On February 22, 2021 New Jersey Governor, Phil Murphy signed three bills which changed marijuana legislation. These laws went into immediate effect and seek to decriminalize cannabis and loosen penalties for possession. The framework features a two-pronged approach which provides guidelines for regulated cannabis; and marijuana and hashish and is as follows:
Regulated Cannabis: When the substance is bought, sold, and used under certain conditions, it is treated as “regulated cannabis” and fully legal in New Jersey. As a practical matter, however, regulated cannabis will not be available in the State for several months until a new government body, the Cannabis Regulatory Commission, issues rules governing its use.
Marijuana and hashish: All forms of the substance that are not regulated cannabis or medical cannabis are treated as “marijuana” or “hashish.” Under the new laws, marijuana and hashish are still defined as “controlled dangerous substances” under N.J.S.A. 2C:35-2 but are largely decriminalized for non-distribution offenses. The laws eliminate existing prohibitions and create new, more lenient penalties for possession and distribution that remain tiered based on weight. Click here to read more at www.njoag.gov.
The following is the Attorney General’s February 22, 2021 Directive concerning those guidelines for pending marijuana charges. “State, county, and municipal prosecutors to dismiss charges pending as of February 22, 2021 for any marijuana offense that is no longer illegal under state law.” Those charges include:
2C:35-5(b)(12) Distribution of marijuana or hashish;
2C:35-10(a)(3) Possession of marijuana or hashish;
2C:35-10(A)(4) Possession of marijuana or hashish;
2C:35-10(b) Under the influence – only when the individual was under the influence of marijuana or hashish;
2C:35-10(c) Failure to properly dispose CDS – only when the individual fails to dispose of marijuana or hashish;
2C:36-2 Possession of drug paraphernalia when the paraphernalia was used, or was possessed with intent to be used, to ingest, inhale or otherwise introduce marijuana or hashish into the body;
2C:36A-1 Any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to this section;
39:4-49.1 Possession of CDS in a vehicle – but only when the individual is in possession of marijuana or hashish in the vehicle.
The new law also sets limitations on the way law enforcement agencies and officials handle interactions with the public, specifically individuals under the age of 21.
What happens when a law enforcement officer encounters an individual under the age of 21 who is in possession of marijuana, hashish, cannabis, or alcohol?
Law enforcement officers must be cautious when they encounter an individual under the age of 21 who is in possession of marijuana, hashish, cannabis, or alcohol. The officer can seize the marijuana, hashish, cannabis, and alcohol and issue the appropriate written warning. However, the new law also sets forth the following prohibitions on officers when investigating possession or consumption of marijuana, hashish, cannabis, or alcohol by an underage individual to determine a violation of N.J.S.A. 2C:33-15:
- Officers may not request consent from an individual who is under the age of 21;
- Officers may not use odor of marijuana to stop an individual who is under the age of 21 or to search the individual’s personal property or vehicle;
- Officers who observe marijuana in plain view will not be able to search the individual or the individual’s personal property or vehicle.
- Officers may not arrest, detain, or otherwise take an individual under the age of 21 into custody for a violation of N.J.S.A. 2C:33-15 except to the extent required to issue a written warning or provide notice of a violation to a parent/guardian. Click here to read more at www.nj.gov.
What happens when a law enforcement officer encounters an individual under the age of 18 who is in possession of marijuana, hashish, cannabis, or alcohol?
For a first violation, If an individual under the age of 18 is found to be in possession of marijuana, that individual will be written a warning. The warning will contain the individual’s name, address, and date of birth and a sworn statement and description of relevant facts and circumstances that support the officer’s determination. The written warning will not be provided to the individual’s parent or guardian for a first violation. Click here to read more at www.nj.gov.
For a second violation, for a juvenile, that individual will be written a warning for a second violation. The warning will contain the individual’s name, address, and date of birth and a sworn statement and description of relevant facts and circumstances that support the officer’s determination. A copy of the written warning will be provided to the individual’s parent or guardian. Click here to read more at www.nj.gov.
For a third violation, for a juvenile, a law enforcement officer will provide a write-up indicating that third violation (based on a probable cause finding) which will include a civil penalty of a fine of $50 regardless of the individual’s ability to pay same, or the option to complete community service in lieu of the fine. A written notification of the third violation will be provided to the individual’s parent or guardian. Click here to read more at www.nj.gov.
If you are charged with distribution of marijuana, or any marijuana-related offense, you should contact an attorney to ensure that your rights are protected in court. Alissa D. Hascup is skilled and experienced at defending thousands of marijuana related cases throughout New Jersey. Contact her office for a free consultation about your case. She is available 24/7 at 862-257-1200.
