What is the Open Container Law (N.J.S.A. 39:4‑51b) and How Does it Apply to Legalized Marijuana in New Jersey?

The Law Offices of Eric B. Morrell would like to give a warm welcome to students and parents returning to school this fall. Although we hope this transition will be as smooth as possible, our offices would like to make those who are returning to school, and their parents, aware of specific legal issues they may encounter and resources that may benefit your child. Between large social gatherings, the new marijuana laws college students can sometimes run into trouble on campus. The information that we are sharing will ensure that they have a successful college experience. 

While recreational marijuana is legal in New Jersey as of 2021, you must be 21 or over to carry or use it without a valid medical marijuana card. When driving, the laws regarding marijuana become more complex as lawmakers seek to avoid an increase in marijuana-related car accidents. In particular, once recreational marijuana was legalized, New Jersey’s Open Container Law (N.J.S.A. 39:4–51) was amended to include cannabis/marijuana. All students should be cautious as during the pandemic police departments weren't writing many of these violations, however after the pandemic there has been a major increase in these violations being written up. 

While marijuana is now legal in New Jersey you must be 21 and over, to carry a vape, joint, or edible container, but it must be stored in a sealed container as under the new statute of N.J.S.A. 39:4‑51b , it is illegal for any persons in a vehicle in New Jersey to possess an open or unsealed cannabis item. This means that any marijuana package that is intended for smoking or vaping that is not sealed in its original package or is in a glass, cup, bag, or similar container will be in violation of 39:4-51b. The statute applies to all people present in the vehicle, regardless of who owns the vehicle or who is smoking or vaping. Whether you are the driver or a passenger or you smoked or not, having an open cannabis item that is visible or within reach is in violation of 39:4‑51b. 

It is important to consider the serious consequences of this violation, especially as a student, as associated fines could interfere with tight student budgets. A second offense could require community service, which could possibly impact class schedules or housing eligibility. Some universities or financial aid processes might be notified, particularly if referred to court. If you have any questions regarding open container laws, recreational marijuana in vehicles, DWIs, or any New Jersey criminal issue, feel free to contact our offices.

The Law Offices of Eric B. Morrell would like to give a warm welcome to students and parents returning to school this fall. Although we hope this transition will be as smooth as possible, our offices would like to make those who are returning to school, and their parents, aware of specific legal issues they may encounter and resources that may benefit your child. Between large social gatherings, the new marijuana laws college students can sometimes run into trouble on campus. The information that we are sharing will ensure that they have a successful college experience. 

While recreational marijuana is legal in New Jersey as of 2021, you must be 21 or over to carry or use it without a valid medical marijuana card. When driving, the laws regarding marijuana become more complex as lawmakers seek to avoid an increase in marijuana-related car accidents. In particular, once recreational marijuana was legalized, New Jersey’s Open Container Law (N.J.S.A. 39:4–51) was amended to include cannabis/marijuana. All students should be cautious as during the pandemic police departments weren't writing many of these violations, however after the pandemic there has been a major increase in these violations being written up. 

While marijuana is now legal in New Jersey you must be 21 and over, to carry a vape, joint, or edible container, but it must be stored in a sealed container as under the new statute of N.J.S.A. 39:4‑51b , it is illegal for any persons in a vehicle in New Jersey to possess an open or unsealed cannabis item. This means that any marijuana package that is intended for smoking or vaping that is not sealed in its original package or is in a glass, cup, bag, or similar container will be in violation of 39:4-51b. The statute applies to all people present in the vehicle, regardless of who owns the vehicle or who is smoking or vaping. Whether you are the driver or a passenger or you smoked or not, having an open cannabis item that is visible or within reach is in violation of 39:4‑51b. 

It is important to consider the serious consequences of this violation, especially as a student, as associated fines could interfere with tight student budgets. A second offense could require community service, which could possibly impact class schedules or housing eligibility. Some universities or financial aid processes might be notified, particularly if referred to court. If you have any questions regarding open container laws, recreational marijuana in vehicles, DWIs, or any New Jersey criminal issue, feel free to contact our offices.

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