The State Department of New Jersey considers smoking medical marijuana falls under the definition of “smoking” (Smoke Free Air Act at N.J.S.A. 26:3D-57) and hence is not an exception under the Smoke Free Air Act.

The Department notes that smoking medicinal marijuana falls within the definition of "smoking" as set forth in the Smoke Free Air Act at N.J.S.A. 26:3D-57, and is therefore subject to the provisions of the Smoke Free Air Act.

This means that patients are not legally allowed to:

Use or be under the influence of marijuana while piloting or interacting with any moving equipment such as a car, aircraft, train, or even heavy duty machinery.

Times when it is illegal for a patient to smoke marijuana:

While they are using public transportation or on a school bus.

In a private mode of transportation, unless it is not in movement.

In or on any public setting such as a school property, a correctional facility, or public gathering places such as parks or beaches.

And of course, any area that falls under N.J.S.A. 2C:33-13.