New Jersey Medical Marijuana Laws

Possession

  • 50 g or less disorderly persons offense 6 months $1,000
  • More than 50 g felony 18 months $25,000
  • Within 1,000 feet of school depends on quantity additional minimum 100 hours community service depends on quantity


Cultivation

  • Less than 10 plants felony 3 - 5 years $25,000
  • 10 to 49 plants felony 5 - 10 years $150,000
  • 50 or more plants felony 10 - 20 years* $300,000
  • *Mandatory minimum sentence.
  • Distribution or Possession with intent to distribute
  • Less than 1 oz felony 18 months $25,000
  • 1 oz or more, but less than 5 pounds felony 3 - 5 years $25,000
  • 5 pounds or more, but less than 25 pounds felony 5 - 10 years $150,000
  • 25 pounds or more felony 10 - 20 years* $300,000
  • Within 1,000 feet of school property or school bus felony Parole ineligibility for 1/3 - 1/2 of total sentence* $150,000
  • Within 500 feet of certain public property involving less than 1 oz felony 3 - 5 years $25,000
  • Within 500 feet of certain public property involving 1 oz or more felony 5 - 10 years $150,000
  • To minors or pregnant females felony double penalty double penalty
  • *Mandatory minimum sentence with limited exceptions.
  • Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
  • Paraphernalia possession or use disorderly persons offense 6 months $1,000
  • Paraphernalia sale felony 18 months $10,000
  • Paraphernalia sale to a person under 18 years felony 3 -5 years $15,000


Details

Any conviction for the offenses detailed above carries a mandatory $500-$3,000 fine and a 6 to 24 month driver's license forfeiture, unless the court finds compelling circumstances warranting an exception.

Possession of 50 grams or less of marijuana or being under the influence of marijuana is a disorderly persons offense, punishable by up to six months in jail and a fine of up to $1,000. Possession of greater than 50 grams is punishable by up to 18 month in jail and a fine of up to $25,000. Any possession within 1,000 feet of a school adds an additional 100 hours or more of community service to the sentence.

Manufacture or distribution of less than one ounce of marijuana is punishable by up to 18 months in jail and a fine up to $10,000. For amounts of one ounce or more, the penalty increases to 3 - 5 years in prison and a fine up to $25,000. Manufacture or sale of five pounds or more or cultivation of 10 - 50 plants is punishable by 5 - 10 years in prison and a fine up to $150,000. For amounts of 25 pounds or greater, or cultivation of greater than 50 plants, the penalties increase to 10 - 20 years in prison and a fine up to $300,000.

Subsequent convictions for distribution or possession with intent to distribute expose you to extended terms of incarceration with mandatory minimums.  For example, a second conviction for distribution or possession with intent to distribute one oz or more (but less than 5 pounds) will expose you to a 5 - 10 year sentence with a mandatory minimum period of parole ineligibility, as opposed to a standard 3 - 5 year sentence.

If you are growing more than 10 plants you can be charged with operating or maintaining a controlled dangerous substance production facility.  This is a 1st degree felony carrying 10 - 20 years of incarceration and a mandatory minimum period of parole ineligibility equal to 1/3 to 1/2 of the sentence imposed.  An additional fine of up to $750,000 may be imposed.

Sale or distribution of marijuana within 1,000 feet of school property or on a school bus adds the imposition of a minimum sentence, with limited exceptions. For less than one ounce of marijuana, the minimum sentence imposed is between one-third and one-half of the total sentence or one year, whichever is greater. For one ounce or more, the minimum sentence imposed is between one-third and one-half of the total sentence or three years, whichever is greater. An additional fine of up to $150,000 may also be imposed for these violations.

Sale or distribution of marijuana within 500 feet of public housing, a public park or a public building increases the possible penalties. For sale of less than one ounce, the penalty increases by 3 - 5 years in prison and a fine up to $25,000. Sale or distribution in these zones of one ounce or more is punishable by 5 - 10 years in prison and a fine up to $150,000.

Distribution to minors or pregnant females increases the penalty to twice the possible sentence.

Use or possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Distribution of paraphernalia is punishable by up to 18 months in jail and a fine up to $10,000. Any distribution of paraphernalia to a person under 18 years of age is punishable by 3 - 5 years in prison and a fine up to $15,000.

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