New Jersey’s cannabis laws have undergone a transformation, leading to a fertile ground for businesses while providing patients and recreational users with more freedom and options. With a clear understanding of these laws, one can navigate this new landscape with ease.
Cannabis Laws: The Fundamentals
New Jersey has created a legal distinction between cannabis and marijuana. Both terms describe parts of the plant Cannabis sativa L., but while cannabis refers to the regulated form of the plant (cultivated and produced for use in regulated cannabis items), marijuana refers to the unregulated form of the plant (typically found on the illicit market).
Cannabis Regulatory Commission
The Cannabis Regulatory Commission (CRC) is a body established to oversee the medicinal and recreational cannabis industry in New Jersey. The CRC is responsible for creating and enforcing rules and regulations that govern the sale and purchase of cannabis.
CRC’s Initial Actions
The CRC’s primary task is to develop rules and regulations, a process that began with its first meeting on April 12, 2021. The Commission continued to conduct meetings throughout 2021, gathering public comments and developing procedures.
CRC’s Composition
The CRC is made up of five members appointed by Governor Phil Murphy. Among them are former Assistant Commissioner Jeff Brown, former ACLU attorney Dianna Houenou, former Marine and Verizon executive Sam Delgado, former staffer for Senator Cory Booker Charles Barker, Department of Health’s Director of Policy and Legislative Services Maria Del Cid-Kosso, and social worker and Director for the Program for Returning Offenders with Mental Illness Safely Effectively (PROMISE) Krista Nash.
Cannabis Licensing
The CRC is expected to start accepting and processing applications for cannabis licenses within 30 days of the adoption of its initial rules and regulations. The licenses expected to be issued include:
- Class 1 Cannabis Cultivator license
- Class 2 Cannabis Manufacturer license
- Class 3 Cannabis Wholesaler license
- Class 4 Cannabis Distributor license
- Class 5 Cannabis Retailer license
- Class 6 Cannabis Delivery license
Buying and Possessing Cannabis in New Jersey
Following the constitutional amendment in November 2020, New Jersey legalized the recreational use of marijuana for adults aged 21 and older. As a result, adults can legally possess up to 6 oz of marijuana or up to 17 grams of hashish.
Where to Buy Cannabis
Once the commercial sales market regulations are established, New Jersey’s existing medical marijuana dispensaries will be the first to sell legal marijuana. New dispensaries will follow the bidding process.
Cannabis Purchase Limitations
At state-licensed cannabis dispensaries, customers will be able to buy up to 1 oz of cannabis per transaction. This can include various product combinations such as 28.35 grams of dried flower, 4 grams of solid cannabis concentrates, or 1000 mg of multiple ingestible cannabis-infused products like gummies.
Gifting Cannabis
New Jersey cannabis laws allow adults to give up to 28.35 grams (1 ounce) of cannabis to another adult aged 21 years or older, as long as no form of payment or compensation is exchanged.
Cannabis Delivery
Once the dispensaries open for the public, licensed delivery drivers and marijuana delivery services will be able to bring cannabis directly to customers.
Cannabis Consumption in New Jersey
While smoking or using cannabis in public places is prohibited, recreational cannabis can be consumed in private residencies. The Commission has also been given the authority to designate consumption areas or lounges in the future.
Cannabis and Employment
New Jersey’s cannabis laws also impact the workplace. Employers can require employees to undergo drug tests under certain circumstances, such as reasonable suspicion of cannabis usage during work responsibilities or following a work-related accident. However, an employer cannot refuse to hire or penalize an employee solely based on their use of cannabis outside of work.
Cannabis and Minors
Cannabis laws in New Jersey are stringent when it comes to minors. Anyone younger than 21 caught possessing or consuming marijuana will receive escalating warnings. The law also requires law enforcement to provide written notification to a minor’s parent or guardian upon the first offense of unlawful possession or consumption of cannabis.
Driving Under the Influence of Cannabis
Driving under the influence of cannabis remains illegal in New Jersey. Laws regarding driving while impaired apply to being under the influence of cannabis.
New Jersey Cannabis Laws: Key Takeaways
New Jersey’s cannabis laws present a groundbreaking shift from prohibition to regulation. With a clear understanding of these new laws, one can navigate this new landscape with ease, whether as a business, patient, recreational user, or concerned citizen. Remember, however, that the laws continue to evolve, and staying up-to-date is crucial to remaining compliant and enjoying the benefits of legalized cannabis in New Jersey.
