Since the legalization of recreational cannabis in New Jersey, many residents and visitors assume they can possess and consume marijuana without legal repercussions. However, while the laws have changed significantly, there are still regulations that can lead to legal trouble if not followed properly. We’ll explore whether you can get arrested for possession of marijuana or smoking in public in New Jersey.
Understanding New Jersey’s Cannabis Laws
New Jersey legalized recreational marijuana on February 22, 2021, when Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act into law. Under this law, adults 21 years and older can legally:
- Possess up to six ounces of cannabis.
- Purchase marijuana from state-licensed dispensaries.
- Consume cannabis in private residences or other designated areas.
However, despite these allowances, there are still strict regulations regarding where and how cannabis can be consumed, and violating these laws can lead to legal consequences.
Possession of Marijuana in New Jersey: Can You Get Arrested?
For adults 21 and over, possessing up to six ounces of cannabis is legal and does not result in arrest. However, possession over this limit is still considered a crime and can lead to criminal charges.
- If you have more than six ounces, you could face a fourth-degree criminal charge, which carries a potential 18-month prison sentence and fines up to $25,000.
- If you are under 21, possession of cannabis results in a written warning for the first offense, with escalating penalties for repeat offenses.
It is also illegal to distribute or sell cannabis without a state license. Selling or distributing over one ounce without a license can lead to felony charges, including significant fines and possible jail time.
Smoking Marijuana in Public: What Are the Penalties?
Although cannabis use is legal in New Jersey, smoking or consuming it in public places is prohibited. According to state law, cannabis cannot be smoked or vaped:
- On public transportation.
- In schools or on school property.
- In workplaces where employers prohibit it.
- In public parks, beaches, or any area where tobacco smoking is already banned.
If you are caught smoking in public, you will not be arrested, but you may face civil penalties, such as a $200 fine for violating local smoking ordinances. Law enforcement can issue citations, but they do not have the authority to arrest you solely for smoking cannabis in a public area.
Can Police Still Search You for Marijuana?
The legalization of marijuana in New Jersey also changed search and seizure laws. Police officers can no longer stop, search, or detain someone solely because they smell marijuana. This means that the odor of cannabis is not probable cause for law enforcement to search you or your vehicle.
However, if an officer suspects impaired driving due to cannabis, they can conduct a field sobriety test. Driving under the influence of marijuana is illegal and can result in a DUI charge, fines, and license suspension.
In Review
While recreational cannabis is legal in New Jersey, there are still important restrictions to be aware of. Possession of up to six ounces is legal, but exceeding this amount can result in criminal charges. Similarly, smoking marijuana in public is prohibited and can lead to fines. Understanding New Jersey’s cannabis laws ensures that residents and visitors can enjoy legal cannabis responsibly without facing legal trouble.
Learn More: Cannabis Regulatory Commission