Unlawful possession of cannabis is classified as which degree of crime?

• A. Third-Degree Crime
• B. Fourth-Degree Crime
• C. Misdemeanor
• D. First-Degree Crime

Answer: (B)

New Jersey classifies most offenses by degree, with a fourth-degree crime sitting above the level of a misdemeanor in severity but below a third-degree offense. Unlawful possession of cannabis is charged as a fourth-degree crime because it is a criminal act that isn’t allowed under the statute, but it isn’t among the more serious felony-level offenses. This reflects the idea that simply possessing cannabis unlawfully is more serious than a minimal offense, yet less severe than higher-degree crimes that involve larger quantities or additional aggravating factors. If possession were within legally permitted limits (such as under a program or through authorized use), it wouldn’t be unlawful, and the charge would not apply.