Last reviewed . Law current as of October 2026.
Generally not on smell alone. Since CREAMMA took effect on February 22, 2021, New Jersey law says the odor of cannabis or burnt cannabis is not reasonable articulable suspicion of a crime (N.J.S.A. 2C:35-10c), except on school property or at a correctional facility. Police can still rely on other facts, so the details of your stop matter.
What the law changed
Before 2021, New Jersey courts treated the smell of marijuana as probable cause to search. CREAMMA added N.J.S.A. 2C:35-10c, which, as the Supreme Court described in State v. Cohen, provides that the odor of cannabis or burnt cannabis does not constitute reasonable articulable suspicion of a crime, except on school property or at a correctional facility (N.J.S.A. 2C:35-10; State v. Cohen, 254 N.J. 308 (2023)).
What it does not change
- Police may still act on other facts, such as visible contraband, statements, or signs of impairment.
- The Supreme Court said the provision has no bearing on searches that happened before CREAMMA took effect.
- Driving under the influence of cannabis is still a DWI under N.J.S.A. 39:4-50.
If your car was searched
The legality of the stop and the search is often the first issue in a drug case. Write down what the officer said about why they searched, More: New Jersey marijuana law and drug charges.
Frequently asked questions
Is the smell of marijuana probable cause in New Jersey?
Not by itself for conduct after February 22, 2021. Under N.J.S.A. 2C:35-10c, odor alone is not even reasonable suspicion of a crime, except on school property or at a correctional facility.
Can police still search if they find something else?
Yes. Other facts can justify a stop or search. Whether they did is decided case by case.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.