Is marijuana legal in New Jersey?
Yes. As of 2026, marijuana (weed) is legal in New Jersey for adults 21 and older, who can possess up to six ounces and buy it at licensed cannabis retailers. Home growing is not allowed. Medical cannabis is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in New Jersey
New Jersey voters approved adult-use cannabis in Question 1 on November 3, 2020. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L.2021, c.16, was signed February 22, 2021. Licensed adult-use sales began April 21, 2022. Medical cannabis has been legal since the Jake Honig Compassionate Use Medical Cannabis Act, originally passed in 2010. The Cannabis Regulatory Commission oversees both markets.
On and after the 2021 effective date, possession of six ounces or less of marijuana, or 17 grams or less of hashish, is not subject to any punishment and is not a crime, offense, act of delinquency or civil violation. Possessing more than six ounces, or more than 17 grams of hashish, is a crime of the fourth degree. The adult-use act does not authorize personal home cultivation.
Licensed cannabis retailers sell to adults 21 and older. Medical patients buy through the medicinal program. Some retailers may have a licensed consumption area.
The smell of marijuana alone is not reasonable suspicion for a search tied to the six-ounce possession rule. Employers may still restrict workplace use. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Atlantic City, NJ – Aug 15, 2026: MPX NJ cannabis dispensary Photo: Adobe Stock (editorial use only).
What the law says
Legal
- possession of six ounces or less of marijuana, including any adulterants or dilutants, or 17 grams or less of hashish is not subject to any punishment, as this possession is not a crime, offense, act of delinquency, or civil violation of law
Not legal
- possession of more than six ounces of marijuana, including any adulterants or dilutants, or more than 17 grams of hashish is guilty of a crime of the fourth degree
- The odor of marijuana or hashish, or burnt marijuana or hashish, shall not constitute reasonable articulable suspicion to initiate a search of a person to determine a violation of subparagraph (b) of paragraph (3) of this subsection
Quoted from N.J.S.A. 2C:35-10.
How old do you have to be to use marijuana in New Jersey?
You have to be 21 to buy weed in New Jersey for adult use. Licensed cannabis retailers sell only to adults 21 and older who show a valid ID. Medical cannabis remains available to registered qualifying patients, including some patients under 21 with a caregiver, under the Jake Honig Compassionate Use Medical Cannabis Act. The six-ounce no-punishment rule in 2C:35-10 is a possession rule; it is not a license for people under 21 to buy at a store.
How much marijuana can you have in New Jersey?
Adults in New Jersey can have up to six ounces of marijuana, or 17 grams of hashish, without that possession being a crime, offense or civil violation. That limit applies when you carry cannabis, including in a car. Possessing more than six ounces, or more than 17 grams of hashish, is a crime of the fourth degree. Using or being under the influence of marijuana is not a punishable offense under 2C:35-10, but property owners can still ban smoking or vaping on their property.
Where can you buy marijuana in New Jersey?
You can buy weed in New Jersey at licensed cannabis retailers regulated by the Cannabis Regulatory Commission. Adults 21 and older need a valid ID. Medical patients buy through the medicinal cannabis program, including at alternative treatment centers. Some sites also have a licensed consumption area. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in New Jersey?
No, you can't grow weed at home in New Jersey. CREAMMA regulates licensed cannabis cultivators and does not authorize personal home cultivation for adults or medical patients. Growing marijuana without a license can bring criminal charges under New Jersey's controlled dangerous substances laws.
Where can you use marijuana in New Jersey?
You can smoke weed in New Jersey on private property unless the owner says no. Licensed consumption areas at some retailers or medical sites are the main public places where on-site use is separately authorized. Property owners, including landlords of multifamily housing, cooperatives and condominiums, may prohibit smoking, vaping or aerosolizing marijuana on the property. Using marijuana while driving is not protected.
How do you get a medical marijuana card in New Jersey?
To get a medical marijuana card in New Jersey, you register with the Cannabis Regulatory Commission's medicinal cannabis program after a health care practitioner certifies a qualifying condition. Registered qualifying patients and caregivers can buy at licensed medical cannabis dispensaries or alternative treatment centers. Patients under 18 need a caregiver. The medical program continues alongside adult use.
Can visitors buy or use marijuana in New Jersey?
Yes. Out-of-state visitors can buy marijuana in New Jersey if they are 21 or older. Adult-use retail sales do not require New Jersey residency. Visitors follow the same six-ounce possession limit and public-use rules as residents. Taking cannabis out of New Jersey across state lines remains illegal under federal law.
What are the rules on driving and marijuana in New Jersey?
No, you can't drive high in New Jersey. The adult-use and possession laws do not protect driving while under the influence of marijuana. New Jersey's DUI laws still apply to residents, visitors and medical patients. Possessing six ounces or less is not a defense to impaired driving.
Can an employer in New Jersey fire you for using marijuana?
Yes, you can get fired for using marijuana in New Jersey in many jobs. CREAMMA says licensed businesses and others are not subject to penalty solely for conduct the act permits, and the presence of cannabinoid metabolites shall not form the basis for refusing to employ someone unless that would violate a federal contract or cause a loss of federal funding. Employers may still restrict use, possession and impairment at work, and they may keep workplace policies.
What are the penalties for breaking marijuana laws in New Jersey?
In New Jersey, possessing six ounces or less of marijuana, or 17 grams or less of hashish, is not subject to any punishment. Possessing more than six ounces, or more than 17 grams of hashish, is a crime of the fourth degree, with a possible fine of up to $25,000. The odor of marijuana alone is not reasonable suspicion for a search about that six-ounce offense. Selling without a license and growing without a license remain crimes.
Are CBD, hemp and delta-8 products legal in New Jersey?
Hemp grown under the New Jersey Hemp Farming Act is excluded from CREAMMA's cannabis definition. CBD from lawful hemp can be sold as a hemp product. Delta-8, THCA flower and other intoxicating hemp products have been the subject of tighter state rules and may be treated like cannabis rather than a loophole around licensed retailers. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in New Jersey?
Yes. Federal law still applies in New Jersey. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in New Jersey changed recently, or is it about to?
New Jersey's adult-use market has been operating since April 21, 2022, under CREAMMA, which was signed February 22, 2021, after voters approved legalization in 2020. The six-ounce no-punishment possession rule remains in 2C:35-10. Home cultivation has not been added. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (6)
- P.L.2021, c.16, CREAMMA (C.24:6I-31 et al.) pub.njleg.state.nj.us
- N.J.S.A. 2C:35-10 (possession; six ounces or less not punishable) codes.findlaw.com
- New Jersey Cannabis Regulatory Commission, adult personal use nj.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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