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.


