| Offense | Penalty | Incarceration | Max. Fine |
Possession |
|||
| 50 g or less | Disorderly Person | 6 months | $ 1,000 |
| More than 50 g | Crime | 1.5 years | $ 25,000 |
| Within 1000 feet of a school adds 100 hours of community service, as well as an additional fine. | |||
Distribution |
|||
| Less than 1 oz | Crime | 1.5 years | $ 25,000 |
| 1 oz - less than 5 lbs | Crime | 3* - 5 years | $ 25,000 |
| 5 - less than 25 lbs | Crime | 5* - 10 years | $ 150,000 |
| 25 lbs or more | Crime | 10* - 20 years | $ 300,000 |
| Within 1000 feet of a school or school bus | Crime | 3* - 5 years | $ 150,000 |
| Includes possession with the intent to distribute | |||
| To minors or pregnant women carries a double term of imprisonment and fine. | |||
| * Mandatory minimum sentence | |||
Cultivation |
|||
| 1 oz - less than 5 lbs (less than 10 plants) | Crime | 3* - 5 years | $ 25,000 |
| 5 - less than 25 lbs (10 - less than 50 plants) | Crime | 5* - 10 years | $ 150,000 |
| More than 25 lbs (50 plants or more) | Crime | 10* - 20 years | $ 300,000 |
| * Mandatory minimum sentence | |||
Hash & Concentrates |
|||
| Possession of 5 g or less | Disorderly Person | 6 months | $ 1,000 |
| Possession of more than 5 g | Crime | 6 months | $ 25,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of less than 5 g | Crime | 18 months | $ 10,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of 5 g - less than 1 lb | Crime | 3* - 5 years | $ 25,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of 1 lb - less than 5 lbs | Crime | 5* - 10 years | $ 150,000 |
| Manufacturing, distributing, dispensing, or possessing with intent of 5 lbs or more | Crime | 10* - 20 years | $ 300,000 |
| Within 1000 feet of a school or school bus | Crime | 3* - 5 years | $ 150,000 |
| * Mandatory minimum sentence | |||
Paraphernalia |
|||
| Possession or use of paraphernalia | Disorderly Person | 6 months | $ 1,000 |
| Sale of paraphernalia | Crime | 18 months | $ 10,000 |
Miscellaneous |
|||
| Failure to turn over marijuana to a police officer is a misdemeanor. Being under the influence of marijuana is a misdemeanor. Potential punishment is listed below in Penalty Details. | |||
| If under 17 year, driving privileges shall be suspended for 6 months - 2 years | |||
Penalty Details
See
- 24:21-1, et seq. of the New Jersey Criminal Code Web Search
Possession
Possession of 50 grams or less is a "Disorderly Person" offense punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.
Possession of more than 50 grams is a crime in the 4th degree punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.
Possession within 1,000 feet of a school adds a sentence of 100 hours of community service to the sentence, as well a variable (depending on quantity) additional fine.
See
- Section 2C:21-7.4 of the New Jersey Statutes Annotated Web Search
- Section 2C:35-10 of the New Jersey Statutes Annotated Web Search
Distribution or Possession with the Intent to Distribute
Sale or distribution of less than 1 ounce is a crime in the 4th degree punishable by a maximum sentence of 18 months imprisonment and a maximum fine of $25,000.
Sale or distribution of 1 ounce- less than 5 pounds is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.
Sale or distribution of 5 pounds - less than 25 pounds is a crime in the 2nd degree punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.
Sale or distribution of 25 pounds or more is a crime in the 1st degree punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*
* A mandatory minimum sentence (with limited exceptions) shall be imposed.
Sale within 1,000 feet of school property or a school bus is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum fine of $150,000.
If the violation involves less than 1 ounce, a mandatory minimum sentence of either 1/2 or 1/3 of the sentence shall be imposed.
Sale or distribution of less than 1 ounce within 500 feet of certain public property is a crime in the 3rd degree punishable by 3-5 years imprisonment and a maximum fine of $25,000.
Sale or distribution of more than 1 ounce within 500 feet of certain public property is a felony punishable by 5-10 years imprisonment and a maximum fine of $150,000.
Sale to minors or pregnant women is a felony which carries with a doubling of the term of imprisonment and the fine.
See
- Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
- Section 2C:35-7 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Cultivation
Cultivation of 1 ounce - less than 5 pounds (less than 10 plants) is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum fine of $25,000.
Cultivation of 5 pounds - less than 25 pounds (10 - less than 50 plants) is a crime in the 2nd degree punishable by a sentence of 5-10 years imprisonment and a maximum fine of $150,000.
Cultivation of 25 pounds or more (50 or more plants) is a crime in the 1st degree punishable by a sentence of 10-20 years imprisonment and a maximum fine of $300,000.*
* A mandatory minimum sentence shall be imposed.
See
- Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Hash & Concentrates
New Jersey defines hashish as "the resin extracted from any part of the plant Genus Cannabis L. and any compound, manufacture, salt, derivative, mixture, or preparation of such resin." Hashish is a Schedule I controlled substance.
