New Jersey Cannabis Laws & Regulations

New Jersey cannabis laws and regulations
Updated March 1st, 2023

Weed Laws in New Jersey

Just east of Pennsylvania and the Delaware River sits the mid-Atlantic state of New Jersey. While New Jersey is the 11th most populated state in the US, having almost 9 million residents,  it is also the 4th smallest state by area. As one of the Thirteen colonies, the history of New Jersey includes several important battles in the Revolutionary War; most notably the Battles of Trenton and Princeton.

New Jersey is one of the wealthiest states based on the median income of residents, and it’s home to many famous landmarks and attractions. Atlantic City houses world-famous casinos and hotels, including the Borgata, Hard Rock Hotel, Ocean City Resort, and Wild Wild West Casino. While in Atlantic City, you can also visit the Atlantic City Boardwalk, Central Pier Arcade, and the Steel Pier. Other notable spots in New Jersey include Liberty State Park, the George Washington Bridge, Cape May Lighthouse, Turtle Back Zoo, Absecon Lighthouse, Kingda Ka (North America's tallest roller coaster), the Thomas Edison National Historical Park, Newark Museum of Art, and the Pine Barrens.

As in many other states, the legalization of medical marijuana has been a controversial topic among both politicians and residents. Because of this, New Jersey is home to some of the strictest medical marijuana regulations, and only a limited number of alternative treatment centers were approved under the medical program before recreational legalization. The first recreational dispensaries opened in April 2022.

Is Weed Legal in New Jersey?

YES. Adults aged 21 and over can legally consume marijuana for medicinal or recreational use in the state of New Jersey.

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Weed Legalization in New Jersey

Historically the state of New Jersey has not been friendly to cannabis users. Although medical marijuana became legal in 2010 after Governor Jon Corzine signed the Compassionate Use of Medical Marijuana Act, New Jersey police were arresting a significantly higher proportion of individuals for cannabis-related crimes than they had in the previous two decades. In 2017, New Jersey had more cannabis-related arrests than any other state in the U.S. Several cannabis coalitions and advocacy groups broke ground to fight back and further cannabis legalization efforts in the state.

In 2018, after Governor Chris Christie left office, advocates began a strong push for the legalization of cannabis in New Jersey. Although the initial bills struggled to pass through legislation, in 2020 the state Assembly and Senate passed a proposal for full legalization that would be added to the November 2020 ballot. Gaining over 67% of the vote, New Jersey became the 14th state to legalize recreational cannabis use and sales with the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act.

These newly adopted rules have set the stage for New Jersey’s recreational cannabis industry. The first adult-use licenses have been issued, and cannabis sales for adults 21 and older have begun. Individuals can purchase and possess up to 1 ounce of cannabis products. In addition, individuals will no longer face criminal charges for possessing less than 6 ounces of cannabis flower or 17 grams of hashish.

Buying Legal Weed in New Jersey

Now that the first adult-use cannabis dispensaries are open, adults 21 and over can buy recreational cannabis items from licensed recreational cannabis dispensaries.

Medical marijuana patients in New Jersey currently pay a 2% sales tax on purchases. Starting July 1st, 2022, medical patients will no longer have to pay sales taxes. The state levies a 6.625% sales tax on recreational marijuana purchases. In addition to state sales taxes, local jurisdictions can tax sales up to 2%. Cultivators are also required to pay a small Social Equity Excise Fee, which is to be deposited in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund, with a portion of the revenue allocated to the Underage Deterrence and Prevention Account.

At least 70% of taxes collected from retail cannabis sales are to be allocated to investments, including grants, loans, reimbursements of expenses, and other financial assistance in municipalities defined as an "impact zone." This includes providing direct financial assistance to qualifying individuals within those communities as recommended by the commission. The remainder of funds is to be allocated to the state cannabis regulatory departments for operational costs.

Is Cannabis Delivery Available in New Jersey?

NO. Delivery is set to come to The Garden State, but until regulations are finalized, there aren’t any legal, state-sanctioned cannabis delivery services available in New Jersey. 

Where Can You Legally Use Weed in New Jersey?

Cannabis can be legally used in the following areas in New Jersey:

🗹 Private properties such as residences

🗹 Businesses with a commercial cannabis consumption license (As of March 2022 nine towns have voted to allow these businesses, though none have opened yet)

Cannabis CANNOT be consumed in:

X Public spaces

X Businesses that lack a license for commercial cannabis consumption

X Motorized vehicles in motion, for both driver and passengers

What are the Restrictions on Cannabis Possession in New Jersey?

Adults aged 21 and above may purchase and possess up to:

Cannabis retailers also can’t sell, in total, more than one ounce (or the equivalent of cannabis-infused product in solid, liquid, or concentrate form) of combined usable cannabis and cannabis products.

For medicinal use:

Edible cannabis products are currently permitted as lozenges, other chewable forms, pills, tablets, capsules, drops, syrups, and tinctures. However, traditional food-based “edibles” are not included.

Home cultivation:

Current regulations do not permit the medical or recreational cultivation of cannabis at home for New Jersey residents. Several bills have been introduced that would allow home cultivation, but so far none have passed. 

During vehicular transportation:

  • Cannabis may either be in a sealed container, or
  • Stored in the trunk of the vehicle
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Frequently Asked Questions About Marijuana in New Jersey

How much medical marijuana can you purchase at an Alternative Treatment Center?

New Jersey medical marijuana patients may purchase up to 3 ounces per 30 days, but your authorizing healthcare practitioner determines the dosage. Patients who are terminally ill are exempt from purchase limits.

Can out-of-state medical marijuana patients get a New Jersey medical marijuana card?

Yes, out-of-state medical marijuana patients must first meet with a registered New Jersey healthcare practitioner and provide a current copy of their state medical marijuana registration to obtain a temporary ID. The temporary IDs are valid for six months and are not eligible for renewal.

Can I smoke medical cannabis in public in New Jersey?

Not yet, but public consumption lounges are coming to The Garden State soon. And smoking of any kind is prohibited in most public places under New Jersey’s Smoke-Free Air Act.

What cannabis products can New Jersey medical marijuana patients buy?

New Jersey medical marijuana patients can currently purchase dried flower, concentrated oils, drops and syrups, tinctures, topical, transdermal, sublingual forms, lozenges, chewable forms, pills, tablets, and capsules. 

Can I grow marijuana at home in New Jersey?

No, neither medical nor recreational cultivation of cannabis is currently legal in New Jersey.

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