Underage Drinking And Cannabis
N.J.S.A. 2C:33-15 — written warnings and referrals, and no consent searches of the underage
In New Jersey, a person under the legal age who knowingly possesses or drinks alcohol, or possesses or uses cannabis, marijuana or hashish, in a school, public place, public conveyance or motor vehicle, gets a written warning for a first violation, a second written warning for a second, and a write-up for a third or later, with referrals to community services. A parent or guardian of someone under 18 is notified.
No consent searches, and odor is not enough. A person under the legal age cannot give lawful consent to a search for such a violation, and an officer may not ask for it. The odor of alcohol, marijuana, hashish or cannabis, burnt or not, is not reasonable suspicion for a stop or probable cause for a search for it.
Not taking up a referral to community services does not lead to any summons or court action.
Sources for this section (1)
- N.J.S.A. 2C:33-15 — Underage possession or consumption of alcohol or cannabis
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.