What are the penalties for selling marijuana in New Jersey?

Selling marijuana in New Jersey can still get you in a lot of trouble, even though possession of small amounts has been legalized. There’s a complex web of laws around cannabis in NJ, and it’s important to understand exactly what’s allowed and what isn’t before you decide to sell weed. This article will break down the specific penalties so you know what you’re getting into.

Possession limits

Let’s start with the basics. In 2020, New Jersey passed a law allowing adults 21 and over to possess up to 6 ounces of marijuana or 17 grams of hashish. Possessing more than that amount is still illegal, and you can face fines and jail time. Here’s a quick rundown of the possession penalties¹:

• 6 ounces or less of marijuana – Legal for personal use
• More than 6 ounces of marijuana – 4th degree crime, up to 18 months in jail and $25,000 fine
• More than 17 grams of hashish – 4th degree crime, up to 18 months in jail and $25,000 fine

It’s important to remember that while possessing marijuana for personal use in those amounts is legal, selling any amount of marijuana is still very much illegal in New Jersey.

Selling marijuana

If you’re caught selling any amount of marijuana in New Jersey, you’re looking at some hefty penalties. Here’s an overview of the fines and jail time you can face²:

• Selling any amount – 3rd degree crime
• Within 1,000 feet of a school – Additional 100 hours community service
• To a minor – Additional $500 – $100,000 fine
• While possessing a firearm – Additional 3-5 years in prison

For a 3rd degree crime conviction in New Jersey, you can face 3-5 years in state prison and fines up to $35,000. Not exactly a slap on the wrist. Things get even worse if you’re caught selling larger amounts. Here’s a breakdown by weight³:

• Less than 1 ounce – 4th degree crime, up to 18 months in jail and $25,000 fine
• 1 ounce to 5 pounds – 3rd degree crime, 3-5 years in jail
• 5-25 pounds – 2nd degree crime, 5-10 years in jail
• 25 pounds or more – 1st degree crime, 10-20 years in jail

As you can see, selling weed in New Jersey is risky business. Even small amounts can lead to years behind bars if you’re caught.

Growing marijuana

What about growing your own marijuana – is that legal in New Jersey? Unfortunately not. Unless you have one of the limited medical marijuana growing licenses, it is illegal to cultivate cannabis in NJ. Here are the penalties if you’re caught growing⁴:

• Less than 10 plants – 4th degree crime
• 10-49 plants – 3rd degree crime
• 50 or more plants – 2nd degree crime

So you’d be facing the same fines and jail times as selling marijuana, depending on the number of plants. Not worth the risk for most people.

Being under the influence

What about just using marijuana – can you get in trouble for being high, even if you didn’t sell or grow it? Unfortunately yes. Being under the influence of marijuana is still a misdemeanor offense in New Jersey. The penalties¹ include:

• Up to 6 months in jail
• Up to $1000 fine
• Potential eviction from public housing
• 6 months to 2 years driver’s license suspension if under 21

So you don’t want to smoke weed in public or drive while high, because you could wind up in legal trouble even if you didn’t sell it.

Defenses

If you do get arrested for a marijuana charge in New Jersey, don’t panic. There are defenses that an experienced criminal lawyer can use to get your charges reduced or even dismissed. Some common defenses include⁵:

• Invalid search – If the police didn’t have probable cause or a warrant, evidence may be thrown out
• Misidentified substance – The substance may not actually be marijuana
• Possession vs distribution – Hard to prove intent to distribute vs personal use
• Entrapment – You were illegally coerced into committing the crime

An experienced marijuana crimes lawyer will thoroughly investigate the details of your case to figure out the best defense strategy.

Expungement

If you are convicted of a marijuana charge in New Jersey, you may be able to have your record expunged after a period of time. This can help remove the offense from background checks so it doesn’t impact things like employment. For indictable offenses (crimes), you must wait 10 years before applying for expungement⁶. Non-indictable offenses (disorderly persons) only require a 5 year waiting period.

Conclusion

Selling marijuana is still illegal in New Jersey, even though possession of small amounts has been decriminalized. The penalties can be severe depending on the amount you are caught with – from fines in the thousands to years in prison. Growing marijuana and being under the influence are also illegal. If you do get charged, an experienced criminal defense lawyer can help defend your case and work to get penalties reduced or charges dismissed. But your best bet is to avoid selling or growing marijuana in NJ until the laws fully catch up with public opinion.