator microbusiness license. In addition, the manufacturer microbusiness licensee may only possess a maximum of 1,000 pounds of usable cannabis or its equivalent monthly. As of June 2023, there were no recreational cannabis Class 2 manufacturer licensees or manufacturer microbusiness licensees in Sussex County.

Licensed recreational cannabis product manufacturers must operate indoors in a facility that is completely enclosed and secured with locks. The following restrictions apply to recreational cannabis products:

  • Not more than 10 milligrams of tetrahydrocannabinol (THC) may be contained in one serving of any cannabis product
  • Not more than 100 milligrams of THC may be contained in one package of any cannabis product intended for ingestion
  • Not more than one-fourth ounce or 7.09 grams of cannabis or its equivalent may be contained in one package of any cannabis product intended for inhalation

Is Cannabis Retail Legal in Sussex County?

Medical or recreational cannabis and cannabis product retail in Sussex County is legal if licensed and only in the municipalities that allow it. This is stipulated by the State of New Jersey’s CREAMM Act.

No new applications for medical cannabis businesses are being accepted by the CRC but existing licensed medical cannabis dispensaries continue to sell medical cannabis and medical cannabis products only to medical cannabis cardholders in the state. Those of them who express the intent to also sell recreational cannabis products to persons aged at least 21 are also allowed to do so by the CRC.

As of June 2023, the CRC was still accepting applications for recreational cannabis Class 5 retailer licenses and retailer microbusiness licenses. Recreational cannabis retailer licensees and retailer microbusiness licensees are authorized to sell both medical and recreational cannabis and cannabis products to qualified purchasers.

The same limitations in the employee numbers and facility area apply to the retailer microbusiness license as the cultivator microbusiness license. The retailer microbusiness licensee may also possess not more than 1,000 pounds of usable cannabis or its equivalent monthly. As of June 2023, there were no recreational cannabis Class 5 retailer licensees or retailer microbusiness licensees in Sussex County.

For medical cannabis cardholders, the purchase limit for every 30 days is 84 grams of cannabis or the equivalent. However, there is no cap for cardholders with a terminal illness.

Consumers aged at least 21 who can show a valid government-issued ID with proof of age are allowed to purchase at each transaction only 28.35 grams of cannabis or one of the following equivalents:

  • Raw cannabis, 1 ounce
  • Solid cannabis concentrate or resin, 4 grams
  • Liquid cannabis concentrate, 4 grams
  • Cannabis oil or vaporized oil, 4 grams
  • Cannabis products, 1,000 milligrams of THC

In addition to dried cannabis plant parts, licensed medical and recreational cannabis retailers may sell resins, concentrates, oil, tinctures, extracts, syrups, chewable products, tablets, capsules, and pills. Medical and recreational cannabis products must be free from additives that are health hazards. Cannabis products in food form are prohibited.

Is Cannabis Delivery Legal in Sussex County?

The establishment of medical or recreational cannabis and cannabis product delivery services in Sussex County is legal if licensed and only in the municipalities that allow it pursuant to the CREAMM Act of the State of New Jersey. However, while a municipality may ban the establishment of licensed cannabis delivery services within its jurisdiction, the CREAMM Act prohibits any municipality from banning the licensed delivery of medical or recreational cannabis and cannabis products from other municipalities to their residents who are qualified purchasers.

How to Get a Medical Marijuana Card in Sussex County

Both residents and non-residents of Sussex County may apply for the New Jersey Medicinal Cannabis Program’s (NJMCP) medical cannabis card for medical cannabis treatment.

Residents must be under the care of a health practitioner registered with the NJMCP. There are 10 in Sussex County but as of June 2023, only two are open to new patients.

