Laws – Atlantic City Marijuana News

Navigating New Jersey Roads: Cannabis Laws, DUI Risks, and Traveler Tips

For visitors planning a New Jersey road trip, legal cannabis adds a layer of rules to understand before you get behind the wheel. Recreational cannabis is legal for adults 21+, but the Garden State treats impaired driving seriously, whether the substance is alcohol, cannabis, or anything else.

First, the basics: adults 21+ may legally possess up to six ounces of cannabis or equivalent products for personal use under New Jersey’s CREAMM Act.

Nothing in New Jersey’s cannabis laws changes traditional DUI rules. State regulations make it clear that legalization does not allow driving under the influence or while impaired by cannabis. Under N.J.S.A. 39:4-50, it is illegal to operate a motor vehicle while under the influence of intoxicating liquor, marijuana, or other drugs, and cannabis impairment is treated on par with alcohol-related offenses.

Unlike alcohol’s 0.08% BAC standard, New Jersey has no “per se” THC limit. Officers rely on observed signs of impairment, roadside sobriety tests, blood tests, and drug recognition experts to build a case. That means you can be charged even if you used legally purchased cannabis hours earlier but still appear impaired behind the wheel.

Penalties for a cannabis-related DUI mirror those for alcohol: fines, license suspension, and potential jail time, with harsher consequences for repeat offenses or crashes causing injury. Any noticeable impairment—slowed reaction time, poor coordination, or difficulty focusing—can put a driver at risk for arrest and legal problems.

Open container rules are another trap for visitors. New Jersey’s open container statute, N.J.S.A. 39:4-51b, prohibits all occupants of a vehicle from possessing an open or unsealed alcoholic beverage—and the same rule now extends to “cannabis items.” Any open or partially used cannabis product should be sealed and stored in the trunk or a locked compartment, not in the passenger area. Consuming cannabis in a moving vehicle is illegal whether you are the driver or a passenger.

Be prepared for traffic stops. Courts have held that the general odor of marijuana from a vehicle can provide probable cause for officers to search the car, including locked compartments, under New Jersey’s automobile exception. A strong smell of cannabis, combined with driving errors or visible impairment, can quickly escalate a routine stop into a DUI investigation.

Tourists should also remember that New Jersey law stops at the state line. Transporting cannabis across state lines remains illegal under federal law, even if you are driving from one legal state to another. Flying with cannabis, including through New Jersey airports, also carries federal risk.

Younger visitors face even less flexibility. Adults under 21 cannot legally purchase or possess recreational cannabis, and any DUI involving an under-21 driver can trigger license consequences and court supervision. Medical cannabis authorization, meanwhile, does not excuse impaired driving; the key legal question is whether the driver is actually impaired while operating the vehicle.

If you plan to enjoy cannabis during your visit, the safest plan is simple: separate driving from consumption. Use a designated sober driver, rideshare, taxis, or public transit when consuming. Give yourself plenty of time to sober up—cannabis effects can last several hours, especially with edibles. Check hotel or vacation rental rules, as many treat cannabis like tobacco or may restrict smoking entirely.

Finally, laws evolve. Before you drive, review the latest guidance from New Jersey’s Cannabis Regulatory Commission, and if you run into legal trouble, speak with a New Jersey attorney instead of relying on internet advice. New Jersey welcomes cannabis tourists—but expects everyone on its roads to stay sober, cautious, and informed.