Credit: (AP Photo/Mark Lennihan)More than 17 months after New Jerseyans voted to approve adult recreational-use cannabis, legal sales are beginning Thursday.
During that time between the ballot question and now, lawmakers and Gov. Phil Murphy spelled out what’s permitted and what isn’t, including possessing large amounts of marijuana and distributing relatively small amounts without a license.
Still, there are a number of questions remaining.
Darren Gelber, secretary of the criminal law section of the New Jersey State Bar Association, said that in general, those planning to partake in cannabis should think of it as they would alcohol.
“If you can’t do it with alcohol, odds are you’re not able to do it with cannabis,” said Gelber, a partner at the law firm Wilentz.
Other questions remain about marijuana use and employment. The law prohibits an employer from refusing to hire an individual who uses legal marijuana, but using the drug while on the job could get them fired. Employers can perform drug testing, but that could prove problematic given that traces of marijuana use can be detected in the body days or weeks after use. The Cannabis Regulatory Commission is charged with developing a certification program to train people to detect an employee’s use of cannabis and gauge how impaired they are.
Questions and answers
While these and other issues are being worked out, here is a summary of what the laws permit and prohibit.
Question: What is “adult-use cannabis”?
Answer: This is the legal term for recreational cannabis. People must be 21 and over to purchase recreational cannabis products.
Q: Where can I legally buy marijuana?
A: So far only specific dispensaries already licensed to sell medical marijuana will also be allowed to sell recreational cannabis products. You can find those dispensaries on this map.
Q: How will adult-use sales work?
A: Most dispensaries are expected to have long lines on opening day and potentially through the weekend. Customers need a valid government-issued ID to buy cannabis products. Dispensaries should have two separate sale lines — one for people with medical marijuana cards, the other for recreational-use products.
Q: How much can I buy at one time?
A: One ounce of dried flower; 5 grams of concentrates, oils or resins; or 1,000 milligrams of ingestible products like gummies. That is also the limit for people to possess legally sold marijuana products. While the words “cannabis” and “marijuana” are used interchangeably, the Cannabis Regulatory Commission has made a legal distinction between the two. “Cannabis” is what can be legally purchased in New Jersey, while “marijuana” is the name of the product sold illegally. Possession of up to 6 ounces of marijuana has been decriminalized in New Jersey.
Q: Can I bring the legal pot I buy across state lines?
A: No.
Q: What can be purchased in stores?
A: Dried marijuana flower, oil or concentrates, tinctures, oral lozenges, topical formulations. Traditional edibles like baked goods are not allowed at this time.
Q: How often can a customer legally buy 1 ounce of cannabis products?
A: Only 1 ounce is allowed per transaction. It is not immediately clear how dispensaries or the state will track if customers have purchased more than 1 ounce of cannabis product in a day. The Cannabis Regulatory Commission said in an email to NJ Spotlight News that while people can go from place to place to purchase products, the legal limit to possess legally purchased cannabis is 1 ounce.
Q: Can people smoke pot in public?
A: No. Just as drinking alcohol on a public street is not permitted, neither is smoking cannabis. But smoking pot is also prohibited anywhere smoking cigarettes would be, such as at a bar where alcohol is permitted. Some advocates are pushing for smoking lounges in New Jersey. For now, people should only use cannabis in a location where they know it is allowed. “By and large, you are most protected if you use it inside a private residence,” Gelber said.
Q: Can people grow their own marijuana?
A: No. This applies to both medical and recreational users.
Q: Can people use marijuana and drive?
A: No. Impaired driving is illegal as it is with alcohol and certain drugs. However, there is no single test such as a Breathalyzer that can quickly and reliably determine whether a person is driving impaired by the drug. Criteria for impaired driving may wind up being worked out in the courts.
Q: Will marijuana be sold at other places besides the medical dispensaries?
A: Not yet. The Cannabis Regulatory Commission is still working out how licensing will work. Experts estimate it will be about a year based on the experiences of other states selling recreational cannabis.
For more information on the safe consumption of cannabis, visit the Cannabis Regulatory Commission’s website.
— Colleen O’Dea and Genesis Obando contributed to this story.


