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New Jersey Marijuana Law, Regulation, Penalties, Attornies & Congressman

 

New Jersey Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

50 g or less Disorderly Person 6 months $ 1,000
More than 50 g Crime 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 Crime 1.5 years $ 25,000
1 oz – less than 5 lbs Crime 3* – 5 years $ 25,000
5 – less than 25 lbs Crime 5* – 10 years $ 150,000
25 lbs or more Crime 10* – 20 years $ 300,000
Within 1000 feet of a school or school bus Crime 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 – less than 5 lbs (less than 10 plants) Crime 3* – 5 years $ 25,000
5 – less than 25 lbs (10 – less than 50 plants) Crime 5* – 10 years $ 150,000
More than 25 lbs (50 plants or more) Crime 10* – 20 years $ 300,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of 5 g or less Disorderly Person 6 months $ 1,000
Possession of more than 5 g Crime 6 months $ 25,000
Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g Crime 18 months $ 10,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 g – less than 1 lb Crime 3* – 5 years $ 25,000
Manufacturing, distributing, dispensing, or possessing with intent of 1 lb – less than 5 lbs Crime 5* – 10 years $ 150,000
Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more Crime 10* – 20 years $ 300,000
Within 1000 feet of a school or school bus Crime 3* – 5 years $ 150,000
* Mandatory minimum sentence

Paraphernalia

Possession or use of paraphernalia Disorderly Person 6 months $ 1,000
Sale of paraphernalia Crime 18 months $ 10,000

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 months – 2 years

Penalty Details

See

  • 24:21-1, et seq. of the New Jersey Criminal Code

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 crime in the 4th degree 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.

See

  • Section 2C:21-7.4 of the New Jersey Statutes Annotated
  • Section 2C:35-10 of the New Jersey Statutes Annotated

Distribution or Possession with the Intent to Distribute

Sale or distribution of less than 1 ounce is 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 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.

See

  • Section 2C:35-5 of the New Jersey Statutes Annotated 
  • Section 2C:35-7 of the New Jersey Statutes Annotated 
  • Section 2C:43-3 of the New Jersey Statutes Annotated 
  • Section 2C:43-6 of the New Jersey Statutes Annotated 

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.

See

  • Section 2C:35-5 of the New Jersey Statutes Annotated
  • Section 2C:43-6 of the New Jersey Statutes Annotated 

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.

See

  • Section 24:21-2 of the New Jersey Statutes Annotated 
  • Section 24:21-5(e) of the New Jersey Statutes Annotated

Possessing less than 5 grams of 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 4th degree punishable by a fine no greater than $25,000 and/or a term of imprisonment no greater than 18 months.

See

  • Section 2C:35-10 of the New Jersey Statutes Annotated 
  • Section 2C:43-3 of the New Jersey Statutes Annotated 
  • Section 2C:43-6 of the New Jersey Statutes Annotated 
  • Section 2C:43-8 of the New Jersey Statutes Annotated 

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 5 grams or more 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.

See

  • Section 2C:35-5 of the New Jersey Statutes Annotated 
  • Section 2C:43-3 of the New Jersey Statutes Annotated 
  • Section 2C:43-6 of the New Jersey Statutes Annotated 

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.

See

  • Section 2C:35-7 of the New Jersey Statutes Annotated 
  • Section 2C:43-3 of the New Jersey Statutes Annotated 
  • Section 2C:43-6 of the New Jersey Statutes Annotated 

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 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.

See

  • Section 2C:36-2 of the New Jersey Statutes Annotated 
  • Section 2C:36-4 of the New Jersey Statutes Annotated 
  • Section 2C:36-5 of the New Jersey Statutes Annotated
  • Section 2C:43-3 of the New Jersey Statutes Annotated
  • Section 2C:43-6 of the New Jersey Statutes Annotated 
  • Section 2C:43-8 of the New Jersey Statutes Annotated

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)

See

  • Section 2C:35-10(c) of the New Jersey Statutes Annotated
  • Section 2C:35-10(b) of the New Jersey Statutes Annotated
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.

See

  • 17. 39:5-30.13 of the New Jersey Statutes Annotated 
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

This state has a per se drugged driving law enacted. 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.

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.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. 

New Jersey Drugged Driving

In New Jersey, a person is guilty of a DUI is he or she operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, OR if he or she permits another person who is under the influence of intoxicating narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody. N.J. Stat. Ann. § 39:4-50 (West 2010).

