New Jersey Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by Melissa Bender, Esq. | Last reviewed February 24, 2025

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) in February 2021, and in April of that year, recreational cannabis sales began.

The state has embraced marijuana legalization, 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) and how it differs from adult-use cannabis.

Cannabis Use and New Jersey Marijuana Laws

It's important to know that federal law supersedes New Jersey law. As of May 2024, cannabis is still a Schedule I drug by the federal government under the Controlled Substances Act (CSA). 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.

Reclassification of marijuana to a less dangerous status appears to be on the horizon. But err on the side of caution until then.

In New Jersey, you can't use cannabis or cannabis products in public 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, such as the beach or in a park. Recreational users must be at least 21.

The New Jersey Cannabis Regulatory Commission (CRC) 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.

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.

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.

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 to change this law, but as of February 2025, private cultivation remains illegal.

Let's examine the two types of cannabis available in New Jersey: Adult-use recreational and medical marijuana.

New Jersey Adult-Use Cannabis Laws

Adults at least 21 years old can buy cannabis for recreational use 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 of the adult recreational use program in 2023.

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:

1 ounce (28.35 grams) of dried flower
1,000 mg of multiple ingestible cannabis-infused products like gummies and lozenges
4 grams of solid cannabis concentrates or resin, or the equivalent of 4 grams of concentrate in liquid form
4 grams of vaporized formulations such as oil

Any combination must be equal to or under the 1-ounce limit. The CRC provides a conversion chart to help calculate amounts.

All recreational purchases are subject to the 6.625% New Jersey state sales tax and a $1.24 per ounce Social Equity Excise Fee (SEEF).

New Jersey Medical Cannabis Laws

Medical marijuana became legal by the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) in 2010, but there was no way for patients to get marijuana. Murphy issued Executive Order 6 (E06) in 2018 to make it more accessible. In July 2019, the Jake Honig Compassionate Use Medical Cannabis Act became law.

To become eligible for medical marijuana, patients must first get diagnosed with a qualifying medical condition by an NJMCP-registered New Jersey health care practitioner. Qualifying conditions include:

Multiple sclerosis (MS)
Amyotrophic lateral sclerosis (ALS)
Post-traumatic stress disorder (PTSD)
Anxiety
HIV/AIDS
Cancer
Opioid use disorder
Chronic pain
Glaucoma
Inflammatory bowel disease, including Crohn's disease
Intractable skeletal muscular spasticity
Dysmenorrhea
Migraine
Muscular dystrophy
Seizure disorder, including epilepsy
Terminal illness
Tourette syndrome

If your ailment is not listed, speak with your physician or contact the CRC.

Your Authorizing Provider Statement will have a reference ID number and a registry ID number you'll use to set up your account on the Medicinal Cannabis Program patient portal. You'll finish your registration as a qualifying patient by choosing the Alternative Treatment Center you wish to buy from. You can change this through the portal at any time. You'll also need to show proof of your New Jersey residency.

NJMCP cards are good for two years. The digital version is free, while a hard copy is $10. As a medical marijuana patient, you can get home delivery. Unlike recreational users, you can't share or transfer your medical cannabis.

NJMCP patients may buy up to 3 ounces (84 grams) of usable cannabis every 30 days. After 18 months, their doctor can change this amount. NJMPC patients are not subject to taxes on their purchases.

As with recreational users, NJMPC patients can choose between cannabis flower, edible cannabis-infused products, concentrates, topicals, and formulations used for vapes.

Expungement and Social Equity

When the MCA legalized marijuana use, it made the charges behind certain convictions no longer applicable. Murphy signed A5981 into law in 2019. This "clean slate" bill automatically expunged minor crimes involving marijuana and hashish from criminal records.

The CREAMM Act established the Office of Minority, Disabled Veterans, and Women Business Development. A certain percentage of licenses for cannabis businesses are for underserved populations. This allows them a fair opportunity to become part of the recreational and medical cannabis industry. A Social Equity Excise Fee (SEEF) of $1.24 per ounce sold gets collected from recreational marijuana sales to help fund the program.

New Jersey Marijuana Law Penalties

Operating a motor vehicle while under the influence of cannabis is illegal. Penalties are the same as those for an alcohol-related DUI. The driver must give permission before police can take any sample for a drug test.

The table below recaps what you've learned and gives a detailed list of the penalties for marijuana crimes in New Jersey. The New Jersey Attorney General's Office also provides periodic updates on changes to the state's marijuana laws.

Relevant New Jersey marijuana laws	New Jersey Statutes (N.J.S.A.) Title 2C — The New Jersey Code of Justice — Chapter 35 Section 2C — 35-2 (definitions) Section 2C — 35-5 (manufacturing, distributing or dispensing) Section 2C — 35-5.3b (crimes relative to synthetic cannabinoid) Section 2C — 35-5.3c (obtaining, possessing synthetic cannabinoid) Section 2C — 35.7 (distribute on or within 1,000 feet of school property) Section 2C — 35.8 (distribute to person under age 18; enhanced punishment) Section 2C — 35-10 (controlled substance penalties) Title 24 — Food and Drugs — Chapter 24:21 Section 24 — 21-5 (schedule I) Title 24 — Food and Drugs — Chapter 24:6I Section 24 — 6I-3 (definitions) Section 24 — 6I-5.3 (medical marijuana patients and caregivers) Section 24 — 6I-31 (New Jersey personal use cannabis rules)
Is marijuana legal in New Jersey?	Yes. Medical use and recreational use of marijuana are legal in New Jersey. But there are legal limits to what you can have and use.
New Jersey marijuana possession limits and penalties	Up to 6 ounces for those over 21: Legal Over 6 ounces (fourth-degree crime): Up to 18 months in prison and a fine of up to $25,000
New Jersey illegal marijuana sales and distribution penalties	The sale of marijuana and marijuana products is legal for licensed cultivators and dispensaries only in New Jersey. Adults over 21 may gift or share up to 1 ounce of cannabis or its equivalent with each other as long as there is no payment. Illegal Sales/Distribution Penalties: 1 ounce or less — first offense: Written warning 1 ounce or less — second offense (fourth-degree crime): Up to 18 months in prison and a fine of up to $10,000 More than 1 ounce and less than 5 pounds (third-degree crime): Between three and five years in prison and a fine of up to $25,000 More than 5 pounds and less than 25 pounds (second-degree crime): Between five and 10 years in prison and a fine of up to $150,000 Over 25 pounds (first-degree crime): Between 10 to 20 years in prison and a fine of up to $300,000 Under 1,000 feet from a school or school bus (third-degree crime): Between three and five years in prison and/or a fine of up to $150,000 To a minor or a pregnant woman (felony): Doubles the fine and the imprisonment term
New Jersey illegal marijuana cultivation	Cultivation of homegrown marijuana is illegal. Penalties are based on quantity of marijuana (cannabis plants) as manufacture of a dangerous drug. Under 10 plants — equivalent to 1 ounce to 5 pounds (third-degree crime): Between three and five years in prison and a fine of up to $25,000 10 or more plants and less than 50 plants (second-degree crime): Between five and 10 years in prison and a fine of up to $150,000 50 or more plants (first-degree crime): Between 10 and 20 years in prison and a fine of up to $300,000

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any New Jersey state laws you are reviewing.

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