Changes to Law
On February 22, 2021, NJ Governor Murphy enacted the “NJ Cannabis Regulatory, Enforcement the Assistance, and Marketplace Modernization Act” (CREAMMA), which immediately decriminalized the possession (up to six ounces) and recreational use of regulated cannabis (marijuana) and hashish for individuals 21 years of age and over, in the state of New Jersey. This legislation also reduced several penalties, which had been previously associated with the underage possession or use of cannabis.
CREAMMA is a NJ state law, and TCNJ is still subject to numerous federal laws, which continue to prohibit the use and possession of cannabis on TCNJ campus. Cannabis remains illegal as a schedule I controlled dangerous substance under federal Controlled Substance Act. Therefore, The College has determined that due to requirements as a recipient of federal funds, the possession, use, manufacture, cultivation, dissemination, and storage of recreational or medicinal cannabis in any form, is prohibited on-campus inclusive of those properties owned or controlled by TCNJ or at College-sponsored activities and events.
Since the use and possession of cannabis, including medical cannabis, will continue to be prohibited on campus due to provisions in the Drug-Free Schools and Communities Act, as well as the Drug-Free Workplace Act of 1988, many of the relevant policies will remain unchanged despite the passing of CREAMMA.
Cannabis Remains Prohibited On-Campus or at College-Sponsored Activities
The Federal Drug-Free Schools and Communities Act requires The College of New Jersey to establish and maintain policies that address unlawful possession, use, or distribution of alcohol, illicit drugs, and controlled substances, as defined by federal law. Under federal law, cannabis is considered a controlled substance.
Accordingly, TCNJ policy continues to prohibit possession and use of cannabis in any form, including recreational cannabis and medical cannabis, on TCNJ premises or at College-sponsored activities under any circumstances. This includes possession or use of cannabis at College-sponsored activities that occur off-campus.
“TCNJ/College premises” includes residence halls, Campus Town and any other buildings or grounds owned, leased, operated, controlled, or managed by The College.
The TCNJ Student Conduct Code and other relevant TCNJ policies prohibit the unauthorized use, production, manufacture or possession of any controlled substance or illegal drug on campus or at College-sponsored activities. The possession or use of drug paraphernalia is also prohibited in TCNJ residence halls.
The TCNJ Campus Police Services (CPS) will continue enforcing this policy on campus, and Community Advisors will also document observed behavior. Those who violate these campus policies face disciplinary action that could impact their standing at the College.
Possession and Use of Cannabis Off-Campus Outside of College-Sponsored Activities
Under New Jersey law, personal possession and use of cannabis is limited to those over the age of 21 and only under limited circumstances. Refer to the Frequently Asked Questions and New Jersey Cannabis Regulatory Commission website for additional information.
Support and Resources
Our campus has resources to support you if you have concerns about substance use.
- Alcohol and Other Drug Support Services
- Counseling and Prevention Services (CAPS)
- TCNJ Cares Program
- New Jersey Cannabis Regulatory Commission
Cannabis Related Frequently Asked Questions
When does the cannabis law change take effect?
The new State law regarding Adult-Use Cannabis Legalization took effect on February 22, 2021.
Will cannabis/hashish be permitted on-campus?
No. Even if legally obtained under state law, the possession, use, manufacture, cultivation, dissemination, and storage of recreational or medicinal cannabis in any form, is prohibited on-campus by TCNJ policy and federal law. Under the federal Controlled Substance Act, cannabis (marijuana) is still a controlled dangerous substance (or Schedule I drug).
Why doesn’t the change in State of New Jersey law affect TCNJ policy on campus or at College-sponsored activities?
The federal Drug-Free Schools and Communities Act requires The College of New Jersey to establish and maintain policies that address unlawful possession, use, or distribution of alcohol, illicit drugs and controlled substances. Under federal law, cannabis is considered a controlled substance; therefore, cannabis is not permitted on campus or at College-sponsored activities under any circumstances.
Why does The College of New Jersey follow federal law when it conflicts with state law?