See
- Section 24:21-2 of the New Jersey Statutes Annotated Web Search
- Section 24:21-5(e) of the New Jersey Statutes Annotated Web Search
Possessing less than 5 grams of hashish is a disorderly person offense punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 6 months. Possessing 5 grams or more of hashish is a crime in the 4th degree punishable by a fine no greater than $25,000 and/or a term of imprisonment no greater than 18 months.
See
- Section 2C:35-10 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-8 of the New Jersey Statutes Annotated Web Search
Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense less than 5 grams of hashish is a crime in the 4th degree punishable by a fine no greater than $25,000 and/or a term of imprisonment no greater than 18 months. If the amount of hashish is 5 grams or more but less than 1 pound, the offense is a crime in the 3rd degree punishable by a fine no greater than $25,000 and/or a term of imprisonment no less than 3 years and no greater than 5 years. If the amount of hashish involved was 1 pound or greater but less than 5 pounds, the offense is a crime in the second degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than 5 years and no greater than 10 years. If the amount of hashish involved was 5 pounds or greater, the offense is a crime in the first degree punishable by a fine no greater than $200,000 and/or a term of imprisonment no less than 10 years and no greater than 20 years.
See
- Section 2C:35-5 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense hashish within 1,000 feet of a school or school bus stop is a crime in the 3rd degree punishable by a fine no greater than $150,000 and/or a term of imprisonment no less than a mandatory 3 years and no greater than 5 years.
See
- Section 2C:35-7 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
Paraphernalia
Possession or use of paraphernalia is a "Disorderly Persons Offense" punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.
Sale of paraphernalia is a crime in the 4th degree punishable by a maximum sentence 18 months imprisonment and a maximum fine of $10,000.
Sale of paraphernalia to minors is a crime in the 3rd degree punishable by a sentence of 3-5 years imprisonment and a maximum sentence of $25,000.
Advertising the sale of any such device or equipment is a crime in the 4th degree punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 18 months.
See
- Section 2C:36-2 of the New Jersey Statutes Annotated Web Search
- Section 2C:36-4 of the New Jersey Statutes Annotated Web Search
- Section 2C:36-5 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-3 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-6 of the New Jersey Statutes Annotated Web Search
- Section 2C:43-8 of the New Jersey Statutes Annotated Web Search
Miscellaneous
In NJ, failure to turn over marijuana or hashish to a nearby police officer is a misdemeanor. In addition, being under the influence of marijuana or hashish (whether you are driving a car or not), is also a misdemeanor. These offenses can be punished by:
- Up to six months imprisonment (N.J.S.A. 2C:43-8)
- A fine of up to $1000 (N.J.S.A. 2C:43-3(c))
- Loss of Public Housing (N.J.S.A. 2A:18-61.1)
- Potential Eviction from leased residential premises (N.J.S.A. 2A:18-61.1)
- Loss of driving privileges for not less than six months and up to two years. (2C:35-16)
- Mandatory loss of driving privileges for two years if the marijuana is in a motor vehicle. (N.J.S.A. 39:4-49.1)
- A term of community service (N.J.S.A. 2C:43-2b(5))
- A mandatory $75 Safe Neighborhoods Services assessment (N.J.S.A. 2C:43-3.2)
- A mandatory $50 lab fee (2C:35-20)
- A mandatory $50 Victims of Crime Compensation Board penalty (2C:43-3.1a(2)(a))
- A mandatory $500 Drug Enforcement Demand Reduction penalty (N.J.S.A. 2C:35-15(e))
- A period of probation of up to five years (N.J.S.A. 2C:43-2b(2); State v. Dove, 202 N.J.Super. 540, (Law Div. Jan 29, 1985)
See
- Section 2C:35-10(c) of the New Jersey Statutes Annotated Web Search
- Section 2C:35-10(b) of the New Jersey Statutes Annotated Web Search
Driver's license suspension
Shall suspend, revoke or postpone the driving privileges for a period not less than six months or more than two years of every person convicted of or adjudicated delinquent for not less than 6 months and no more than two years. If less than 17 years old, the suspension shall not run less than six months or more than two years after they turn 17.
See
- 17. 39:5-30.13 of the New Jersey Statutes Annotated Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
MANDATORY MINIMUM SENTENCE
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
New Jersey Marijuana Arrests
| New Jersey | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | 21,369 | 22,525 | 22,118 | 22,136 | 24,290 | 3.3% |
| Sales | 3,412 | 3,887 | 3,948 | 3,262 | 3,498 | 0.6% |
| Total | 24,781 | 26,412 | 26,066 | 25,398 | 27,788 | 2.9% |
ARC: Annual Rate of Change
Source: Federal Bureau of Investigation, Uniform Crime Reporting Program
Good afternoon Guys! It's been a minute, no doubt we've been extremely busy negotiating and... Show more 1 week ago