Marijuana Laws and Penalties in New Jersey
New Jersey law imposes serious penalties for individuals in possession of marijuana, marijuana paraphernalia, and marijuana plants. Even in cases involving first-time offenders, there are strict regulations resulting in mandatory penalties that may include jail time and heavy fines. Anyone facing marijuana charges in New Jersey would be well advised to take the penalties seriously and seek guidance from an experienced criminal defense attorney.
Some of the most common marijuana disorderly persons offenses include:
- NJSA 2C:5-10(a)(4) - possession of 50 grams or less of marijuana;
- NJSA 2C:35-10(b) - using or being under the influence of a controlled dangerous substance; and
- NJSA 2C:36-2 - possession of drug paraphernalia.
Potential penalties for these offenses may include a fine of up to $1,000, up to six months in jail, and a criminal record.

Possession of more than 50 grams of marijuana is a felony that carries a potential 18 months of incarceration. Marijuana cultivation of any number of plants is a felony with less than 10 plants resulting in up to three to five years of incarceration, between 10 and 49 plants potentially resulting in five to10 years of incarceration, and up to 20 years for individuals with 50 plants or more. Other felony crimes include:
- Intent to distribute marijuana;
- Marijuana possession within 1,000 feet of a school property; and
- Distribution of marijuana to minors or pregnant women.
While the New Jersey Compassionate Use Medical Marijuana Act makes marijuana use legal for select individuals, possession and use of marijuana in New Jersey is still a criminal act that has serious penalties. The drug crime defense attorneys in Princeton at Lependorf & Silverstein have years of experience fighting marijuana charges in New Jersey. Our lawyers provide free consultations at (609) 240-0040 to anyone charged with a marijuana-related crime.
The best way to avoid getting a DUI this Thanksgiving is to not drive drunk. DUI enforcement officers will be looking for signs of intoxication including vehicles traveling over or below the speed limit and drivers who swerve, drift in and out of lanes, and violate traffic codes such as running a red light.
Under New Jersey Statute 2C:35-10a, it is illegal to possess 50 grams or less of marijuana. For adults, it is a disorderly persons offense that can result in up to six months in jail and a fine of up to $1,000. Juveniles facing marijuana possession charges will not face incarceration in an adult jail, but there is the potential for many penalties that can adversely affect their future. If your child has been charged with marijuana possession or other marijuana-related charges, it is critical to obtain quality legal representation to ensure that his or her rights are protected.
An individual may face driving under the influence (DUI) charges if the authorities determine that he or she was driving under the influence of marijuana. These types of cases often result in wrongful charges. While blood alcohol concentration is determined using breath or blood tests, it is more of a challenge to determine the presence or use of drugs. Anyone facing DUI penalties for driving while under the influence of marijuana would be well advised to seek legal guidance from an attorney who has experience defending similar charges.
October is Domestic Violence Awareness Month. An October 20 article in The News of Cumberland County compiled New Jersey domestic violence statistics from The Department of Community Affairs (DCA) and the Department of Children and Families (DCF) to show how prevalent domestic violence is throughout the state.
It is common for penalties resulting from a juvenile crime to include community service. Ideally, community service will provide the young person with an opportunity to make a positive contribution to the community, be responsible, and be accountable for his or her actions. New Jersey juveniles will be able to perform their service during non-school hours and may involve a supervised work crew with other juveniles or administrative community service that does not involve a supervised work crew.

