Home cannabis cultivation remains illegal in New Jersey despite recreational legalization. NJ Cannabis Regulatory Enforcement and Assistance Act (CREAMMA, N.J.S.A. 24:6I-31 et seq., 2021) legalized adult-use possession but did NOT legalize home cultivation. NJ is one of only a few states with legal recreational cannabis that prohibits any home grow. Licensed cultivators only. Penalties include criminal charges. Medical cannabis patients also cannot home grow under current law. Advocacy to authorize home cultivation is ongoing but has not passed.
New Jersey's cannabis landscape is uniquely restrictive on home cultivation. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA, N.J.S.A. 24:6I-31 et seq.), signed February 2021, legalized adult-use recreational cannabis, licensed retail dispensaries, and established the NJ Cannabis Regulatory Commission (CRC). However, CREAMMA did NOT include any provision permitting home cultivation. New Jersey is one of the only states with legal recreational cannabis (along with Washington before 2022) that prohibits any home grow. Growing even a single plant for personal use remains a criminal offense under N.J.S.A. 2C:35-5. Medical cannabis patients registered under the Compassionate Use Medical Marijuana Act and Jake Honig Compassionate Use Medical Cannabis Act similarly cannot home-grow. This restriction applies identically in every Union County municipality. Licensed cultivators operate only under CRC class 1 cultivator licenses with extensive security, testing, and compliance requirements; Union County has seen limited cultivation licensing. Possession (adult-use) is legal up to 6 oz (or equivalent) for adults 21+; gifting is legal but selling without license is not. Advocacy to authorize home cultivation has introduced legislation in multiple sessions but none has passed as of 2025. Union County towns have varied local responses to cannabis retail (see dispensary-zoning) but none can override the state home cultivation prohibition.
Home cultivation of any amount: N.J.S.A. 2C:35-5 criminal charges. Under 1 oz / 5 plants: disorderly persons offense up to 6 months jail and $1,000 fine. 1 oz - 5 lbs / 10+ plants: 3rd degree crime, 3-5 years, up to $25,000. Distribution: 2nd degree crime with mandatory minimums.
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