Is it legal to smoke marijuana at the Jersey Shore?
Earlier this year, New Jersey legalized and decriminalized marijuana, ending decades of prohibition. Well, not so fast. While Gov. Phil Murphy said that the states broken and indefensible marijuana laws are no more back in February, theres still a ways to go before New Jersey residents and shore-goers alike can light up completely carefree. Using marijuana or possessing up to six ounces of it (or up to 17 grams of hashish) wont land you in any hot water, legally, provided youre over 21. More than that amount, its considered a fourth-degree crime, which can carry fines and possible jail time. You cant buy legal recreational marijuana right now; the retail system hasnt been set up yet. Here is what you need to know. In a word, no. New Jerseys marijuana laws dont allow public use of marijuana  whether youre smoking or vaporizing it. And its not just marijuana: Many of the same rules  both state and local  prevent you from smoking cigarettes in public places, too, says Ami Kachalia, a campaign strategist with the American Civil Liberties Union of New Jersey. While consequences can vary, the penalty for a first offense is generally a fine, said said New Jersey Attorney Generals Office spokesperson Peter Aseltine. The Smoke-Free Air Act, which Gov. Murphy updated in 2018 to include public beaches and parks, includes a $250 fine for a first offense, $500 for a second, and $1,000 for third and subsequent violations. Police could also confiscate your marijuana, says Chris Goldstein, an activist and regional organizer for the National Organization for the Reform of Marijuana Laws. However, DeVaughn Ward, senior legislative council for the Marijuana Policy Project says theyre not supposed to, because the law doesnt give [police] the ability to search or seize your cannabis.  The states new marijuana laws also let local municipalities pass their own marijuana ordinances. So, many shore towns have banned the public use of marijuana at the beach or boardwalk specifically  or smoking and vaping in general  including Cape May, Ocean City, Sea Isle City, Wildwood Crest, and Seaside Heights. And towns have until late August to pass rules on marijuana use in businesses, so more restrictions may come this summer. There is no ban on consuming cannabis in New Jersey, Ward says: The focus is more on smoking and vaping in public. But some towns have restricted the public consumption of any marijuana products  such as Wildwood Crest and Margate  which would include edibles. So, the answer depends where youre staying. Nope. Doing so violates open container laws, said Aseltine. Jerseys open container laws include a $200 fine for a first offense, followed by a $250 for a second or subsequent violation, or you can be ordered to perform community service. Also, if youre in the drivers seat and the vehicle is on, you could be charged with a DUI, ward says, which carries more severe penalties. If its a beach town, dont think you can go out to your car and light up a joint while youve got the AC running, either, Ward says. The only place you can use marijuana at the shore without risk is on private property: a friends shore house, or your rental or hotel room. But you still need permission. If its private property, then it is up to whoever owns or controls the place, Ward says. Hotels and motels, for example, can allow smoking or vaping marijuana in up to 20% of their rooms at the owners discretion. Owners of shore house rentals, like those you might find on Airbnb, can also decide whether or not to allow smoking. Ask first, Ward says. New Jersey marijuana laws also allow for designated Cannabis Consumption Areas (also known as on-site consumption areas) attached to places that sell legal cannabis once those stores have been set up. Not yet. The states recreational market hasnt been set up yet, and it will likely be months before that changes. And even then: Many shore towns have already banned marijuana businesses within their boundaries, so it still could be tough next summer. Will they allow something safer to be alongside alcohol? Goldstein says. Among people in New Jersey, and the people who visit, marijuana is already part of the fabric of going there.  There are some loopholes. Since marijuana possession has been decriminalized, adults can technically gift it to other adults up to a certain amount, says Ward. Some ad hoc businesses have seized on that by selling snacks or other products alongside a free small amount of marijuana. In June, the state AG Office sent warning letters to companies that allegedly did so. If youre a medical marijuana patient in New Jersey, you still have to follow all the rules above when it comes to using it. Out-of-state medical marijuana patients are out of luck. Technically, the states Jake Honig Compassionate Use Medical Cannabis Act allows visiting patients to buy medical marijuana from state dispensaries (a practice known as reciprocation), but only if they have a recommendation for a New Jersey-based doctor. And, as the NJ Department of Health says that provision is not effective as of yet.  And youre not allowed to bring marijuana into New Jersey from out of state. Dustin McDonald, interim policy director for Americans for Safe Access, says that violates federal interstate drug possession laws, which can result in up to one year in prison and a fine of $1,000 for first-time offenders. Medical marijuana patients, Goldstein adds, are particularly at risk, as police could conduct a DUI investigation once they see your medical marijuana card. Even if youre a registered patient, they could do DUI tests, he says. You will have enough THC in your system [to be charged].  For patients who need to treat their condition with marijuana coming in from out of state, that creates something of a catch-22, McDonald says. Its not an easy answer right now  but at least in New Jersey, the latter likely wont result in charges against you. Youre choosing the lowest punishment, he says. And hopefully, it is monetary and doesnt leave something on your record.  Expert sources:  DeVaughn Ward , JD, senior legislative council for the Marijuana Policy Project. Chris Goldstein , activist and regional organizer for the National Organization for the Reform of Marijuana Laws. Dustin McDonald , interim policy director for Americans for Safe Access. Peter Aseltine, spokesperson for the New Jersey Attorney Generals Office.  READ MORE: Live your best life in Philly: Read our most useful stories here