Recently, there was an amendment to the state constitution in a way that altered the adult-use possession, production, and sale of marijuana to those aged 21 or older. The law took effect on January 1, 2021. Governor Murphy signed legislation to cease marijuana possession arrests and license retail sales into law on February 22, 2021. If you would like to learn more, continue reading and give our skilled Bergen County criminal defense attorney a call today.
What are the penalties for possession of marijuana in New Jersey?
Below are the consequences of possession of marijuana in the state of New Jersey:
- Possession of up to 6 ounces of cannabis by an adult is legal.
- Possession of more than 6 ounces of cannabis by an adult is a crime of the fourth degree punishable by 18 months imprisonment and a fine of up to $25,000.
- Possession within 1,000 feet of a school adds a sentence of 100 hours of community service to the sentence, in addition to a variable (depending on quantity) additional fine.
What are the consequences of distribution or possession with the intent to distribute?
The penalties for distribution or possession with the intent to distribute is as follows:
- Sale or distribution of less than 1 ounce is subject to a written warning for a first offense. Subsequent offenses are 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 more than 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
- 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 that carries a doubling of the term of imprisonment and the fine.
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