Driving Under the Influence of Marijuana in New Jersey
Medical marijuana was legalized in New Jersey 2010. While a certain segment of our state’s population may now use this drug, absolutely no one is permitted to drive under its influence.
Penalties for Conviction
If you are convicted of or plead guilty to driving under the influence of marijuana, the penalties you face will depend on what, if any, priors you have on your record within the past seven years:
- First offense: Fine between $300 and $500, maximum 30 days in jail, license suspension of seven months to one year
- Second offense: $500 to $1,000 fine, maximum 90 days in jail, 30 days of community service, license suspension for two years
- Third offense: $1,000 fine, maximum of 180 days in jail (90 days may be served in an alcohol or drug rehabilitation facility), license suspension of 10 years, possibility of an ignition interlock device
Threshold for an Arrest
Driving under the influence of marijuana is unique from a DWI involving alcohol in that there is a very low threshold for intoxication. In order to be arrested for a DWI involving alcohol, the driver’s blood alcohol concentration must be at or above the legal limit of .08. On the other hand, any trace of THC (a chemical found in marijuana) in the driver’s bloodstream is grounds for an arrest.