Implied Consent

In New Jersey, a person suspected of driving while under the influence of alcohol has, by virtue of driving in the state, consented to provide a sample of breath, blood, or urine to police for testing in order to determine the amount of alcohol in his or her system. However, implied consent law does not require that an individual suspected of driving under the influence of marijuana or controlled substance submit to a chemical test in order to screen for the presence of drugs in his or her body. Ergo, in New Jersey chemical sample from an accused person should only be given on a voluntarily basis, and no penalties or sanctions apply for refusal to submit to chemical testing for drugs.

Penalties

  • First offense – fine of not less than $ 300 nor more than $ 500; a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day; a term of imprisonment of not more than 30 days; offender forfeits his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year. Id. § 39:4-50(1)(ii).
  • Second offense – fine of not less than $ 500.00 nor more than $ 1,000.00; offender shall ordered by the court to perform community service for a period of 30 days; offender shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days; offender forfeits his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction. Id. § 39:4-50(2).
  • Third or subsequent offense – fine of $ 1,000.00; imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center; offender thereafter forfeits his right to operate a motor vehicle over the highways of this State for 10 years; offender required to install an ignition interlock device. Id. § 39:4-50(3).

NOTE: A conviction of a violation of a law of a substantially similar nature in another jurisdiction shall constitute a prior conviction under this subsection. Id.

Sobriety Checkpoints

In New Jersey, sobriety checkpoints have been allowed under both the state and federal constitutions. State v. Mazurek, 567 A.2d 277.

Case Law

State v. Bealor, 187 N.J. 574, 902 A.2d 226 (2006) – Evidence was sufficient to convict operator of DUI where officer testified that defendant had engaged in erratic and dangerous driving, that defendant had slurred and slow speech, that defendant had bloodshot eyes, and that defendant smelled of burnt marijuana. Furthermore, expert testimony defended the state administered blood tests which revealed cannabis in defendant’s blood.

State v. Tamburro,68 N.J. 414, 346 A.2d 401(N.J. 1975) – To convict for DUI drugs, it is sufficient if expert testimony of physical and mental condition and symptoms displayed “under the influence” of a narcotic, but it is not necessity that particular drug be identified.

State v. Siegmeister, 577, 256 A.2d 319 (1969) — Prosecution for operation of motor vehicle under influence of alcohol or drugs is quasi-criminal and state has burden of establishing guilt beyond reasonable doubt.

State v Tiernan, 302 A2d 561 — Conviction for operating vehicle under influence of drugs was reversed, since mere lay testimony is insufficient to sustain conviction. A police office is not qualified as expert by fact that he completed mandatory narcotics training and took subsequent week-long narcotics course.

State v Kraft, 341 A2d 373 — Testimony of police officer as to defendant’s driving and physical characteristics, and a laboratory report showing defendant’s blood was positive for drug(s) was insufficient because state did not have expert to testify regarding testing methodology.

New Jersey Medical Marijuana Law

Status

 

Operational

Law Signed:

 2010

QUALIFYING CONDITIONS

  • Amyotrophic Lateral Sclerosis (ALS)
  • Cancer (includes associated chronic pain and/or severe nausea)
  • Crohn’s disease
  • Glaucoma
  • HIV/AIDS (includes associated chronic pain and/or severe nausea)
  • Inflammatory bowel disease (IBD)
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Post-Traumatic Stress Disorder
  • Seizure and/or spasticity disorders
  • Any terminal illness if a doctor has determined the patient will die within a year

PATIENT POSSESSION LIMITS

Two ounces per month

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

MEDICAL MARIJUANA STATUTES

  • N.J. Stat. Ann. §§ 24-61-1-10 (2015)
  • N.J. Stat. Ann. §24:6I-3 (2010)

CAREGIVERS

Yes, primary caregiver is a person who has agreed to assist with a registered qualifying patient’s medical use of marijuana. Primary caregiver cannot be the patient’s physician. Primary caregiver must be a resident of New Jersey. The primary caregiver can never have been convicted of a felony drug offense. The caregiver must be 18 years of age or older. The caregiver may only have one qualifying patient at any one time.

