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Wednesday, November 14, 2018
Home Marijuana Laws by State New Jersey Marijuana Laws

New Jersey Marijuana Laws

New Jersey may be The Garden State, but that doesn’t mean it is a fan of grass. The medicinal use of marijuana is permitted in NJ, but the drug is prohibited for any other purpose.

New Jersey Marijuana Attorneys

The following New Jersey lawyers are actively involved in the practice of cannabis law:

LAW BREAKDOWN

Marijuana has been legalized for medical use in New Jersey, but possession, distribution, and cultivation for any other reason is a crime. Especially stiff penalties apply to the manufacture, distribution, or sale of hashish and other cannabis concentrates.

Possession

It is a disorderly person offense to possess up to 50 grams of marijuana in New Jersey, and the maximum penalty is six months in jail and $1,000 in fines. Possession of more than 50 grams is a crime in the 4th degree, and comes with a maximum punishment of 1.5 years in prison and a fine of $25,000. Possession within 1,000 feet of a school can lead to increased fines and community service requirements.

Distribution

It is a crime to sell or otherwise distribute any amount of marijuana in New Jersey or to possess it with intent to distribute it.

If the weight is less than one ounce, the offense is a 4th degree crime punishable by up to 1.5 years in prison and $25,000 in fines. If the weight is between one ounce and five pounds, there is a mandatory minimum penalty of 3 years in prison, a maximum of five years, and up to $25,000 in fines.

Distribution of between five and 25 pounds carries a minimum sentence of five years in prison, a maximum of 10 years, and as much as $150,000 in fines. With 25 pounds or more, the penalty increases to between 10 and 20 years in prison and up to $300,000.

Sale or distribution within 1,000 feet of a school or school bus is punishable by between three and five years in prison, plus up to $150,000. Incarceration and fines double for sale or distribution to a minor or pregnant woman.

Cultivation

It is a crime to grow any amount of marijuana in New Jersey. Cultivation of less than 10 plants is punishable by at least three years in prison, as many as five, and up to $25,000 in fines.

Cultivation of between 10 and 49 plants carries a minimum penalty of five years in prison, a maximum of 10 years, and a top fine of $150,000. Cultivation of 50 or more plants comes with a minimum sentence of 10 years in prison, a maximum of 20 years, and a fine of up to $300,000.

Hash and Concentrates

Special weight limits and penalties apply to hashish, hash oil, and other marijuana concentrates. Simple possession of fewer than 5 grams is a disorderly person offense subject to as much as six months in jail and $1,000 in fines. When more than five grams is possessed, the fine can be as much as $25,000 and the prison term can be up to 18 months.

Making, distributing, or selling less than five grams of concentrate is a fourth-degree crime, as is possession with intent to distribute. The maximum penalty is 18 months in prison and $10,000 in fines. Manufacture, distribution, sale, and possession with intent is a third-degree crime if the amount is between five grams and one pound, and the penalty is between three and five years in prison and a fine of up to $25,000.

A minimum of five years and a maximum of 10 years in prison, plus up to $150,000 in fines, applies to second-degree manufacture, distribution, sale, or possession with intent if the amount is between one and five pounds. If it is five pounds or more, the offense is a first-degree crime and the top punishment is between 10 and 20 years in prison and $200,000 in fines.

Manufacturing, distributing, or possessing with intent to distribute cannabis concentrates within 1,000 feet of a school or school bus stop is a 3rd-degree crime punishable by a fine of no more than $150,000, and between three and five years in prison.

Paraphernalia

Use, possession and sale of marijuana possession are illegal in New Jersey. Paraphernalia includes any objects used primarily for the cultivation, harvesting, processing, storage, testing, analysis, or use of marijuana.

Use and possession. Use or possession of marijuana is a ‘Disorderly Persons Offense’, and the penalty can include up to six months in jail and $1,000 in fines.

Sale and distribution.  Sale of paraphernalia is a crime in the 4th degree punishable by up to 18 months imprisonment, $10,000 in fines, or both.  The advertising of paraphernalia is subject to the same penalties.

Sale to a minor.  Sale of marijuana paraphernalia to a minor is a crime in the 3rd degree, and the penalty is between three and five years in prison and up to $25,000 in fines.

MEDICAL MARIJUANA

New Jersey’s medical marijuana law allows the use, possession and cultivation of marijuana for patients with debilitating conditions.

Patients, physicians, primary caregivers are protected from “arrest, prosecution, property forfeiture and criminal and other penalties.”

Qualifying conditions

  • Addiction substitute therapy for opioid reduction
  • Amyotrophic Lateral Sclerosis (ALS)
  • Anxiety
  • Cancer (includes associated chronic pain and/or severe nausea)
  • Chronic pain related to musculoskeletal disorders
  • Chronic visceral pain*
  • Crohn’s disease
  • Glaucoma
  • HIV/AIDS (includes associated chronic pain and/or severe nausea)
  • Inflammatory bowel disease (IBD)
  • Migraines
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Post-Traumatic Stress Disorder
  • Seizure and/or spasticity disorders
  • Tourette’s syndrome
  • Any terminal illness if a doctor has determined the patient will die within a year

Patient possession limits – Two ounces per month

Home cultivation – No

State-licensed dispensaries – Yes. No more than 12.

Caregivers – Yes. A primary caregiver is a person who assists a registered patient with their medical use of marijuana. The primary caregiver must be a resident of New Jersey and must not be the patient’s physician. The primary caregiver must never have been convicted of a felony, and can only care for one patient at a time. All caregivers must be at least 18 years of age.

Reciprocity – No

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

50 g or less Disorderly Person 6 months $ 1,000
More than 50 g Crime 1.5 years $ 25,000
Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine.

Distribution

Less than 1 oz Crime 1.5 years $ 25,000
1 oz – less than 5 lbs Crime 3* – 5 years $ 25,000
5 – less than 25 lbs Crime 5* – 10 years $ 150,000
25 lbs or more Crime 10* – 20 years $ 300,000
Within 1000 feet of a school or school bus Crime 3* – 5 years $ 150,000
Includes possession with the intent to distribute
To minors or pregnant women carries a double term of imprisonment and fine.
* Mandatory minimum sentence

Cultivation

1 oz – less than 5 lbs (less than 10 plants) Crime 3* – 5 years $ 25,000
5 – less than 25 lbs (10 – less than 50 plants) Crime 5* – 10 years $ 150,000
More than 25 lbs (50 plants or more) Crime 10* – 20 years $ 300,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of 5 g or less Disorderly Person 6 months $ 1,000
Possession of more than 5 g Crime 18 months $ 25,000
Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g Crime 18 months $ 10,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 g – less than 1 lb Crime 3* – 5 years $ 25,000
Manufacturing, distributing, dispensing, or possessing with intent of 1 lb – less than 5 lbs Crime 5* – 10 years $ 150,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more Crime 10* – 20 years $ 300,000
Within 1000 feet of a school or school bus Crime 3* – 5 years $ 150,000
* Mandatory minimum sentence

Paraphernalia

Possession or use of paraphernalia Disorderly Person 6 months $ 1,000
Sale of paraphernalia Crime 18 months $ 10,000

Miscellaneous

Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details.
If under 17 year, driving privileges shall be suspended for 6 months – 2 years