New Jersey Statewide Rule
New Jersey Cannabis Home Cultivation Statewide Prohibition
Key Facts
- Statute
- N.J.S.A. 24:6I-31; 2C:35-5
- Personal grow allowed
- Zero plants
- Under 10 plants
- Third-degree crime
- 50+ plants
- First-degree crime
Summary
New Jersey state law prohibits home cultivation of cannabis statewide, even for adults 21 and over and registered medical patients, and municipalities cannot legalize personal grows.
(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000 may be imposed; (b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
Full Breakdown
Under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (N.J.S.A. 24:6I-31 et seq.) and the underlying Compassionate Use Medical Marijuana Act, only licensed Cannabis Regulatory Commission cultivators may grow cannabis plants in New Jersey. Personal home cultivation by adults or medical patients remains a criminal offense. Local governments cannot opt in to allow home grows. Cultivating any number of plants without a state license violates N.J.S.A. 2C:35-5 manufacturing penalties.
Violations & Penalties
Growing cannabis without a license is a crime under N.J.S.A. 2C:35-5: fewer than 10 plants is third-degree; 10 to 49 plants is second-degree; 50 or more plants is first-degree, carrying years in prison and heavy fines.
Frequently Asked Questions
Can I grow my own cannabis in New Jersey?
Can a town legalize home grows?
Sources
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