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

No

CONTACT INFORMATION

Medical Marijuana Program — Patient Registration Information
http://www.state.nj.us/health/medicalmarijuana/patients/registration-renewal/

Coalition for Medical Marijuana — New Jersey
http://www.cmmnj.org/

New Jersey Verified Marijuana / Cannabis Attorney / Lawyers

Frederick P Sisto

732-898-3232

Frederick P Sisto

Law Office of Frederick P. Sisto
74 Brick Boulevard Suite 112

BrickNJ 08723

www.fredsisto.com

Phone: 732-898-3232

Theodore Alexander Kushner

856-547-2000

Theodore Alexander Kushner

 
411 Route 70 East Suite 105

Cherry HillNJ 08034

www.akushnerlaw.com

Phone: 856-547-2000

Scott A Gorman

201-489-9199

Scott A Gorman

The Gorman Law Firm
27 Warren St Suite 302

HackensackNJ 07068

www.gormanlawfirmnj.com

Phone: 201-489-9199

Frank T. Luciano

973-471-0004

Frank T. Luciano

Frank T. Luciano, P.C.
147 Main Street Suite 5

LodiNJ 07644

www.ftlucianolaw.com

Phone: 973-471-0004

 

Todd D. Palumbo

908-451-2667

Todd D. Palumbo

Law Office of Todd Palumbo
123 North Union Ave. Suite 305

CranfordNJ 07016

www.essexcountynjcriminalattorneys.wordpress.com

Phone: 908-451-2667

Anthony Palumbo

908-337-7353

Anthony Palumbo

Palumbo & Renaud
190 North Avenue East

CranfordNJ 07016

www.palumbo-renaud.com

Phone: 908-337-7353

James B Seplowitz

201-457-0071

James B Seplowitz

Foy & Seplowitz, LLC
105 Main Street

HackensackNJ 07601

www.foyseplowitz.com

Phone: 201-457-0071

Jay Bhatt

201-798-8000

Jay Bhatt

Bhatt Law Group
378 Summit Ave

Jersey CityNJ 07306

www.bhattlawgroup.com

Phone: 201-798-8000

Allan Marain

732-828-2020

Allan Marain

Law Offices of Allan Marain
100 Bayard St

New BrunswickNJ 08903

www.njmarijuana.com

Phone: 732-828-2020

Ruth M Liebesman

201-617-7000

Ruth M Liebesman

Ruth M. Liebesman, Attorney-at-Law
36 Farview Terrace

ParamusNJ 07652

Phone: 201-617-7000

Carmine R Villani

732-892-9050

Carmine R Villani

Villani & DeLuca, P.C.
703 Richmond Ave

Point Pleasant BeachNJ08742

villanideluca.com

Phone: 732-892-9050

Allison C. Williams

908-810-1083

Allison C. Williams

Williams Law Group, LLC
830 Morris Turnpike #206

Short HillsNJ 07078

newjerseydyfsdefense.com

Phone: 908-810-1083

David W. Polsky

973-686-9787

David W. Polsky

The Law Offices of David W. Polsky
264 Union Blvd.

TotowaNJ07512

www.polskylegal.com

Phone: 973-686-9787

Joshua Bauchner

973-247-9000

Joshua Bauchner

Ansell Grimm & Aaron, PC
365 Rifle Camp Road

Woodland ParkNJ07424

www.ansellgrimm.com

Phone: 973-247-9000
 
 

New Jersey Congressman

Senators

Cory Booker (D)

NEW JERSEY

 

Grade: B+

Votes

 

Cosponsor

S. 2557 SUCCESS Act

Comments

“The so called War on Drugs has not succeeded in making significant reductions in drug use, drug arrests or violence,” Booker said during an “Ask Me Anything” with Reddit users. “We are pouring huge amounts of our public resources into this current effort that are bleeding our public treasury and unnecessarily undermining human potential.” December 2014 (Link)

(Link)

 

Bob Menendez (D)

NEW JERSEY

 

Grade: D

Votes

 

No sponsorships or comments

 
 

House of Representatives

Scott Garrett (R)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

Frank LoBiondo (R)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

Donald Norcross (D)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

Frank Pallone (D)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

Bill Pascrell (D)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

Donald (Don) Payne, Jr. (D)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

Albio Sires (D)

NEW JERSEY

 

Grade: B

Votes

 

No sponsorships or comments

 

  • Bonnie Watson Coleman (D)

    NEW JERSEY

     

    NORML Grade: B

    Votes

    ?

    No sponsorships or comments

     

  • Rodney Frelinghuysen (R)

    NEW JERSEY

     

    NORML Grade: D

    Votes

    ?

    No sponsorships or comments

     

  • Leonard Lance (R)

    NEW JERSEY

     

    NORML Grade: D

    Votes

    ?

    No sponsorships or comments

     

  • Tom MacArthur (R)

    NEW JERSEY

     

    NORML Grade: D

    Votes

    ?

    No sponsorships or comments

     

  • Chris Smith (R)

    NEW JERSEY

     

    NORML Grade: D

    Votes

    ?

    No sponsorships or comments

    Equal Medicine Organization Medical Marijuana Cannabis Cultivation