It’s official: new jersey has legalized marijuana

Well, there you have it: marijuana is officially legal in the state of New Jersey. After a failed legislative push in 2019, the new law finally came to fruition on Monday, February 22, 2021 after Governor Phil Murphy signed three bills into law. 

While New Jersey residents have known for some time that the Garden State would be following in the footsteps of the other parts of the country that have already legalized marijuana, there are still some important questions that must be answered. For example, can you still be arrested for possessing or using marijuana? Will you be allowed to grow it? And most importantly, what happens if you currently have charges for marijuana possession against you? 

Continue reading to find out how this new law will affect you now that New Jersey has legalized marijuana. 

Is Marijuana Really Legal? 

Yes, however, there are restrictions. Under this new law, adults 21 and older are legally allowed to possess up to six ounces of marijuana. You will be able to smoke marijuana anywhere that smoking cigarettes is allowed. However, you could still be arrested for marijuana possession if you are in possession of more than six ounces. 

Additionally, you will be barred from smoking marijuana on public transportation, on a public street and anywhere else drinking alcohol and/or smoking is strictly forbidden. 

Can You Grow Your Own Marijuana Plant?

While other states may have allowed residents to grow their own marijuana plant at home, New Jersey is not one of them. There is currently no provision under this new law that will allow someone to grow a marijuana plant for any reason, whether it be for recreational or medicinal purposes. Only time will tell if this changes, but for right now, it is illegal and you could face legal consequences for doing so. 

What Happens to My Criminal Record?

If you currently have any of the following charges levied against you, they will be dismissed under this new law:

• 2C:35-5(b)(12) – distribution of marijuana or hashish
• 2C:35-10(b) – being under the influence of marijuana or hashish 
• 2C:35-10(a) – possession of marijuana or hashish
• 2C:36-2 – possession of drug paraphernalia with the intent to use or ingest marijuana or hashish

If you have any outstanding fines or are currently on parole or probation as a result of one of the crimes listed above, they will be vacated.

If you have any questions about how this new law will affect you or if you want to see if you are eligible to get an expungement for a crime not listed here, contact our office for a consultation: (732) 540-1394.

Read more: What Crimes Can Be Expunged In New Jersey?

Contact An Experienced Clark Criminal Defense Lawyer About Your Drug Charges In New Jersey

Were you arrested or charged with a drug crime in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The criminal defense attorneys at Team Law have successfully represented clients charged with drug possession, distribution and federal drug charges in Clifton, Trenton, Camden, Passaic, and throughout New Jersey. Call (732) 540-1394 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 136 Central Ave., Clark, NJ 07066, as well as offices located in West New York, Perth Amboy, Edison, Summit, Newark, New Brunswick, Orange, Plainfield, and Jersey City.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.