Not All Attorneys Are Created Equal. We Explore All Potential Solutions To Get You The Best Possible Outcome.

Is it still possible to be arrested for marijuana in New Jersey?

On Behalf of | May 24, 2024 | Criminal Defense |

In New Jersey, as with the rest of the country, the legal landscape surrounding marijuana has undergone significant changes in recent times. The Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (known as the CREAMM Act) permits the sale and use of cannabis for adults over 21. However, this does not mean that all marijuana is now legal in the Garden State.

Regulated versus unregulated marijuana

The CREAMM Act distinguishes between regulated cannabis (legal) and unregulated marijuana (likely, illegal). Adults can legally possess up to 6 ounces of regulated cannabis, with permitted dispensaries allowed to sell up to 1 ounce per transaction.

Marijuana, a state-level controlled substance

While marijuana remains a controlled substance, it has been largely decriminalized for non-distribution offenses. Penalties for possession and distribution are now more lenient, tiered based on weight. However, selling marijuana without a permit is still illegal, with penalties starting from possession of over 6 ounces.

Marijuana, a federal-level illegal substance

Despite state-level legalization, federal law still considers marijuana largely, completely illegal, classified as a Schedule I drug. However, there are indications that the Biden administration plans to reclassify marijuana, potentially easing restrictions nationwide.


While New Jersey has taken significant steps towards legalization and decriminalization, it is crucial to understand the nuances of the laws. Possession and use within legal limits are allowed, but distribution without a permit and exceeding possession limits can lead to penalties. Additionally, federal law continues to classify marijuana as illegal, although this stance may evolve in the future.


Recent Posts