It is a good idea to educate yourself on drug and alcohol laws before visiting or moving to a state. If you already live in, or plan on moving to or visiting New Jersey, you’ll want to know the answers to these questions:

  • What are the DUI laws in New Jersey?
  • What are the Zero Tolerance laws in New Jersey?
  • What are the marijuana laws in New Jersey?
  • What are drug and alcohol-related crimes in New Jersey?

You should know the answers to all of these questions, as well as the penalties that result from breaking these laws. Keep reading for the answers to all your New Jersey drug law questions:

DUI Laws in New Jersey

Drivers in New Jersey cannot operate a vehicle while under the influence of alcohol, hallucinogens, narcotics, or other mind-altering or motor control-impeding substances. Under the influence means being mentally or physically altered by these substances enough to affect your ability to drive safely.

In New Jersey, you are ‘under the influence’ if you have a blood alcohol content (BAC) of .08% or higher. You can also get a DUI in New Jersey if you allow someone who is under the influence to drive your car.

Zero Tolerance Laws for New Jersey

New Jersey, like many other states, has a zero tolerance policy when it comes to underage drinkers who drive under the influence. The threshold for underage drivers is a BAC of .01%, rather than .08% for people over the age of 21.

This means that if you are under 21 and have just 1 drink before driving in New Jersey, you could get a DUI. The penalties for underage DUIs in New Jersey might differ from those for people over the age of 21.

Is Marijuana Legal in New Jersey?

Marijuana is not legal in New Jersey, except for medical marijuana. Lawmakers are pushing to decriminalize and legalize pot, as states across the country have done in the past decade.

For now, however, recreational pot remains illegal in New Jersey. This means that the following are against the law:

  • Possessing marijuana
  • Smoking or eating marijuana
  • Bringing cannabis near school property
  • Growing pot
  • Selling or distributing marijuana

You should always check to see the latest updates about marijuana laws in New Jersey. Laws can change quickly and decriminalization is likely in the near future.

Drug and Alcohol Related Crimes

Drug crime in New Jersey includes:

  • Possession of illegal drugs
  • Making illegal drugs
  • Selling illegal drugs
  • Driving after using drugs

Alcohol-related crime in New Jersey includes:

  • Underage drinking
  • Drunk driving
  • Transporting alcohol while underage
  • Driving with alcohol that is not in a sealed container

Penalties for Drug or Alcohol Abuse in New Jersey

If you break drug or alcohol laws in New Jersey, you will face penalties. These include:

DUI Penalties in NJ

If you are over the age of 21 and you get a DUI in New Jersey, you will face the following penalties:

  • 1st offense: Up to 30 days in jail, up to $500 fine, up to 12 months license suspension, attending 12-48 hours of DUI education course.
  • 2nd offense: Up to 90 days in jail, up to $1,000 fine, complete DUI course, 2-year license suspension, 30 days community service.
  • 3rd offense: 180 days in jail, $1,000 fine, complete DUI course, 10-year license suspension, up to 90 days community service.

In addition to these penalties, further penalties might occur if there is a passenger who is under 18 or if the offense happens in a school zone.

Zero Tolerance Penalties in NJ

If you get a DUI and you are under the age of 21 in NJ, you could face the following penalties:

  • First offense: Up to 90 days license suspension, community service for up to 30 days, DUI course participation.
  • Second offense: Up to a year in jail, up to $2,000 fine, up to 2 year license suspension.

Cannabis Penalties in NJ

Marijuana laws in NJ vary depending on the offense. They are as follows:


  • Under 50 grams: Up to 6 months in jail, $1,000 fine, 100 hours of community service. Bigger fine if in a school zone.
  • More than 50 grams: Felony charge, up to 18 months in jail and a $25,000 fine.


  • Less than 1 oz: 18 months in jail, $25,000 fine.
  • 1 oz – 5 lbs: 3-5 years in prison, $25,000 fine.
  • 5-25 lbs: 5-10 years in prison, $150,000 fine
  • 25 lbs+: 10-20 years in prison, $300,000 fine.

Drug laws change fast. You should always check with a lawyer to make sure your information is up-to-date.

Get Treatment for Drug and Alcohol Abuse in NJ

If you are worried about penalties for drug and alcohol crime, you might be in need of substance abuse treatment. Call Rehab Adviser to help start your path to recovery today.



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