If the patient has any of the following qualifying conditions, the health practitioner will issue a reference ID number, a registry ID number, and an Authorizing Provider Statement:

  • Terminal illness with a life expectancy shorter than 12 months
  • Inflammatory bowel diseases
  • Anxiety
  • Migraine
  • Tourette Syndrome
  • Muscular dystrophy
  • Amyotrophic lateral sclerosis
  • Multiple sclerosis
  • Post-Traumatic Stress Disorder (PTSD)
  • Intractable skeletal muscular spasticity
  • Cancer
  • Opioid Use Disorder
  • Seizure disorders
  • Glaucoma
  • Dysmenorrhea
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Chronic pain
  • Positive Human Immunodeficiency Virus (HIV)

The patient must then create an account on the NJMCP registry portal and make an application. Proof of state residency and a current photo are required. The fee is $50 but could be reduced to $20 for those who could submit any of the following:

  • Proof of being 65 years old or older
  • Proof of being a military veteran
  • Proof of being a New Jersey Medicaid beneficiary
  • Proof of being a New Jersey Temporary Disability Insurance (TDI) beneficiary
  • Proof of being a Medicare beneficiary
  • Proof of being a Supplemental Nutrition Assistance Program (SNAP) beneficiary
  • Proof of being a Social Security Disability (SSD) beneficiary
  • Proof of being a Supplemental Security Income (SSI) beneficiary

A caregiver who is a parent or a legal guardian is mandatory for [patients younger than 18](https://www.nj.gov/cannabis/documents/mmp/New Portal Instructions/NJ MCP Child Registration User Guide.pdf). A minor’s caregiver will be given a free medical cannabis card.

An incapacitated adult patient may also require a caregiver and may appoint up to two. The caregivers of adult patients undergo the same process on the online portal and pay the same fees as the adult patient. The same discount also applies to qualified aid beneficiaries.

Patients and caregivers who are state residents are issued renewable medical cannabis cards with a two-year validity period.

Non-state residents in Sussex County are only allowed to apply for a non-renewable medical cannabis card with a six-month validity period if they hold a valid medical cannabis card from their home state. They must also be examined by a health practitioner who is in the NJMCP registry. The practitioner will certify them in the registry and give them access to the portal where they could make an application.

The public may address their questions to the following:

Medicinal Cannabis Program Patient Services

Phone: 609-292-0424

Email: medcannabis@crc.nj.gov

How Has Cannabis Legalization Impacted the Economy of Sussex County?

There were no medical or recreational cannabis businesses in Sussex County as of June 2023. Hence, the legalization of medical and recreational cannabis in the State of New Jersey has not impacted the economy of the county. If a recreational cannabis business is established in a municipality that allows it though, the following maximum levels of transfer taxes and use taxes may be imposed by the municipality:

  • A licensed cultivator, manufacturer, or retailer must pay a 2% transfer on each sale of recreational cannabis or cannabis products
  • A licensed cultivator, manufacturer, or retailer with more than one recreational cannabis business must pay a 2% use tax on each transfer of recreational cannabis or cannabis products from one location to another
  • A licensed wholesaler must pay 1% on each sale of recreational cannabis or cannabis products

Statewide, there is no sales tax on medical cannabis. There is, however, a 6.625% sales tax on recreational cannabis retail sales. There is also a Social Equity Excise Fee (SEEF) of $1.52 per ounce of cannabis that licensed recreational cannabis cultivators have to pay on their sales to licensed recreational cannabis manufacturers, retailers, and wholesalers.

Retail sales of recreational cannabis in the state of New Jersey started on April 21, 2022, during which gross sales statewide were nearly $1.9 million, according to the CRC.

The Effects of Cannabis Legalization on Crime Rates in Sussex County

Medical cannabis was initially legalized in the State of New Jersey in 2010, and recreational cannabis was legalized in 2021 only in specific municipalities that opted in.

On the FBI’s Crime Explorer page, data shows that in 2009, a year before the legalization of medical cannabis, there were 25,733 arrests for marijuana offenses statewide, comprised of 21,983 arrests for possession and 3,750 arrests for sales.

In 2011, a year after the legalization of medical cannabis, there were 24,978 arrests for marijuana offenses, comprised of 21,720 arrests for possession and 3,258 arrests for sales.

The latest data available, which is from 2021 and the year that recreational cannabis was legalized, shows 244 arrests for marijuana offenses, comprised of 200 arrests for possession and 44 arrests for sales.

In those years, the number of DUI arrests was as follows:

  • 2009: 27,345 arrests
  • 2011: 26,206 arrests
  • 2021: 1,680 arrests