New Jersey Cannabis Laws: Complete Legal Guide
New Jersey legalized recreational cannabis through a constitutional amendment approved by voters in November 2020, followed by enabling legislation signed in February 2021. The state's medical cannabis program has been operational since 2010 and was significantly expanded in 2019.
Is Marijuana Legal in New Jersey?
Yes, both medical and recreational marijuana are legal in New Jersey:
- Medical Cannabis: Legal since October 1, 2010 (CUMMA)
- Medical Program Reformed: July 2, 2019 (Jake Honig Act)
- Recreational Cannabis: Legal since February 22, 2021 (CREAMMA)
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| New Jersey Compassionate Use Medical Marijuana Act (CUMMA) | N.J.S.A. 24:6I-1 et seq. | January 2010 |
| Jake Honig Compassionate Use Medical Cannabis Act (A20) | P.L.2019, c.153 | July 2019 |
| Constitutional Amendment (Public Question 1) | 2020 Ballot | November 3, 2020 |
| CREAMM Act (Adult-Use) | P.L.2021, c.16 / N.J.S.A. 24:6I-31 et seq. | February 22, 2021 |
| Decriminalization Act | P.L.2021, c.19 | February 22, 2021 |
Administrative Regulations
| Regulation | Citation | Description |
|---|---|---|
| Personal-Use Cannabis Rules | N.J.A.C. 17:30 | Adult-use cannabis regulations (last updated March 6, 2023) |
| Medicinal Cannabis Rules | N.J.A.C. 17:30A | Medical cannabis program regulations |
Cannabis Regulatory Commission
The New Jersey Cannabis Regulatory Commission (CRC) oversees all cannabis licensing, regulation, and enforcement in the state.
Contact Information:
- Website: nj.gov/cannabis
- Phone: (609) 292-0424
- Email: CRC.Licensing@crc.nj.gov
Adult-Use Cannabis (Recreational)
Under N.J.S.A. 24:6I-31 et seq., adults 21 and older may:
Possession Limits:
- 6 ounces (170 grams) of cannabis flower
- 17 grams of cannabis concentrate/resin
- Proportional amounts of other cannabis products
Prohibited Activities:
- Home cultivation (NOT permitted in New Jersey)
- Public consumption
- Consumption while operating a motor vehicle
- Providing cannabis to persons under 21
- Possession on school grounds or federal property
- Consumption in the workplace
Important: Unlike many other legalized states, New Jersey does NOT allow home cultivation of cannabis for personal use.
Medical Cannabis Program
The Jake Honig Compassionate Use Medical Cannabis Act (P.L.2019, c.153) significantly expanded New Jersey's medical program, named in honor of a pediatric cancer patient who advocated for cannabis access.
Qualifying Medical Conditions:
- Amyotrophic lateral sclerosis (ALS)
- Anxiety
- Cancer
- Chronic pain
- Dysmenorrhea (severe menstrual pain)
- Glaucoma
- HIV/AIDS
- Inflammatory bowel disease (Crohn's, ulcerative colitis)
- Intractable skeletal muscular spasticity
- Migraines
- Multiple sclerosis
- Muscular dystrophy
- Opioid use disorder
- Post-traumatic stress disorder (PTSD)
- Seizure disorder (including epilepsy)
- Terminal illness (prognosis < 12 months)
- Tourette syndrome
- Any condition for which a physician believes cannabis would be beneficial
Medical Patient Benefits:
- No purchase limits (physician determines appropriate amount)
- Lower taxes than recreational purchases
- Priority access at Alternative Treatment Centers
- Home delivery available
- Caregivers may assist qualified patients
Taxation
Adult-Use Cannabis:
- 6.625% state sales tax
- Up to 2% local transfer tax (municipal option)
- Social equity excise fee (varies based on average retail price)
Medical Cannabis:
- NO sales tax on medical cannabis purchases
- Patients with qualifying conditions are exempt
Penalties for Violations
Possession Over Legal Limits (Adults 21+): Under N.J.S.A. 2C:35-10:
| Amount | Classification | Penalty |
|---|---|---|
| > 6 oz (first offense) | 4th Degree Crime | Up to 18 months, $25,000 fine |
| > 6 oz (subsequent) | 3rd Degree Crime | 3-5 years, $25,000 fine |
Under 21 Possession: Under P.L.2021, c.19:
- First offense: Written warning
- Second offense: Written warning
- Third offense: Civil penalty, possible diversion program
Distribution Without License: Under N.J.S.A. 2C:35-5:
| Amount | Classification | Penalty |
|---|---|---|
| < 1 oz | 4th Degree Crime | Up to 18 months, $25,000 fine |
| 1 oz - 5 lbs | 3rd Degree Crime | 3-5 years, $25,000 fine |
| 5 - 25 lbs | 2nd Degree Crime | 5-10 years, $150,000 fine |
| > 25 lbs | 1st Degree Crime | 10-20 years, $300,000 fine |
Driving Under the Influence
Driving under the influence of cannabis is prohibited under N.J.S.A. 39:4-50. New Jersey uses an impairment standard (no specific THC limit).
Drug Recognition Expert (DRE) Testing: New Jersey relies on Drug Recognition Experts to determine cannabis impairment during traffic stops.
DUI Penalties:
- 1st offense: Up to 30 days jail, $300-$500 fine, 7-12 month license suspension, 12-48 hours IDRC
- 2nd offense: 48 hours - 90 days jail, $500-$1,000 fine, 2-year license suspension
- 3rd offense: 180 days jail, $1,000 fine, 10-year license suspension
Important: Medical cannabis patients are NOT exempt from DUI laws.
Employment Rights
The Jake Honig Act provides some employment protections for medical cannabis patients:
- Employers cannot take adverse action solely based on medical cannabis patient status
- Employers may prohibit cannabis use/impairment during work hours
- Safety-sensitive positions may have different standards
- Federal contractors/grantees may maintain drug-free workplace requirements
Recreational users have no employment protections under state law.
Local Regulations
Municipalities may:
- Opt out of allowing cannabis businesses (must do so within 180 days of CREAMMA)
- Limit the number or type of cannabis establishments
- Impose local transfer tax up to 2%
- Establish buffer zones from schools, parks, etc.
Municipalities cannot prohibit:
- Personal possession within legal limits
- Transportation through their jurisdiction
- Delivery services to residents
Alternative Treatment Centers (ATCs)
Cannabis in New Jersey is sold through licensed dispensaries called Alternative Treatment Centers (ATCs). Both medical patients and recreational consumers may purchase from ATCs, though medical patients receive priority.
Current ATC Requirements:
- State license from CRC
- Local approval (if municipality has not opted out)
- Seed-to-sale tracking
- Lab testing requirements
- Security measures
Key Resources
- NJ Cannabis Regulatory Commission: nj.gov/cannabis
- Medical Cannabis Patient Registry: njmmp.nj.gov
- CREAMMA Full Text: njleg.state.nj.us
- Jake Honig Act Full Text: njleg.state.nj.us
- Find Licensed Dispensaries: nj.gov/cannabis/businesses
This information reflects New Jersey cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.