{"id":375036,"date":"2016-03-31T21:35:59","date_gmt":"2016-04-01T02:35:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-marijuana-laws.html"},"modified":"2025-05-21T09:51:25","modified_gmt":"2025-05-21T14:51:25","slug":"new-jersey-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-marijuana-laws.html","title":{"rendered":"New Jersey Marijuana Laws"},"content":{"rendered":"\n
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New Jersey Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The Garden State is green indeed, as medical marijuana and adult-use recreational marijuana are legal in the state of New Jersey. Over two-thirds of New Jersey voters cast ballots to approve recreational marijuana use in November 2020. Gov. Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM)<\/a> in February 2021, and in April of that year, recreational cannabis sales began.<\/p>\r\n

The state has embraced marijuana legalization<\/a>, but there are still aspects of New Jersey cannabis law to know. We’ll look at the pertinent statutes and how to stay on the right side of law enforcement. You’ll learn how to become a patient in the New Jersey Medical Cannabis Program (NJMCP)<\/a> and how it differs from adult-use cannabis<\/a>.<\/p>\r\n

Cannabis Use and New Jersey Marijuana Laws<\/h2>\r\n

It’s important to know that federal law supersedes New Jersey law. As of May 2024, cannabis is still a Schedule I drug<\/a> by the federal government under the Controlled Substances Act (CSA)<\/a>. This means that you’ll likely face criminal penalties for any marijuana offense on federal lands or sites, including national parks, military bases, and federal courthouses. You also can’t take marijuana across state lines, even when both states have legalized recreational use.<\/p>\r\n

Reclassification of marijuana to a less dangerous status appears to be on the horizon<\/a>. But err on the side of caution until then.<\/p>\r\n

In New Jersey, you can’t use cannabis or cannabis products in public<\/a> unless it’s in a designated space. Some dispensaries are zoned and licensed for onsite consumption. You can’t smoke marijuana in any location that’s protected by the New Jersey Smoke-Free Air Act<\/a>, such as the beach or in a park. Recreational users must be at least 21.<\/p>\r\n

The New Jersey Cannabis Regulatory Commission (CRC)<\/a> manages marijuana use. The April 2021 CREAMM Act created it. The CRC took over for the New Jersey Department of Health Division of Medical Marijuana.<\/p>\r\n

Legal cannabis users may have up to six ounces of marijuana. It’s illegal to sell any amount of cannabis, although first-time offenders selling under an ounce can get a written warning instead of charges.<\/p>\r\n

New Jersey has put protections in place for marijuana users. For example, the odor of marijuana is not enough to give law enforcement probable cause for a search. Employers can’t discriminate against you for marijuana use on your own time, but they have the right to test you if you appear impaired at your workplace<\/a>.<\/p>\r\n

New Jersey doesn’t allow any private cultivation of marijuana plants. This includes medical marijuana patients in the Medicinal Cannabis Program (MCP). There are bills for consideration<\/a> to change this law, but as of February 2025, private cultivation remains illegal.<\/p>\r\n

Let’s examine the two types of cannabis available in New Jersey: Adult-use recreational and medical marijuana.<\/p>\r\n

New Jersey Adult-Use Cannabis Laws<\/h3>\r\n

Adults at least 21 years old can buy cannabis for recreational use<\/a> at licensed dispensaries in New Jersey. This includes cannabis flower and cannabis products. You must show a government-issued photo ID. Delivery service has been available for MCP patients since 2020, and it became a new facet<\/a> of the adult recreational use program in 2023.<\/p>\r\n

Adults over 21 can have up to six ounces of usable marijuana at any one time. You must pay with cash, although some cannabis dispensaries also accept debit cards. Recreational users can only buy 1 ounce per purchase. This can be in the following forms:<\/p>\r\n