Important points
In New Jersey, recreational use of weed is legal for adults 21 and older, with a purchase limit of 1 ounce and a possession limit of 6 ounces. Medical marijuana is legal in New Jersey, and approved patients can purchase up to 3 ounces in a 30-day period. Home-growing is not currently allowed in New Jersey, but lawmakers are working to pass a bill that would allow it annually.
Marijuana is legal in New Jersey for both recreational and medical use. Adults 21 and older can possess up to 1 ounce of marijuana for recreational purposes, increasing to 3 ounces for medical patients.
Although New Jersey's cannabis laws are very relaxed, there are still some important rules to know before operating in the state, especially before growing.
New Jersey Cannabis Laws
Cannabis is fully legal in New Jersey for both adults (21 years of age and older) who wish to use cannabis recreationally and for qualifying medical patients.
Recreational cannabis laws
New Jersey enacted the New Jersey Cannabis Regulation, Enforcement Assistance, and Market Modernization Act in November 2020, legalizing the recreational use of weed.
This makes it clearly legal for adults 21 and older in the state to purchase up to 1 ounce (28.35 grams) of marijuana, 5 grams of concentrate, or 1000 mg of THC in the form of edibles such as: “It is not illegal.'' Gummy.
You can also mix them, so you get, for example, 2.5 g of concentrate and 0.5 oz of flower. If the fee has not been paid, you can also legally transfer this amount.
However, there are no penalties for possession of up to 6 ounces of marijuana.
Penalties for excessive possession
Like most legal states, New Jersey still has limits on the amount of marijuana you can consume.
However, Bill A1897 makes it clear that criminal penalties only begin for possession of more than 6 ounces of marijuana, effectively decriminalizing it unless it is fully legalized.
Possession of 6 ounces or more is considered a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $25,000.
medical cannabis law
Medical marijuana is legal in New Jersey, and the most important of New Jersey's medical marijuana laws is S 88, the Compassionate Use of Medical Marijuana Act.
This will allow eligible patients with state-issued marijuana cards to purchase marijuana from Alternative Treatment Centers (ATCs) within the state.
Possession restrictions for medical marijuana patients
Medical marijuana patients in New Jersey can legally possess up to 3 ounces in a 30-day period.
However, there are no possession restrictions for terminally ill patients or patients receiving hospice care.
How to get a medical marijuana card in New Jersey?
You must have a New Jersey medical marijuana card before purchasing from ATC.
The process is similar to that in other states and begins by making an appointment with a doctor in your state who is enrolled in the program.
Your doctor must diagnose that you have one of the following conditions:
Amyotrophic lateral sclerosis Anxiety Cancer Chronic pain Dysmenorrhea Glaucoma Inflammatory bowel diseases including Crohn's disease Intractable skeletal muscle spasticity Migraine Multiple sclerosis Muscular dystrophy Opioid use disorder Human immunodeficiency virus (HIV) and Positive conditions for innate immune deficiency syndrome (AIDS) Post-traumatic stress (PTSD) Seizure disorders including epilepsy Terminal illness with a life expectancy of less than 12 months Tourette syndrome
If you have any of the qualifying symptoms and your doctor agrees that cannabis can help in your case, he or she will give you a recommendation and a reference number to apply.
Get this, along with a recent full-frontal photo (the type you would use for an ID or passport), a government-issued photo ID, and proof of New Jersey residency, and go to a medical marijuana program office. New patient registration page.
Also, if you want a physical card, you'll have to pay a $10 fee that's valid for two years.
Can it be consumed in public in New Jersey?
Recreational and medical marijuana consumers in New Jersey can smoke marijuana anywhere smoking is allowed.
However, New Jersey's smoke-free air law prohibits smoking in most public spaces.
Can you drive under the influence of marijuana?
It is illegal to drive a motor vehicle under the influence of marijuana in New Jersey, as it is in basically every state in the country.
Just as it is illegal to actually drive your own car while intoxicated, it is also illegal to allow someone who is intoxicated to drive your car or a car under your control.
The state has an implied consent law, but it only applies to alcohol. This means that any test you take to determine whether you are high is at your own discretion, and you will not be penalized for refusing to take such a test.
However, refusing a breathalyzer test can lead to problems, and it is possible for a police officer to determine you are impaired even without conclusive chemical evidence.
The penalties if you are convicted of driving under the influence of marijuana in New Jersey are:
A first-time violation will result in a fine of $300 to $500, 12 to 48 hours in jail, up to 30 days in jail, and your license will be revoked for 7 months to 1 year. For a second offense, the fine increases from $500 to $1,000, 30 days of community service, and 48 hours to 90 days in jail (no probation or probation). You will lose your license for two years. For a third or subsequent offense, you will be fined $1,000 and imprisoned in the county jail or workhouse for at least 180 days. However, up to 90 days of this time (at the discretion of the court) may be replaced by time in an inpatient drug rehabilitation program. His license will be invalidated for 10 years, after which he will be required to install an ignition interlock device in his car.
Is Delta-8 THC legal in New Jersey?
Yes, Delta-8 THC is legal in New Jersey.
The state Legislature passed A 1330, which legalizes “hemp” and its derivatives, provided they contain less than 0.3% delta-9 THC by dry weight, following guidance in the federal Farm Bill.
This means that delta-8 is legal by default and can be sold almost freely unless other specific regulations are passed on this topic.
However, since it is a legal state, any further regulation will likely just be incorporated into New Jersey's recreational weed program.
Related: Delta-8 THC Method Explained
Has marijuana been decriminalized in New Jersey?
In New Jersey, up to one ounce of marijuana is legal for adults, but quantities between one and six ounces are technically decriminalized.
This is because there is no criminal liability for this crime, and there is no imposition of even a minor fine or anything similar. In other words, New Jersey's marijuana laws essentially go beyond decriminalization at this point.
Is it legal to grow weed in New Jersey?
Although New Jersey's recreational weed law allows adults in the state to purchase marijuana from dispensaries, it remains illegal to grow your own marijuana.
Basically, only those with an approved cultivation license are allowed to grow cannabis, and there is no equivalent system for individuals.
This has drawn criticism and may change in the future, but efforts so far have been unsuccessful.
The actual punishment is very severe, which makes things even worse. If you have 6 ounces in your duffel bag, you can basically get away with nothing, but if you grow one plant, you're committing a felony.
If you have fewer than 10 plants, you could face three to five years in prison and a fine of up to $25,000. For factories with 10 to 50 factories, the penalty increases to 5 to 10 years in prison and a fine of up to $150,000. For plants with 50 or more, the penalty is 10 to 20 years in prison and a fine of up to $300,000.
This means you can use your pharmacy now and wait for the law to change in the next few years if you want to grow. A number of bills have been proposed to allow home cultivation in 2024.
conclusion
Cannabis is legal in New Jersey for both recreational and medical purposes, and the state has permissive laws regarding things like Delta-8.
However, the cultivation methods are strict, so it is important to avoid growing it yourself and instead use an adult-use dispensary or ATC in your state.
If you are 21 or older, you can easily buy 1 ounce (or equivalent), have up to 6 ounces (or equivalent) without penalty, and are free to smoke in private.
