Can New Yorkers Buy Legal Weed In New Jersey Now?

NEW YORK CITY — New Jersey's legal weed law is poised to turn New Yorkers into the Bridge and Smuggle crowd, some experts say.

Recreational marijuana sales in the Garden State officially spark up Thursday and while New Yorkers are free to buy it, they can't bring it back to the state.

"It’s a little bit of a ‘don’t ask, don’t tell,'" said cannabis law attorney Michael McQueeny. "The wink and the nod to all of this is the reality is not likely going to be the case.”

McQueeny, of the firm Foley Hoag, argues this legal buzzkill is unlikely to stop New Yorkers from ferrying weed into the city, noting even New Jersey officials acknowledge much of their sales will come from "tourism consumers."

The New Jersey Cannabis Regulatory Commission confirmed to Patch that New Yorkers with government IDs can purchase up to an ounce of recreational weed, but, "[To] carry cannabis across state lines is still illegal."

The new sales rule may have missed the cannabis-friendly 4/20 holiday by one day, but it pushes New Jersey far ahead of New York, where weed is legalized but adult-use sales await miles of bureaucratic red tape.

So while everything is legal in New Jersey, as the musical "Hamilton" hyperbolically puts it, what does this mean for New York City's potheads?

Let's get deep into the (legal) weeds.

What are the basic laws over legal weed in New Jersey?

Recreational marijuana sales begin Thursday for people 21 and older without a medical pot card.

So far, there are 13 locations approved for both adult-use sales and medical marijuana. Click here to see a list.

Adults can purchase up to 1 ounce of usable cannabis.

McQueeny, however, points out that medical marijuana patients will get priority for sales. Indeed, the current facilities where weed will be sold started with medical cannabis, he said.

New York City bud tourists shouldn't be surprised if they see medical marijuana users "cut" the line, or if there's less weed available than they like, McQueeny said.

“It’s not because there’s a shortage, but it’s because these facilities need to prioritize their inventory for medical patients,” he said.

“Go easy on your budtender, go easy on your business."

Where can I use weed in New Jersey?

The answer is here is a bit hazy.

Many towns have adopted ordinances that set restrictions on where marijuana can be consumed, McQueeny said.

Customers are also restricted from using cannabis in dispensaries or their parking lots, he said.

Said McQueeny, “It’s a little bit of a whack-a-mole."

So, if it's hard to figure out where to use in New Jersey, why not take it to New York City?

Again, although New York legalized recreational weed, it's still arguably illegal under federal law to transport legal New Jersey cannabis across state lines.

The real question, however, is whether law enforcement cares enough to bust people for doing so.

“Arguably it’s a violation of federal law, but we all know there’s not going to be DEA and federal agents manning every bridge and tunnel,” McQueeny said.

The situation will remain "let the buyer beware" until New York authorizes weed sales within its borders.

Yeah, when is New York going to catch up to New Jersey?

Let's face it: weed isn't hard to come by in New York City.

The question is how New York state officials convert this thriving illicit market into a legal one, McQueeny said. The state's new Cannabis Control Board is steadily moving forward on setting rules for legal weed, he said.

“I think New York is certainly picking up the pace, but I think New York is doing it their own way and what they see as the right way,” he said.

Board members have recently created a new application process for sellers, drafted regulations on retail licenses and moved to allow hemp cultivators to apply for adult-use licenses.

Those all sound like bureaucratic red tape steps — and they are — but each one takes New York closer to legal sales, McQueeny said.

And the fact that New Jersey next door is now selling recreational marijuana is only going to increase the pressure on New York to speed up, he said.

Said McQueeny, “I think the best part of New York and New Jersey is this healthy rivalry."