What You Need to Know About Marijuana Charges in New Jersey

Reviewed by Daniel P. McNerney, Esq.

There are few things more damaging to a person than obtaining a criminal record. That is why we are dedicated to helping people fight unfair criminal charges so they can go on living free, productive lives. In accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act, it is fully legal for adults over the age of 21 to purchase and consume marijuana products recreationally. As such, adults in New Jersey are able to purchase and possess up to 6 ounces of marijuana without legal or criminal penalties. However, possessing cannabis beyond these strict state-prescribed statutory limits, engaging in unlicensed distribution, or operating out of compliance with the modern framework still carries severe criminal consequences. Please continue reading and reach out to our experienced New Jersey criminal defense attorneys to learn more about the penalties for modern marijuana charges and how we can help you fight them. Here are some of the questions you may have:

What happens if I am caught in possession of marijuana in New Jersey?

If you are caught with marijuana in New Jersey, you will most likely face the following penalties:

• Less than 6 ounces: No criminal penalties, as this is legal for adults over the age of 21. Previously, possession would be considered a disorderly persons offense or could warrant potential incarceration. Additionally, the odor of marijuana is no longer grounds to establish probable cause for a warrantless search.
• More than 6 ounces: In New Jersey, the possession of more than 6 ounces of cannabis is still a fourth-degree criminal offense. This carries the potential for up to 18 months in prison, as well as the potential for up to $25,000
• Possession by someone under 21: Like alcohol, marijuana is only legal for those over the age of 21. However, unlike alcohol charges, if someone under 21 is found with less than six ounces, they will not be criminally charged. Instead, they will receive a state-mandated written warning issued by law enforcement.

What are the penalties for growing marijuana in New Jersey?

Even though marijuana is entirely legal for recreational use by adults, New Jersey still imposes criminal penalties on those caught growing marijuana without a commercial license. Though legislation, like Senate Bill 2564, has been introduced to decriminalize home cultivation by proposing personal allowances, this is still considered a felony offense in New Jersey. If you are caught growing marijuana at home, you face the following severe penalties:

• Fewer than 10 plants (or under 5 pounds): This constitutes a third-degree criminal offense, carrying a potential for three to five years in prison and fines of up to $25,000
• Between 10 and 49 plants (or 5 to 25 pounds): This constitutes a second-degree criminal offense, carrying a potential of five to ten years in prison and fines of up to $150,000
• 50 or more plants (or over 25 pounds): This constitutes a first-degree criminal offense, carrying a potential for ten to twenty years in prison and fines of up to $300,000

Will I go to jail if I am caught selling marijuana in NJ?

If you are caught selling or distributing marijuana in New Jersey outside of the licensed dispensary system (unregulated illicit market distribution), you face a wide array of potential consequences, depending upon the amount you were caught with. It’s important to understand that adults in New Jersey are permitted to are eligible to “gift” up to one ounce of marijuana to another adult without the need for compensation, though commercial gifting schemes or sale of marijuana without a license can result in the following penalties:

• 1 ounce or less: A first offense triggers a written warning rather than immediate incarceration. Subsequent offenses, however, can escalate to criminal charges.
• More than 1 ounce, but less than 5 pounds: Up to 5 years of jail time, potential $25,000 fine
• 5-25 pounds: Up to 10 years in jail, potential $150,000 fine
• More than 25 pounds: Up to 20 years of incarceration, potential $300,000 fine
• Illicit distribution within 1,000 feet of a school or school bus: Still carries enhanced penal exposures, including up to 5 years in jail and a $150,000 fine, depending on the underlying distribution weight tier.
• The distribution of marijuana to a pregnant woman or a minor: Your sentence may be doubled

What to Know About AG Directive 2021-4 and Mandatory Minimums

It’s important to understand that those convicted of non-violent drug offenses who are facing previously imposed mandatory minimum sentences can explore options to seek relief. Under Attorney General Directive 2021-4, prosecutors across the state, including those at the local, county, and state levels, are not required to waive the mandatory minimum sentences imposed on those facing or previously convicted of non-violent marijuana offenses. This applies to the following crimes:

• Leader of a narcotics trafficking network
• Maintaining or operating a facility producing a controlled dangerous substance (CDS)
• Manufacturing, distributing, or dispensing a CDS
• Employing a juvenile in a drug distribution scheme
• Distributing, dispensing, or possessing with intent to distribute CDS within 1,000 feet of a school
• Distribution of CDS to persons under 18-years-old

The purpose of this initiative is to standardize statewide rules that ultimately require prosecutors throughout the state to seek waivers of mandatory disqualifiers during negotiations of plea deals, after probation violations occur, and for those convicted through jury trials. If an eligible incarcerated individual pursues a request, the prosecution is required to file a joint application as a means of modifying and reducing the sentence.

Has My Past New Jersey Marijuana Case Been Expunged?

It’s important to understand that those with old or previously disposed of cannabis cases or charges on their record should check their legal status immediately. In accordance with the Supreme Court Order issued following the Marijuana Decriminalization Law (N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6.1), the state established an automatic system that dismissed, vacated, and expunged an estimated 360,000 historic cases. This automatic trigger applies to a number of criminal offenses, including:

• N.J.S.A. 2C:35-5(b)(12) – Distribution of less than one ounce of marijuana
• N.J.S.A. 2C:35-10(a)(3) – Possession of more than 50 grams of marijuana
• N.J.S.A. 2C:35-10(a)(4) – Possession of 50 grams or less of marijuana

For captured records, associated active warrants were rescinded, probation violations were vacated, and driver’s license suspensions for failure to appear were wiped clean. Unfortunately, however, errors occurred, meaning thousands of individuals’ records were not captured and included in this automatic update. As such, if an old pending charge or prior conviction still appears on your background check, you’ll need to file a motion to dismiss or expungement petition with the court yourself.

The Evolving State and Federal Legal Landscape

It’s critical to understand that, while commercial, adult-use cannabis businesses are rapidly expanding in the state, it’s critical to keep in mind that driving after consuming cannabis is still illegal in accordance with New Jersey’s DWI laws. Similarly, there are considerable pushes occurring at a federal level, with the MORE Act (Marijuana Opportunity Reinvestment and Expungement Act). This Act seeks to completely remove cannabis as a Schedule 1 substance, which places it legally on the same tier as substances like LSD or heroin. By descheduling marijuana, it would allow banking services to occur (like using your credit card at a dispensary), remove federal tax burdens, and allow for expungements to occur across the nation. Until federal and state laws align perfectly, navigating overlapping drug statutes requires rigorous, current legal insight.

If you are facing criminal charges of any kind, you absolutely must retain the services of a knowledgeable New Jersey criminal defense attorney who can aggressively represent your best interests through every step of the process ahead. Do not wait another day–give us a call so we can get started mounting your defense to shield you from the lifelong burdens of a criminal record.

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Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.