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Morris, Downing, Sherred LLP

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Frequently Asked Questions About New Jersey’s Cannabis Laws

Posted Mar 19, 2023

Through enactment of the “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA) on February 22, 2021, New Jersey legalized cannabis for adult recreational use.

Below are some frequently asked questions about New Jersey’s cannabis laws:

  1. Who can purchase and possess cannabis in New Jersey?

Adults aged 21 and older can legally purchase and possess cannabis for recreational use in New Jersey. Valid government-issued identification is required to verify age.

  1. How much cannabis can an individual possess?

Adults 21 and older can possess up to 6 ounces (170 grams) of cannabis or its equivalent in other forms, such as edibles or concentrates.

  1. Where can cannabis be purchased?

Cannabis can be purchased at state-licensed dispensaries. Only adults aged 21 and older with valid identification can enter and purchase cannabis products from these establishments.

  1. Can individuals grow their own cannabis plants?

Home cultivation of cannabis for recreational use is not allowed in New Jersey. Only registered medical marijuana patients are permitted to grow cannabis for personal use, with a limit of six plants.

  1. Where is cannabis use permitted?

Cannabis use is permitted on private property with the consent of the property owner. Public consumption is prohibited, as is consumption in vehicles or any area where smoking is not allowed under the New Jersey Smoke-Free Air Act.

  1. Can cannabis be consumed in the workplace?

Employers have the right to maintain drug-free workplaces, and employees can be disciplined for using cannabis at work or being impaired on the job.

  1. Can cannabis be transported within the state?

Yes, adults aged 21 and older can transport cannabis within the state as long as the amount does not exceed the legal possession limit, and the product is stored in a sealed container or in the trunk of the vehicle. Driving under the influence of cannabis is illegal, and open containers of cannabis in the passenger area of a vehicle are also prohibited.

  1. Can cannabis be taken across state lines?

No, transporting cannabis across state lines is illegal, even if traveling to another state where cannabis is legal. Cannabis remains a Schedule I controlled substance under federal law, and interstate transport is a federal crime.

  1. What are the penalties for violating cannabis laws in New Jersey?

Penalties for violating New Jersey’s cannabis laws vary depending on the nature and severity of the offense. Possessing more than the legal limit, distributing cannabis without a license, or consuming cannabis in public may result in fines or other penalties.

  1. How is the sale of cannabis taxed in New Jersey?

Cannabis sales in New Jersey are subject to a state sales tax. Local municipalities may also impose additional taxes on cannabis sales within their jurisdictions.

Remember, this information may be outdated, and laws are subject to change. Always consult official sources for the most up-to-date information on cannabis laws in New Jersey.

DISCLAIMER: Legal information provided in this article is not legal advise and should not be relied upon as such. Because laws often change, no guarantee is made as to the current accuracy of this information. It is recommended that you consult with an experienced cannabis lawyer to learn how the New Jersey cannabis laws apply to your possession, cultivation and usage of cannabis within the state.

Contact us

If you have any questions about this article or would like to consult with an experienced New Jersey cannabis lawyer about your situation, please contact us at (973) 383-2700 for a free, confidential, no-obligation consultation.

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