New Jersey Marijuana Laws

Possession

Possession of 50 grams or less is a “Disorderly Person” offense punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Possession of more than 50 grams is a felony punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.

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.

Distribution or Possession with the Intent to Distribute

Sale or distribution of less than 1 oz. is a felony punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.

Sale or distribution of 1 oz.- 5 lbs. is a felony punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.

Sale or distribution of 5 lbs.-25 lbs. is a felony punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.

Sale or distribution of 25 lbs. or more is a felony 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 felony which is punishable by a sentence of 3-5 years imprisonment and a maximum fine of $150,000.

If the violation involves less than 1 oz., a mandatory minimum sentence of either 1/2 or 1/3 of the sentence shall be imposed.

Sale or distribution of less than 1 oz. within 500 feet of certain public property is a felony punishable by 3-5 years imprisonment and a maximum fine of $25,000.

Sale or distribution of more than 1 oz. 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.

Cultivation

Cultivation of 1 oz.-5 lbs. (less than 10 plants) is a felony punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.

Cultivation of 5 lbs.- 25 lbs. (10-49 plants) is a felony punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.

Cultivation of more than 25 lbs. (50 or more plants) is a felony punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*

* A mandatory minimum sentence shall be imposed.

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.

Possessing hashish is a disorderly person offense punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 6 months. Possessing 5 grams or more of hashish is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months.

Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense less than 5 grams of hashish is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months. If the amount of hashish is 5 grams or more but less than 1 pound, the offense is a crime in the third degree punishable by a fine no greater than $15,000 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.

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 third 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. Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense hashish within 500 feet of a public housing facility, public park, public library, or public museum 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.

Any device or equipment that is used to create hashish is considered drug paraphernalia. Using or possessing with intent to use any such device is a disorderly person offense punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 6 months. Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense any such device or equipment is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months. Advertising the sale of any such device or equipment is a crime in the fourth degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months. Delivering any such equipment by someone over the age of 18 to someone under the age of 18 is a crime in the third degree punishable by a fine no greater than $15,000 and/or a term of imprisonment no less than 3 years and no greater than 5 years.

Paraphernalia

Possession or use of paraphernalia is a “Disorderly Persons Offense” punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Sale of paraphernalia is a felony punishable by a maximum sentence 18 months imprisonment and a maximum fine of $10,000.

Sale of paraphernalia to minors is a felony punishable by a sentence of 3-5 years imprisonment and a maximum sentence of $15,000.

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.

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.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

50 g or less disorderly person 6 mos $ 1,000
More than 50 g felony 1.5 years $ 25,000

Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine.

Distribution

Less than 1 oz felony 1.5 years $ 25,000
1 oz – 5 lbs felony 3* – 5 years $ 25,000
5 – 25 lbs felony 5* – 10 years $ 150,000
25 lbs or more felony 10* – 20 years $ 300,000
Within 1000 feet of a school or school bus felony 3* – 5 years $ 150,000

Includes possession with the intent to distribute

To minors or pregnant women carries a double term of imprisonment and fine.

* Mandatory minimum sentence

Cultivation

1 oz – 5 lbs (less than 10 plants) felony 3* – 5 years $ 25,000
5 – 25 lbs (10 – 49 plants) felony 5* – 10 years $ 150,000
More than 25 lbs (50 plants or more) felony 10* – 20 years $ 300,000

* Mandatory minimum sentence

Hash & Concentrates

Possession disorderly person 6 mos $ 1,000
Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g crime in the fourth degree 18 mos $ 10,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 g – 1 lb crime in the third degree 5 years $ 15,000
Manufacturing, distributing, dispensing, or possessing with intent of 1 lb – 5 lbs crime in the second degree 10 years $ 150,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more crime in the first degree 20 years $ 200,000

Paraphernalia

Possession or use of paraphernalia disorderly person 6 mos $ 1,000
Sale of paraphernalia felony 3* – 5 years $ 15,000

Miscellaneous

Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details.

If under 17 year, driving privileges shall be suspended for 6 mos – 2 years

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