New Jersey

Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
Summary of New Jersey
Year Law Last Passed 2010
How Law Was Passed Senate Bill 119 (48-14 H; 25-13 S)
Possession Limit 2 oz usable

Laws, Limits and Penalties

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

Details

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.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

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: Medical Use.