New Jersey joined the growing number of states to legalize the recreational use (or “adult use”) of marijuana in 2021. However, there are still strict laws and regulations governing the sale, cultivation, and use of recreational marijuana, and New Jersey residents can still face a variety of marijuana-related criminal charges. So, what do you need to know in 2024? Find out from an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A.:
New Jersey’s Recreational (“Adult Use”) Marijuana Law
Under New Jersey’s recreational marijuana law, “[a]dults 21 years and older can buy recreational cannabis at a licensed dispensary.” The New Jersey Office of Information Technology (NJOIT) maintains an updated list of licensed dispensaries on its website. As the New Jersey Cannabis Regulatory Commission (NJCRC) goes on to explain, under New Jersey law, it is legal to purchase the following from a licensed dispensary for recreational use (if you are 21 or older):
- 28.35 grams (1 ounce) of dried flower;
- Four grams of solid cannabis concentrates or resin, or the equivalent of 4 grams of concentrate in liquid form;
- Four grams of vaporized formulations (oil); or,
- 1000 milligrams of multiple ingestible cannabis-infused products (i.e., ten 100-mg packages).
Additionally, “[a] purchase of a combination of products may be 14.17 grams (1/2 ounce) of dried flower and 2 grams of concentrate, or 5 packages of gummies and 14.17 grams (1/2 ounce) of dried flower.” While purchases of recreational marijuana are limited to one ounce or less, New Jersey residents can lawfully possess up to six ounces of marijuana under the law.
Smoking, vaping, and consuming edibles are all legal under New Jersey’s recreational marijuana law as of 2024. Marijuana use is permitted on private property, though property owners (including businesses) can restrict the use of marijuana on their property if they choose to do so.
New Jersey’s Medicinal Cannabis Program Law
Along with legalizing the “adult use” of marijuana for adults over 21, New Jersey has also legalized the medicinal use of marijuana for both adults and minors under its Medicinal Cannabis Program. This program remains active in 2024.
As the NJCRC explains, “New Jersey’s Medicinal Cannabis Program . . . helps registered patients under the care of licensed healthcare practitioners safely access cannabis-based medicine from regulated and monitored facilities. . . . As part of medicinal treatment, patients [can] receive cannabis orders from their doctor or other healthcare practitioner of up to 84 grams for every 30-day period.”
Registered patients can purchase cannabis for medicinal use from licensed dispensaries or from licensed Alternative Treatment Centers (ATCs). The NJCRC began offering free digital ID cards to Medicinal Cannabis Program participants earlier this year.
New Jersey’s Marijuana Sales Tax Law
Retail cannabis products sold under New Jersey’s adult use law are subject to a 6.625 percent sales tax as of 2024. This means that cannabis products are treated similarly to unregulated products, whereas alcohol and tobacco are subject to special tax rates under New Jersey law.
New Jersey’s Marijuana Home Cultivation Law
While using marijuana at home is legal under New Jersey law (as long as you are 21 or older), growing marijuana at home is not. As the NJCRC makes clear, “[c]urrent New Jersey law does . . . authorize private, residential, or any [other] growing of cannabis outside of a business with a cultivation license.” If you are caught growing marijuana at home, you can face criminal charges and steep penalties under New Jersey law as of 2024.
New Jersey’s Marijuana Crime Laws
Although New Jersey has legalized both adult use and medicinal use of marijuana, the New Jersey Revised Statutes still enumerate several marijuana-related crimes. Some examples of these crimes include:
- Possessing more than six ounces of marijuana
- Distributing marijuana without a dispensary license (though you can give away less than one ounce without violating the law)
- Cultivating marijuana without a license
- Possessing more than 17 grams of hash or concentrate
- Manufacturing, distributing, or possessing with the intent to distribute hash or concentrate (though you can give away less than five grams without violating the law)
The specific charges and penalties for these crimes vary depending on the amount of marijuana involved and other factors. For example, while unlawfully distributing one ounce to five pounds of marijuana is a fourth-degree indictable offense carrying up to 18 months in prison and a $25,000 fine, distributing up to 25 pounds is a second-degree indictable crime that carries 5 to 10 years of prison time and a $150,000 fine. Distributing marijuana in a school zone or to minors can increase the penalties you are facing as well.
New Jersey’s Marijuana DUI Law
Finally, while using marijuana for recreational purposes is legal in New Jersey if you are 21 or older, driving under the influence of marijuana is not legal under any circumstances. If you are caught driving under the influence of marijuana, you can be charged with a DUI—and you can face the same penalties as someone charged with drunk driving. These penalties are substantial, and DUI charges are not eligible for expungement in New Jersey as of 2024.
Although prosecutors cannot use your blood alcohol concentration (BAC) to prove a marijuana DUI, they can use various other forms of evidence to try to secure a conviction. These forms of evidence include the arresting officer’s testimony and dashcam or body camera footage, among others. While defendants will have strong defenses available in many cases, asserting these defenses effectively requires the representation of an experienced New Jersey criminal defense attorney.
Need a New Jersey Criminal Defense Attorney? Contact Helmer, Conley & Kasselman, P.A. Today
Do you need to know more about New Jersey’s marijuana laws or the defenses that are available to individuals facing marijuana-related charges in New Jersey? If so, we invite you to contact us for a confidential consultation. To speak with an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A. as soon as possible, call 877-435-6371 or tell us how we can reach you online now.
