Last reviewed . Law current as of October 2026.
Since 2021, adults in New Jersey may possess up to 6 ounces of marijuana without committing an offense. More than 6 ounces is a fourth-degree crime under N.J.S.A. 2C:35-10. The odor of marijuana alone is not reasonable suspicion of a crime. Selling outside the licensed system and driving high remain illegal.
Key takeaways
- Adults may possess up to 6 ounces of marijuana without committing an offense.
- More than 6 ounces is a fourth-degree crime; selling outside the licensed system is still illegal.
- The odor of cannabis alone is not reasonable suspicion of a crime (N.J.S.A. 2C:35-10c), except on school property or at a correctional facility.
Is marijuana legal in NJ, and how much can I have?
| Conduct | Status |
|---|---|
| Adult possession of 6 oz or less | Not an offense |
| Possession over 6 oz | Fourth-degree crime (up to 18 months, $25,000) |
| Selling outside the licensed market | Still illegal; grade depends on amount |
| Driving under the influence of marijuana | DWI under N.J.S.A. 39:4-50 |
| Odor alone as basis for search (low-level offenses) | Not permitted under the 2021 law |
Can police search my car if they smell marijuana in NJ?
Under the 2021 decriminalization law, the odor of marijuana, burnt or raw, is not, by itself, reasonable articulable suspicion of a crime under N.J.S.A. 2C:35-10c, except on school property or at a correctional facility (State v. Cohen, 254 N.J. 308 (2023)). Police can still act on other facts. If a search relied on odor, that is a motion to raise. See the Attorney General's guidance.
Are old marijuana convictions automatically expunged?
Under N.J.S.A. 2C:52-6.1, added by the 2021 decriminalization law (P.L.2021, c.19), many marijuana and hashish cases from before February 22, 2021 were expunged by operation of law, with no petition needed. That covers possession, being under the influence, paraphernalia used with marijuana, and certain smaller-amount distribution charges. Any remaining sentence, supervision, or unpaid court-ordered financial assessment for those cases was vacated.
In State v. Gomes (2023), the New Jersey Supreme Court held that a prior marijuana conditional discharge cleared this way does not automatically bar PTI (opinion). If you are not sure an old case was cleared, ask us to check.
Related guides
- CDS possession
Penalties for drug possession in New Jersey under N.J.S.A. 2C:35-10 by schedule and amount, actual vs. constructive possession, and diversion options.
- Intent to distribute
How New Jersey grades possession with intent to distribute by drug and weight under N.J.S.A. 2C:35-5, how intent is proven, and aggregation rules.
- Conditional discharge
New Jersey's conditional discharge program for first-time disorderly persons drug offenses: who qualifies, supervision of up to 3 years, the $75 fee, and dismissal without a conviction.
- School and park zone charges
How New Jersey's 1,000-foot school zone and 500-foot public housing, park, and building zones work for drug distribution charges, and how distances are challenged.
Frequently asked questions
Is it legal to drive after smoking marijuana in New Jersey?
No. Driving under the influence of marijuana is a DWI under N.J.S.A. 39:4-50.
How much marijuana can I have in New Jersey?
Adults may have up to 6 ounces without committing an offense.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
- P.L.2021, c.19 (marijuana decriminalization and expungement; official text)
- State v. Gomes, 253 N.J. 6 (2023): CREAMMA expungement by operation of law (PDF)
- N.J.S.A. 2C:52-6.1
- NJ Attorney General: Marijuana decriminalization and cannabis legalization
- NJ Attorney General: Marijuana law enforcement FAQs (PDF)
- N.J.S.A. 2C:35-10
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.