New Jersey Statutes Annotated Section 39:4-50
Type of DUID Law: Under the Influence
- A person who operates a motor vehicle while under the influence of…[a] narcotic, hallucinogenic or habit-producing drug…or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control…shall be subject….
Type of Drug Prohibited: Any narcotic, hallucinogenic or habit-producing drug
Required Proof:
- Defendant was operating a motor vehicle in New Jersey;
- While operating the motor vehicle, Defendant was under the influence of one of the above-listed drugs; or
- Defendant was an owner of a motor vehicle who permitted someone under the influence of one of the above-listed drugs to operate his/her motor vehicle.
Possible Defenses Allowed by Statute: None found
Marijuana use in vehicle
- New Jersey allows the medicinal use of marijuana by certain registered patients. A registered patient may not smoke marijuana in a private vehicle unless the vehicles is not in operation. N.J.S.A. 24:6I-8(b)
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
