›› New Jersey: Alcohol-Related Laws

• (Total Laws: 27 of 39)
  Sobriety Checkpoints, Felony DUI, Dram Shop, Fake ID, Graduated Drivers Licensing, Social Host, Happy Hour, Habitual Traffic Offender, Ignition Interlock, Penalties for Test Refusal Greater than Test Failure, Illegal Per Se, Mandatory Jail 2nd Offense, Mandatory Alcohol Education, Mandatory BAC Testing for Offenders who are Killed, Mandatory BAC Testing for DUI Offenders who Survive, Open Container Law that is TEA-21 Compliant, Plate Sanctions, Primary Belt Law, TEA-21 Compliant for Repeat Offenders, Vehicular Homicide, Victim Rights Constitutional Amendment, Youth Attempt at Purchase, Youth Consumption of Alcohol, Child Endangerment, Youth Purchase, Selling Alcohol to Youth, Zero Tolerance,

• Marijuana Laws *
  

  Incarceration Fine Possession 50 g or less misdemeanor 6 months $1,000 More than 50 g felony 18 months $25,000 Within 1,000 feet of school misdemeanor additional minimum 100 hours community service depends on quantity Cultivation Less than 1 oz felony 18 months $10,000 1 oz to 5 lbs felony 3 - 5 years $25,000 5 to 25 lbs (or 10 to 50 plants) felony 5 - 10 years $150,000 More than 25 lbs (or more than 50 plants) felony 10 - 20 years $300,000 Sale Less than 1 oz misdemeanor 1 year $150,000 1 oz or more felony 3 years $150,000 Within 1,000 feet of school property or school bus felony at least 1/3 - 1/2 of total sentence* $150,000 Less than 1 oz within 500 feet of public housing or specified public areas felony additional 3 - 5 years $15,000 1 oz or more within 500 feet of public housing or specified public areas felony additional 5 - 10 years $150,000 To minors or pregnant females felony double penalty double penalty *Mandatory minimum sentence. Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia possession or use misdemeanor 6 months $1,000 Paraphernalia sale felony 18 months $10,000 Paraphernalia sale to a person under 18 years felony 3 -5 years $15,000 Details Possession of 50 grams or less of marijuana or being under the influence of marijuana is a disorderly persons offense, punishable by up to six months in jail and a fine of up to $1,000. Possession of greater than 50 grams is punishable by up to 18 month in jail and a fine of up to $25,000. Any possession within 1,000 feet of a school adds an additional 100 hours or more of community service to the sentence. Manufacture or distribution of less than one ounce of marijuana is punishable by up to 18 months in jail and a fine up to $10,000. For amounts of one ounce or more, the penalty increases to 3 - 5 years in prison and a fine up to $25,000. Manufacture or sale of five pounds or more or cultivation of 10 - 50 plants is punishable by 5 - 10 years in prison and a fine up to $150,000. For amounts of 25 pounds or greater, or cultivation of greater than 50 plants, the penalties increase to 10 - 20 years in prison and a fine up to $300,000. Sale or distribution of marijuana within 1,000 feet of school property or on a school bus adds the imposition of a minimum sentence. For less than one ounce of marijuana, the minimum sentence imposed is between one-third and one-half of the total sentence or one year, whichever is greater. For one ounce or more, the minimum sentence imposed is between one-third and one-half of the total sentence or three years, whichever is greater. An additional fine of up to $150,000 may also be imposed for these violations. Sale or distribution of marijuana within 500 feet of public housing, a public park or a public building increases the possible penalties. For sale of less than one ounce, the penalty increases by 3 - 5 years in prison and a fine up to $15,000. Sale or distribution in these zones of one ounce or more is punishable by 5 - 10 years in prison and a fine up to $150,000. Distribution to minors or pregnant females increases the penalty to twice the possible sentence. Use or possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Distribution of paraphernalia is punishable by up to 18 months in jail and a fine up to $10,000. Any distribution of paraphernalia to a person under 18 years of age is punishable by 3 - 5 years in prison and a fine up to $15,000. Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.   * Data provided by NORML