The College receives federal funding to support a wide range of programs including federal work-study and student financial aid. Failure to abide by federal law and regulations would jeopardize these federally-funded programs.
What if I have a medical recommendation for medical cannabis, often referred to as “medical marijuana?”
A medical recommendation for medical cannabis does not exempt you from TCNJ policy or the policies and regulations in the Guide to Residence Living (if you live on campus). Even if legally obtained under state law, all forms of cannabis use and possession are prohibited on campus or at College-sponsored activities. You should consult with your personal health care provider regarding alternatives and other considerations for when you’re on campus.
What happens if I’m found using or in possession of cannabis on campus or at College-sponsored activities?
In general, reports of suspected possession or use of cannabis on campus or at College-sponsored activities by students/recognized student organizations are reported to The Office of Student Conduct & Off-Campus Services (sometimes also including TCNJ Campus Police Services and/or Residential Education and Housing) and will be reviewed and addressed by the Office of Student Conduct & Off-Campus Services or Residential Education and Housing, for students who live on campus.
What can I do if I have concerns for myself or for a friend related to substance use?
The health and safety of TCNJ students is of paramount concern. If an individual needs immediate medical assistance, please contact either 911 or TCNJ Campus Police Services at 609-771-2345.
Students who call for medical assistance for themselves or others regarding use of alcohol or cannabis are protected by our Amnesty policy.
If a student(s) or organization is concerned for the safety and well-being of a student who has consumed alcohol or drugs and call to get that student help the College will not charge with a violation under the Student Conduct Code or Recognized Student Organization Rights and Responsibilities Policy if the following occur:
- The student(s)/Organization call for help to 911, Campus Police, staff member from Residential Education or Campus Town.
- The students/Organization remain on scene with the student getting help
- The students/organization are helpful to responders including providing any information they may have regarding the student’s consumption of alcohol/drugs or other relevant information.
- Amnesty applies to both the student who received help as well as the caller(s). Students/Organizations that qualify for Amnesty will be required to complete an education program assigned by the College but will not face conduct charges.
- Typically students who are transported will have a “return to campus” meeting scheduled for the first business day following the incident. During that meeting, the Director of Student Conduct, Director of Residential Education, or other administrator will determine if the student qualifies for amnesty on campus.
- If the student has been issued a citation/summons from police, it will be determined in court if the incident qualifies under the NJ 911 Lifeline Legislation (P.L. 2009, c.133). This process is separate from the College’s Amnesty process.
Other, non-emergency, campus resources are:
- Alcohol and Other Drug Support Services
- Counseling and Prevention Services (CAPS)
- TCNJ Cares Program
- TCNJ Residential Education and Housing (e.g. Community Advisor, Residence Director)
Where can I find additional information about the changes to New Jersey state laws related to Adult-Use Cannabis Legalization?
- New Jersey Cannabis Regulatory Commission
- New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act
Can I use cannabis or hashish if I live off-campus?
Cannabis is prohibited on-campus and at TCNJ events and activities. If you choose to use cannabis off-campus, you are responsible for determining where and under what circumstances it is legal and safe to do so.
Can TCNJ prohibit me from engaging in conduct that is permissible under state law?
Yes. Like alcohol, tobacco and other controlled substances that may be permissible under state law but are restricted by TCNJ policies, TCNJ will not permit the possession, use, manufacture, cultivation, dissemination, or storage of recreational or medicinal cannabis on university property. As a higher education institution, property owner, and recipient of federal funds, TCNJ has not only the authority, but the legal obligation to prohibit cannabis on-campus and at university events.
If I live in Campus Town and am over 21, can I have cannabis on campus?
No, cannabis and paraphernalia are prohibited on campus. Campus Town is smoke-free, which includes tobacco and cannabis products.
More Questions?
If you have questions about the use of cannabis, its prohibited possession or use on campus, or other implications of State law changes, please contact the Office of Student Conduct & Off-Campus Services. Questions about substance use may be referred to Alcohol and Other Drug Support Services.