Official Site of The State of New Jersey
Cannabis and driving in New Jersey
Driving requires focus, coordination, and quick decision-making. Cannabis can interfere with these abilities. In New Jersey, driving under the influence of cannabis is illegal, even though cannabis itself is legal for adults 21 and older.
How cannabis impairs driving
Cannabis affects the brain and body through Tetrahydrocannabinol (THC), the main psychoactive compound in cannabis. THC can impact the skills drivers rely on every time they get behind the wheel.
Cannabis impairment may cause:
- Slower reaction time: Drivers may take longer to respond to sudden changes on the road.
- Reduced coordination and motor control: THC can affect movement, balance, and physical control needed for steering and braking.
- Difficulty concentrating: Drivers may struggle to focus on multiple tasks at once, such as traffic signals, pedestrians, and other vehicles.
- Poor judgment and decision-making: Cannabis can alter perception and impair a driver’s ability to judge distance or speed.
- Altered perception: Depth perception and awareness of surroundings may be distorted.
Even when impairment feels mild, these changes can make driving dangerous.
Cannabis and the Law in New Jersey
Under New Jersey law, it is illegal to drive under the influence of any intoxicating substance. This applies regardless of whether cannabis is used for recreational or medical purposes. If a driver is impaired while operating a vehicle, they can be charged with driving under the influence (DUI).
Cannabis DUIs are prosecuted under the same statute as alcohol DUIs: N.J.S.A. 39:4-50.
Law enforcement officers may use trained Drug Recognition Experts (DREs) and other evidence to determine whether a driver is impaired by drugs.
Consequences of driving under the influence of cannabis
Operating a vehicle while impaired puts your safety and the safety of others at risk and can lead to serious consequences. Penalties for drug-related DUIs are similar to alcohol-related DUI penalties in New Jersey.
First Offense
License loss 7 months – 1 year
Monetary consequences:
- $300–$500 fine
- $230 Intoxicated Driver Resource Center (IDRC) fee
- $100 Drunk Driving Fund fee
- $100 Alcohol Education and Rehabilitation Fund (AERF) fee
- $75 Safe Neighborhood Services Fund fee
- $1,000 insurance surcharge per year for three years
Additional consequences:
- Up to 30 days in jail
- 12–48 hours of the IDRC program
Second Offense (if within 10 years of first offense)
Possible penalties include:
- License loss for up to 2 years
- Prison term of between 48 hours and 90 days
- Intoxicated Driver Resource Center (IDRC) program
Monetary consequences:
- $500–$1,000 fine
- 48 hours–90 days in jail
- 30 days of community service
- Required IDRC participation
- Insurance surcharges (up to $1,000 per year)
Third Offense (if within 10 years of the first offense)
Possible penalties include:
- License loss for up to 10 years
- Prison term of 180 days
- 30 days community service
- 12–48 hours Intoxicated Driver Resource Center (IDRC) program
- Ignition interlock device during license suspension and 1-3 years following restoration
Monetary consequences:
- $1,000 fine
- $280 IDRC* fee
- $100 to Drunk Driving Fund
- $100 donation to the AERF
- $1,500 per year (for 3 years) insurance surcharge
- $75 to Neighborhood Services Fund
Other Consequences of a DUI
A DUI conviction can affect more than your driving privileges. Possible impacts include:
- Imprisonment
- Loss of employment opportunities
- Financial penalties and court costs
- Mandatory education or treatment programs
Make a plan before you use cannabis
If you plan to use cannabis, plan a safe ride home. Options include:
- A sober designated driver
- Rideshare services
- Public transportation
- Walking or other safe alternatives
Driving under the influence of cannabis is never safe. Never drive high.
Disclaimer
This information is provided for general understanding and is not intended to serve as legal advice. For guidance tailored to your specific situation, we recommend consulting your own legal counsel.
