New Jersey’s Marijuana Laws—Part One

Under New Jersey’s criminal code, an illegal or contraband drug is referred to as “controlled dangerous substance,” or CDS. New Jersey law classifies controlled dangerous substances into five categories, based on potential for abuse and recognized medical value. Possession of marijuana is a Schedule I offense (the most serious crime), as it is considered to have a high risk of abuse with no perceived medical value. The state does, however, allow marijuana to be used for limited medical purposes.

Possession of Marijuana in New Jersey

There are generally two factors that determine the type of offense and severity of the penalty when you are convicted of possession of marijuana in New Jersey—the amount in possession and the number of convictions. If you are convicted of having less than 50 grams, you can be sentenced to 6 months in jail, a $1,000 fine, or both. For 50 grams or more, then sentence increases substantially—up to 18 months in prison and a possible fine of $25,000. If the offense occurred within 1,000 feet of a school, public park, or public housing, a 100-hour community service requirement will typically be ordered. For all repeat offenses, the sanctions listed above can be doubled.

Growing Marijuana in New Jersey

The penalties for cultivation of cannabis in New Jersey vary, based on the number of plants. For less than 10 plants, you can be sentenced to 3-5 years in prison and a $25,000 fine. For 10-49 plants, the penalty is 5-10 years and a fine of up to $150,000. If you are convicted of having more than 50 plants, you can spend 10-20 years in prison and be fined up to $300,000.

Contact Attorney Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.