Currently in NJ its getting better. We still have a long way to go.
Possession
** Voters in New Jersey passed Question 1, which calls for amending the state constitution in a manner that accommodates for the adult-use possession, production, and sale of marijuana to those age 21 or older. The law took effect on January 1, 2021. Governor Murphy signed legislation to cease marijuana possession arrests and license retail sales into law on February 22, 2021.
Possession of up to 6 ounces of cannabis by an adult is legal.
Possession of more than 6 ounces of cannabis by an adult is a crime of the fourth degree punishable by 18 months imprisonment and a fine of up to $25,00
Possession within 1,000 feet of a school adds a sentence of 100 hours of community service to the sentence, as well a variable (depending on quantity) additional fine.
Section 2C:21-7.4 of the New Jersey Statutes Annotated Web Search
Section 2C:35-10 of the New Jersey Statutes Annotated Web Search
Distribution or Possession with the Intent to Distribute
Sale or distribution of less than 1 ounce is subject to a written warning for a first offense. Subsequent offenses are a crime in the 4th degree punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.
Sale or distribution of more than 1 ounce- less than 5 pounds is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.
Sale or distribution of 5 pounds – less than 25 pounds is a crime in the 2nd degree punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.
Sale or distribution of 25 pounds or more is a crime in the 1st degree punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*
* A mandatory minimum sentence (with limited exceptions) shall be imposed.
Sale within 1,000 feet of school property or a school bus is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum fine of $150,000.
If the violation involves less than 1 ounce, a mandatory minimum sentence of either 1/2 or 1/3 of the sentence shall be imposed.
Sale or distribution of less than 1 ounce within 500 feet of certain public property is a crime in the 3rd degree punishable by 3-5 years imprisonment and a maximum fine of $25,000.
Sale or distribution of more than 1 ounce within 500 feet of certain public property is a felony punishable by 5-10 years imprisonment and a maximum fine of $150,000.
Sale to minors or pregnant women is a felony which carries with a doubling of the term of imprisonment and the fine.
Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
Section 2C:35-7 of the New Jersey Statutes Annotated Web Search
Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Cultivation
Cultivation of 1 ounce – less than 5 pounds (less than 10 plants) is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.
Cultivation of 5 pounds – less than 25 pounds (10 – less than 50 plants) is a crime in the 2nd degree punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.
Cultivation of 25 pounds or more (50 or more plants) is a crime in the 1st degree punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*
* A mandatory minimum sentence shall be imposed.
Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Hash & Concentrates
New Jersey defines hashish as “the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin.” Hashish is a Schedule I controlled substance.
Section 24:21-2 of the New Jersey Statutes Annotated Web Search
Section 24:21-5(e) of the New Jersey Statutes Annotated Web Search
Possession of up to 17 grams of hashish by an adult is legal.
Possession of more than 17 grams of hashish is a crime of the 4th degree punishable by a maximum term of 18 months imprisonment and a maximum fine of $25,000.
Section 2C:35-10 of the New Jersey Statutes Annotated Web Search
Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Section 2C:43-8 of the New Jersey Statutes Annotated Web Search
M/manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense less than 5 grams of hashish is subject to a written warning for a first offense.
A subsequent offense of manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense less than 5 grams of hashish is a crime in the 4th degree punishable by a fine no greater than $25,000 and/or a term of imprisonment no greater than 18 months. If the amount of hashish is more than 5 grams but less than 1 pound, the offense is a crime in the 3rd degree punishable by a fine no greater than $25,000 and/or a term of imprisonment no less than 3 years and no greater than 5 years. If the amount of hashish involved was 1 pound or greater but less than 5 pounds, the offense is a crime in the second degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than 5 years and no greater than 10 years. If the amount of hashish involved was 5 pounds or greater, the offense is a crime in the first degree punishable by a fine no greater than $200,000 and/or a term of imprisonment no less than 10 years and no greater than 20 years.
Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense hashish within 1,000 feet of a school or school bus stop is a crime in the 3rd degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than a mandatory 3 years and no greater than 5 years.
Section 2C:35-7 of the New Jersey Statutes Annotated Web Search
Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Paraphernalia
** Voters in New Jersey passed Question 1, which calls for amending the state constitution in a manner that accommodates for the adult-use possession, production, and sale of marijuana to those age 21 or older. The law took effect on January 1, 2021. Governor Murphy signed legislation to cease marijuana possession arrests and license retail sales into law on February 22, 2021.
A person over the age of 21 may purchase, possess and use cannabis paraphernalia.
Sale of paraphernalia is a crime in the 4th degree punishable by a maximum sentence 18 months imprisonment and a maximum fine of $10,000.
Sale of paraphernalia to minors is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum sentence of $25,000.
Advertising the sale of any such device or equipment is a crime in the 4th degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months.
Section 2C:36-2 of the New Jersey Statutes Annotated Web Search
Section 2C:36-4 of the New Jersey Statutes Annotated Web Search
Section 2C:36-5 of the New Jersey Statutes Annotated Web Search
Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Section 2C:43-8 of the New Jersey Statutes Annotated Web Search
Miscellaneous
In NJ, failure to turn over marijuana or hashish to a nearby police officer is a misdemeanor. In addition, being under the influence of marijuana or hashish (whether you are driving a car or not), is also a misdemeanor. These offenses can be punished by:
Up to six months imprisonment (N.J.S.A. 2C:43-8)
A fine of up to $1000 (N.J.S.A. 2C:43-3(c))
Loss of Public Housing (N.J.S.A. 2A:18-61.1)
Potential Eviction from leased residential premises (N.J.S.A. 2A:18-61.1)
Loss of driving privileges for not less than six months and up to two years. (2C:35-16)
Mandatory loss of driving privileges for two years if the marijuana is in a motor vehicle. (N.J.S.A. 39:4-49.1)
A term of community service (N.J.S.A. 2C:43-2b(5))
A mandatory $75 Safe Neighborhoods Services assessment (N.J.S.A. 2C:43-3.2)
A mandatory $50 lab fee (2C:35-20)
A mandatory $50 Victims of Crime Compensation Board penalty (2C:43-3.1a(2)(a))
A mandatory $500 Drug Enforcement Demand Reduction penalty (N.J.S.A. 2C:35-15(e))
A period of probation of up to five years (N.J.S.A. 2C:43-2b(2); State v. Dove, 202 N.J.Super. 540, (Law Div. Jan 29, 1985)
Section 2C:35-10(c) of the New Jersey Statutes Annotated Web Search
Section 2C:35-10(b) of the New Jersey Statutes Annotated Web Search
Driver’s license suspension
Shall suspend, revoke or postpone the driving privileges for a period not less than six months or more than two years of every person convicted of or adjudicated delinquent for not less than 6 months and no more than two years. If less than 17 years old, the suspension shall not run less than six months or more than two years after they turn 17.
17. 39:5-30.13 of the New Jersey Statutes Annotated Web Search
More Information
CONDITIONAL RELEASE The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DRUGGED DRIVING Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have their record expunged.
LEGALIZATION Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
MANDATORY MINIMUM SENTENCE When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
All information is cited from NORML.org
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