What are New Jersey’s Marijuana Laws?

In recent years, some states have moved to legalize the recreational use of marijuana. New Jersey, however, is not one of those states. New Jersey still maintains strict laws regarding the possession and distribution of marijuana. Marijuana is classified as a Schedule I drug and is considered one of the most dangerous and addictive drugs. Crimes pertaining to marijuana can result in serious consequences in New Jersey. Contact an experienced New Jersey criminal defense attorney if you are facing drug charges. 

What are the Consequences of Possession?

It is illegal for anyone in New Jersey to be in possession of marijuana unless they are issued an identification card through the state’s Medicinal Marijuana Program. The consequences of possession can vary depending on the amount of the drug in the offender’s possession at the time of the arrest:

  • The possession of 50 grams or less is a “Disorderly Person” offense. A conviction for this offense can result in a maximum of 6 months imprisonment in addition to mandatory fines and penalties, and loss of driving privileges.
  • The possession of more than 50 grams is considered a 4th-degree felony. This can result in a maximum of 18 months imprisonment, a fine of up to $25,000 and mandatory penalties, and loss of driving privileges.

What are the Consequences of Distribution?

When a person is charged with the distribution of marijuana or possession with the intent to distribute, the potential consequences are based on the amount of marijuana in question.

  • Sale or distribution or possession with the intent to distribute less than 1 ounce is a crime in the 4th degree. A conviction for this offense can result in a maximum of 18 months imprisonment, a fine of $25,000 and mandatory additional financial penalties;
  • Sale or distribution or possession with intent to distribute 1 ounce to less than 5 pounds is a crime in the 3rd degree. A conviction can result in 3-5 years imprisonment, a fine of $25,000 and mandatory additional financial penalties;
  • Sale or distribution or possession with intent to distribute 5 pounds to less than 25 pounds is a crime in the 2nd degree. A conviction can result in 5-10 years imprisonment, a fine of $150,000 and mandatory additional financial penalties; 
  • Sale or distribution or possession with intent to distribute 25 pounds or more is a crime in the 1st degree. A conviction can result in 10-20 years imprisonment, a fine of $300,000, and mandatory additional financial penalties.

Medical Marijuana

Medicinal marijuana is legal in New Jersey. The New Jersey Medical Marijuana Program allows individuals with certain illnesses to be issued an identification card to purchase and possess a small amount of the drug. Anyone in possession of such a card must carry it on them at all times. Participation in the program does not exempt individuals from other related offenses, such as distribution or possession with intent to distribute or driving while under the influence.

Contact our Firm

If you or your loved one has been charged with a criminal offense, having an experienced criminal defense team available to advocate on your behalf is crucial. The Rem Katcher Law Group, P.C. is here to help. Contact our firm today.