New Jersey’s marijuana laws are continuing to evolve in 2026. An important new law that Governor Murphy signed on January 12 took effect the next day, and two bills currently pending in the New Jersey Legislature could potentially bring additional changes later in the year. At the same time, several important aspects of New Jersey’s marijuana laws are remaining unchanged—including the laws governing the state’s medical marijuana and recreational (or “adult use”) marijuana programs. Learn more from an experienced New Jersey drug crime lawyer at Helmer, Conley & Kasselman, P.A.
New State Law Bans Many Hemp-Derived Products Starting April 13, 2026
A new state law passed on January 12, 2026 redefines “hemp” to exclude synthetic cannabinoids as well as products that contain 0.4 mg per container of THC or other cannabinoids with intoxicating effects. The law is specifically intended, “to close the loophole created by . . . the ‘Agriculture Improvement Act of 2018,’ which permitted the manufacture and sale of hemp products that caused intoxication similar to cannabis items.”
While this new state law took effect on January 13, sales of products excluded from the definition of “hemp” are allowed until April 13, 2026, to “permit[] businesses which sell hemp products, including intoxicating hemp beverages, that exceed the federally defined THC level to sell their remaining inventory prior to the ban on sale of such products.” Licensed businesses will be allowed to sell beverages with a maximum THC concentration of 10 mg per container until November 13, 2026, after which date “licensees will no longer be permitted to sell intoxicating hemp beverages.”
The new law includes other prohibitions as well, including a prohibition on selling any product with any amount of detectable THC to individuals under the age of 21. This particular prohibition is already in effect. Violations of any of the law’s prohibitions can expose businesses (and potentially their owners) to steep penalties.
Two Pending Bills Could Authorize Home Growing Later This Year
Two bills that are currently pending before the New Jersey Legislature could authorize home growing of marijuana for both recreational and medicinal use. It is important to note, however, that similar legislative efforts have failed in the past, most recently last year.
Bill S2564 would legalize growing up to six marijuana plants for personal recreational use and up to 10 marijuana plants for personal medicinal use by individuals age 21 and older. Bill S1758 specifically addresses home growing of medicinal marijuana. Both bills have been introduced in the Senate and are currently in committee.
New Jersey’s Other Marijuana Laws Remain Largely Unchanged
Otherwise, New Jersey’s marijuana laws remain largely unchanged in 2026. This means that recreational use of marijuana remains generally legal for individuals over age 21—though restrictions apply. As of January 2026, marijuana crimes in New Jersey include:
- Possessing More than Six Ounces of Marijuana – Under New Jersey’s “adult use” law, individuals over age 21 can generally possess up to six ounces of marijuana. Possessing more than six ounces of marijuana is a fourth-degree indictable offense that carries up to 18 months in prison and a $25,000 fine.
- Possessing Marijuana on School Grounds – While individuals over age 21 can generally possess up to six ounces of marijuana for recreational use, possessing any amount of marijuana on school grounds is a criminal offense. At a minimum, individuals caught with marijuana on school grounds can be charged with a disorderly persons offense, carrying up to six months in jail and a $1,000 fine.
- Smoking Marijuana in Public – Both New Jersey’s recreational use law and the state’s medical marijuana law prohibit smoking in public places. Smoking marijuana in public is a civil violation that carries a fine of $250 to $1,000.
- Driving Under the Influence of Marijuana – Driving under the influence of marijuana is illegal for both recreational and medicinal users. Marijuana DUIs are subject to the same penalties as alcohol DUIs—including fines, jail time, and a driver’s license suspension, among others.
- Cultivating Marijuana Outside of a Licensed Facility – While growing marijuana at home could become legal later this year, as of January 2026, it remains against the law. Cultivating marijuana outside of a licensed facility is either a third, second, or first-degree indictable offense depending on the number of plants (or pounds of marijuana) involved. This means that, at a minimum, growing marijuana outside of a licensed facility carries three to five years in prison and a $25,000 fine.
- Distributing Marijuana Outside of a Licensed Facility – While New Jersey law allows individuals over age 21 to gift up to one ounce of marijuana to someone else over age 21, all other forms of unlicensed distribution violate state law. This includes gifting more than one ounce of marijuana or selling any amount of marijuana to anyone of any age. Charges and penalties vary depending on the amount of marijuana involved, with potential charges ranging from fourth-degree to first-degree indictable crimes.
Even though New Jersey is among the states leading the way in marijuana legalization, several marijuana-related crimes continue to exist under state law in 2026. Like all drug crimes, judges in New Jersey take these crimes seriously—and individuals accused of committing marijuana-related crimes need to be prepared to defend themselves by all means available.
Defending against marijuana-related criminal charges in New Jersey starts with engaging an experienced lawyer to represent you. Whether you got caught breaking the law or you are innocent of the allegations against you, there are several important reasons to put an experienced New Jersey drug crime lawyer on your side.
Need to Know More? Contact a New Jersey Drug Crime Lawyer at Helmer, Conley & Kasselman, P.A.
Do you need to know more about New Jersey’s marijuana laws in 2026? If so, we invite you to get in touch. Our lawyers represent individuals charged with all marijuana-related crimes statewide. To schedule a confidential consultation with a New Jersey drug crime lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or tell us how we can reach you online now.
