The Marijuana Decriminalization Law, which took effect July 1, 2021, required the expungement of certain marijuana and hashish cases. As a result, the Supreme Court has ordered that thousands of cases be expunged.

An expungement means this case is no longer part of your record.

You do not have to report this case on a job application, housing application, or college application. The case has been removed from the public record and cannot be used to keep you from school, housing, or most jobs.

The courts have expunged the cases of anyone convicted or adjudicated delinquent if your case has only one of these three offenses:

  • N.J.S.A. 2C:35-5(b)(12) – Distribution of marijuana less than 1 ounce or hashish less than 5 grams
  • N.J.S.A. 2C:35-10(a)(3) – Possession of more than 50 grams of marijuana, or more than 5 grams of hashish
  • N.J.S.A. 2C:35-10(a)(4) – Possession of 50 grams or less of marijuana, or 5 grams or less of hashish

The courts have expunged other marijuana and hashish cases as well. If the case included only one of the above offenses AND any of the below offenses, it was expunged:

  • N.J.S.A. 2C:36-2 – Possession of Drug Paraphernalia
  • N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance
  • N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance

The courts also expunged cases that involved attempts to commit and conspiracy to commit any offense listed above.

Attempts and conspiracies to commit these offenses also were expunged according to the July 1, 2021 Supreme Court Order.

The legislation does not require that every case containing a marijuana charge be expunged. If you have questions about your specific case, consider contacting an attorney or Legal Services of New Jersey.

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