• By Bruce E. Gudin, Esq., Ehrlich, Petriello

Marijuana Use and Possession in New Jersey – Apartment Owners Need to Know


Marijuana is considered a “Schedule I” drug under the federal Controlled Substances Act, which means that it “has no currently accepted medical use in treatment in the United States.” The use of marijuana for recreational purposes is not yet permitted in New Jersey. Possession of fewer than 50 grams of marijuana is a disorderly persons offense, carrying penalties of up to six months in prison and $1,000 in fines (N.J.S.A. 2C:35-10(a)(4)). Possession of 50g or more is a fourth-degree crime, carrying penalties of up to 18 months in prison and $25,000 in fines (N.J.S.A. 2C:35-10(a)(3)). A drug conviction carries a motor vehicle license suspension of six months to two years (N.J.S.A. 2C:35-16). Since New Jersey is considering the legalization of cannabis, last year the State attorney general imposed a moratorium on prosecutions for marijuana possession. However, in August 2018 the attorney general directed prosecutors to resume marijuana-related prosecutions but to exercise prosecutorial discretion to achieve just results. By in large, in practice the moratorium remains in place.

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