A College Student’s Guide to the Legalization of Marijuana in New Jersey

It is our law office’s understanding that the following is what the new administration under Governor Phil Murphy is aiming to pass:

21 and over: Keep in mind, that once this act passes marijuana will be regulated similar to alcohol, meaning that those over the age of twenty-one (21) will have access to it. The law will therefore prevent those under the age of twenty-one from acquiring the substance. Individuals twenty-one years and older will be able to use, purchase, and transport one ounce or less of marijuana, 16 ounces in the form of edibles, 72 ounces in liquid form, 7 grams or less of wax concentrate, and up to 6 immature marijuana plants as long as the intent is limited to non-promotional and non-business purposes. Any violation, such as carrying from 28.39 up to 50 grams, would be handled as a civil violation with the penalty of a small fine. Smoking marijuana will be allowed in any non-public place. It is not permitted where tobacco smoking is currently prohibited, like college campuses for example. Driving under the influence of marijuana will still be considered illegal under this act. However, the odor of marijuana, the possession of or suspicion of possession of marijuana without evidence of quantity of over one ounce (and in proximity to cash or currency which would indicate intent to sell), does not constitute reasonable suspicion under this act. Only if a person is being investigated for driving under the influence can law enforcement have the right to investigate.

20 and under: For those who are under the age of twenty-one (21), different rules apply. They will not be allowed to sell, carry, or transport any amount of marijuana. Using a fake ID to purchase is unlawful, and licensees or employees who sell to minors can have their licenses revoked as well as face charges and fines. The law will be similar to that of minors using fake IDs to buy alcohol. If a minor attempts to enter a marijuana dispensary and attempts to buy marijuana, they will be charged as a disorderly person. If convicted, they will receive a fine of no less than $500. New Jersey has not yet decided on whether or not to sell marijuana in dispensaries or be more relaxed and sell it in a similar fashion to tobacco. Stay tuned to see when and how this legislation passes by following us on social media!