New Jersey’s marijuana laws and the state’s efforts to prosecute marijuana-related crimes are continuing to evolve. While there haven’t been any significant developments over the past year, understanding New Jersey’s marijuana laws can be complicated, and a bill pending in the New Jersey legislature could potentially allow residents to start growing marijuana for personal use in 2025. Learn more from an experienced New Jersey drug lawyer at Helmer, Conley & Kasselman, P.A.
The Current State of New Jersey’s Recreational (or “Adult Use”) Marijuana Law
Recreational (or “adult use”) of marijuana remains legal under New Jersey law for adults over age 21. Currently, adults over age 21 may only purchase marijuana from the state’s licensed cannabis dispensaries—home growing is still illegal, although this could change under a bill introduced last year. If passed, Senate Bill 1985 would “[l]egalize[] growing or possessing up to six marijuana plants for personal recreational use, and up to 10 plants for personal medical use, by persons aged 21 or older.”
Marijuana-Related Crimes Under New Jersey Law in 2025
While recreational use is legal for adults over 21, there are still various marijuana-related crimes under New Jersey law. These include:
Possessing More than Six Ounces of Marijuana
New Jersey’s recreational marijuana law only allows adults over age 21 to possess up to six ounces of marijuana at any time. Possessing more than six ounces of marijuana is a fourth-degree indictable offense that carries up to 18 months in prison and a $25,000 fine.
Possessing Marijuana on School Grounds
New Jersey law prohibits possessing any amount of marijuana on school grounds. If you are arrested for possessing an otherwise lawful amount of marijuana on school grounds, you can be charged with a disorderly persons offense, carrying up to six months in jail and a $1,000 fine. If you are arrested with more than six ounces in your possession, you can be charged with possessing an unlawful amount of marijuana and possessing marijuana on school grounds.
Cultivation of Marijuana Outside of a Licensed Facility
If you get caught growing marijuana at home, you can be charged with cultivation outside of a licensed facility. This is either a third, second or first-degree indictable offense depending on the number of plants (or pounds) involved:
- Less Than 10 Plants (or Less than Five Pounds) – Third-degree indictable offense carrying three to five years of prison time and a $25,000 fine.
- Ten to 50 Plants (or Five to 25 Pounds) – Second-degree indictable offense carrying five to ten years of prison time and a $150,000 fine.
- 50 Plants or More (or More than 25 Pounds) – First-degree indictable offense carrying 10 to 20 years of prison time and a $300,000 fine.
Distribution of Marijuana Outside of a Licensed Facility
Under New Jersey law, you can give up to one ounce of marijuana to an adult over the age of 21. However, “[y]ou may not accept any form of payment or compensation for the gifted cannabis.” If you accept any amount of payment for any amount of marijuana, you can be charged with distribution—with the penalties you are facing also depending on the quantity involved:
- Less Than One Ounce – A first offense involving the distribution of less than one ounce of marijuana should result in a written warning. A second offense is a fourth-degree indictable offense.
- One Ounce to Five Pounds – In all scenarios, distributing between one ounce and five pounds of marijuana is a third-degree indictable offense.
- Five Pounds to 25 Pounds – Distributing between five pounds and 25 pounds of marijuana is a second-degree indictable offense.
- Twenty-Five Pounds or More – Distributing 25 pounds or more is a first-degree indictable offense.
If you are arrested for selling marijuana within 500 feet of a public park or public housing area, you will minimally be charged with a third-degree indictable crime. Selling any amount of marijuana within 1,000 feet of school property is also at least a third-degree indictable crime, though prosecutors can pursue second-degree charges in cases involving more than one ounce.
Possession with Intent to Distribute
Under New Jersey’s current marijuana laws, possession with intent to distribute is subject to the same penalties as distribution. In “intent to distribute” cases, prosecutors can use baggies, scales, money counting machines, and other similar types of evidence to prove that the defendant was not simply holding marijuana for personal use.
Smoking Marijuana in Public
New Jersey’s “adult use” marijuana law (and medical marijuana law) only allows smoking in “private spaces.” If you are arrested for smoking marijuana in public, you can be charged with a civil violation and face a fine of $250 to $1,000.
Driving Under the Influence of Marijuana (or a “Marijuana DUI”)
Driving under the influence of marijuana (or a “marijuana DUI”) is generally subject to the same penalties as driving under the influence of alcohol. This means that as a first-time offender, you can face penalties including:
- Fines and surcharges
- Driver’s license suspension
- Up to 30 days in jail
- Additional administrative penalties
Repeat offenders can face enhanced penalties, and various aggravating factors (such as having a minor in your vehicle or driving in a school zone) can increase the risks of a marijuana DUI arrest as well. If you cause a serious or fatal accident while driving under the influence of marijuana, you can be charged with either “assault by auto” (which can be a fourth-degree, third-degree or second-degree indictable offense depending on the circumstances involved) or vehicular homicide (which is either a second-degree or first-degree indictable offense depending on the circumstances involved).
Schedule an Appointment with a New Jersey Drug Lawyer at Helmer, Conley & Kasselman, P.A.
At Helmer, Conley & Kasselman, P.A., we provide experienced legal representation for individuals who are facing all types of marijuana-related charges in New Jersey. If you have been arrested, we encourage you to contact us promptly to discuss your case in confidence. To schedule an appointment with an experienced New Jersey drug lawyer as soon as possible, call 877-435-6371 or tell us how we can get in touch online today.
