Helfand & Associates Convenience Center P Dover, NJ 07801 Phone:(973) 366-3500 helfandesq@verizon.net
James M. Porfido 55 Madison Ave Morristown, NJ 07960 Phone:(973) 683-1140 pmotyka@verizon.net
Michael R. Ascher 165 East Main St Route 53 Denville, NJ 07834 Phone:(973) 627-7300 mascher@einhornharris.com
Benson Law Offices 151 State Route 10 East Succasunna, NJ 07876 Phone:(973) 927-5700 errol@bensonlawoffices.com
Robert E. Dunn 50 South Street Morristown, NJ 07960 Phone:(973) 267-8895 robertedunn@verizon.net
Paul A Woodford 90 Maple Avenue Morristown, NJ 07960 Phone:(973) 984-7777 woodfordlaw@aol.com
New Jersey Marijuana Laws
New Jersey Marijuana Laws Compared
The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut. This determination is based on level of enforcement, weight limits, fines and/or time imprisoned. This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks.
New jersey
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Connecticut
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Hawaii
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Maine
Lenient
Moderately Lenient
Moderate
Moderately Strict
Strict
Misdemeanors
Unlawful possession of marijuana
A person who possesses 50 grams or less of marijuana. Fine: Up to $1,000 Imprisonment: Up to 6 months
Unlawful possession of marijuana in a restricted zone
Any person who possesses any amount of marijuana while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service. Fine: Up to $300,000 Imprisonment: Additional 100 hours of community service
Unlawful sale/cultivation of marijuana
Any person who manufactures, distributes or dispenses, or who possesses or has under their control with intent to manufacture, distribute or dispense less than 1 ounce of marijuana. Fine: Up to $25,000 Imprisonment: Up to 1 year
Unlawful possession/use of drug paraphernalia
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana. Fine: Up to $1,000 Imprisonment: Up to 6 months
Felonies
Unlawful possession of marijuana
A person who possesses greater than 50 grams of marijuana. Fine: Up to $25,000 Imprisonment: Up to 1.5 years
Unlawful sale/cultivation of marijuana
Any person who manufactures, distributes or dispenses, or who possesses or has under their control with intent to manufacture, distribute or dispense 1 ounce to 5 pounds of marijuana. Fine: Up to $25,000 Imprisonment: Up to 5 years
Unlawful sale/cultivation of marijuana
Any person who manufactures, distributes or dispenses, or who possesses or has under their control with intent to manufacture, distribute or dispense 5 pounds to 25 pounds of marijuana or 10 to 50 marijuana plants. Fine: Up to $150,000 Imprisonment: Up to 10 years
Unlawful sale/cultivation of marijuana
Any person who manufactures, distributes or dispenses, or who possesses or has under their control with intent to manufacture, distribute or dispense greater than 25 pounds of marijuana or greater than 50 marijuana plants. Fine: Up to $300,000 Imprisonment: Up to 20 years
Distribution to minor/pregnant female
Any person at least 18 years of age who has been convicted of distributing marijuana to a person 17 years of age or younger or to a pregnant female will receive an enhanced penalty. Fine: Double Imprisonment: Double
Distribution in restricted area
Any person who distributes, dispenses or possesses with intent to distribute less than 1 ounce of marijuana while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus. Fine: Up to $150,000 Imprisonment: MMI 1/3-1/2 of the sentence imposed, or 1 year
Distribution in restricted area
Any person who distributes, dispenses or possesses with intent to distribute more than 1 ounce of marijuana while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus. Fine: Up to $150,000 Imprisonment: MMI 1/3-1/2 of the sentence imposed, or 3 years
Unlawful sale of drug paraphernalia
It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana.
Fine: Up to $10,000 Imprisonment: Up to 1.5 years
Unlawful sale of drug paraphernalia to a minor
It shall be unlawful for any person over the age of 18 to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body any amount of marijuana to any person under the age of 18. Fine: Up to $25,000 Imprisonment: Up to 5 years
Note: Subsequent offenses result in much harsher fines and/or penalties than noted for this state.
MMI= Minimum Mandatory Imprisonment
United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States. With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses.
Source
New Jersey Permanent Statutes
2C:35-7, 2C:35-5, 2C:35-10, 2C:36-2, 2C:36-5, 2C:36-3, 2C:35-8
FBI Uniform Crimes Report