Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Serving Jersey City, Hudson County & all of New Jersey · Free Consultations · Se Habla Español
Adults 21 and over may possess up to six ounces of cannabis in New Jersey under the 2021 CREAMMA law, and cannabis odor alone cannot justify a search. Possession over six ounces is a fourth-degree crime under N.J.S.A. 2C:35-10(a)(3); unlicensed distribution remains a crime under 2C:35-5; under-21 possession is handled by written warnings, not arrest; and driving under the influence of cannabis is a DWI under 39:4-50.
The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) legalized adult possession and set the limit at six ounces. Above that, 2C:35-10(a)(3) makes possession a fourth-degree crime. Distribution under 2C:35-5 is still graded by weight — fourth degree under an ounce, third degree from one ounce to five pounds, second degree from five to 25 pounds, first degree above that — and ‘distribution’ includes giving cannabis to a friend for money, or to anyone under 21. Growing cannabis at home remains a crime in New Jersey.
For people under 21, the law replaced arrest with a warning system: a first violation is a written warning, a second adds a notice to parents and a referral to resources, and only a third can bring a fine. Police cannot search a minor based on cannabis odor, and a violation of those rules by an officer is itself an offense. Public consumption is a civil penalty, not a crime. And the statute expressly bars police from using cannabis odor as reasonable suspicion or probable cause — the single most important change for anyone stopped in a car in Jersey City.
2C:35-10(a)(3) · fourth degree
2C:35-5 · fourth degree to first degree by weight
Multiple bags or scales used to infer sale
Home growing is still a crime · graded by plant count
Warning system; we challenge violations of it
39:4-50 · Drug Recognition Evaluator cases
Unlawful since 2021 · suppression of anything found
Automatic and petition-based expungement
| Conduct | Status | Maximum exposure |
|---|---|---|
| Possession up to 6 oz, adult 21+ | Legal | None |
| Public consumption | Civil violation | Fine, no record |
| Possession under 21, first and second violation | Written warning | No arrest, no record |
| Possession over 6 oz | Fourth degree | 18 months, $25,000 |
| Distribution under 1 oz | Fourth degree | 18 months, $25,000 |
| Distribution 1 oz – 5 lb | Third degree | 3–5 years, $25,000 |
| Distribution 5–25 lb | Second degree | 5–10 years, $150,000 |
| Driving under the influence of cannabis | Traffic offense (DWI) | Interlock or suspension, fines, IDRC |
Legalization moved the enforcement line rather than erasing it. Jersey City police continue to charge distribution based on packaging and quantity, to run cannabis DWI investigations with Drug Recognition Evaluators, and — despite the statute — to conduct searches that began with odor. Every one of those is defensible, and the odor cases in particular have produced suppression orders in Hudson County because the legislature wrote the prohibition into the statute itself.
We also handle the other side of legalization: expunging pre-2021 marijuana convictions. Many were vacated automatically, but the process missed cases, and a lingering possession conviction still shows up on employment and immigration checks. We confirm whether yours was cleared and file the petition if it was not.
Yes for adults 21 and over, up to six ounces, under New Jersey’s 2021 CREAMMA law. Public consumption is a civil violation, sale without a license is still a crime, and driving under the influence of cannabis is a DWI.
No. N.J.S.A. 2C:35-10c bars police from using the odor of cannabis as reasonable suspicion or probable cause to stop or search a person or vehicle. Evidence found in a search that began with odor is subject to suppression.
A first violation is a written warning; a second brings a notice to a parent or guardian and a referral to community services; a third can bring a fine of up to $50. Police may not search you based on odor, and there is no arrest or criminal record for possession under the limit.
There is no per se THC limit, so the State relies on observations, field sobriety tests and a Drug Recognition Evaluator’s report, sometimes with a blood or urine test. Each element can be challenged, and DRE evidence is regularly excluded when the protocol was not followed.
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Ibrahim & Ibrahim Law Firm
910 Bergen Ave, Suite 203
Jersey City, NJ 07306
Directions · a five-minute walk from Journal Square PATH; two blocks from the courthouse complex
