Legally Speaking by Cassandra Savoy, Esq. OP/ED
Many people have mixed emotions about the decriminalization of marijuana. On one hand, too many young men, in particular are prosecuted for possession of even small quantities. On the other hand, maybe marijuana is a gateway drug to stronger, more debilitating drugs and should be barred. Regardless of your position, as of February 22, 2021, the State of New Jersey decriminalized marijuana creating a two-tier framework.
Legal amounts of Marijuana
Possession of the following quantities of marijuana are no longer considered a violation of the law:
· Simple possession of 5 ounces or less of marijuana
· Simple possession of 17 grams or less of hashish
· Being under the influence of marijuana or hashish
· Failure to properly dispose of marijuana or hashish
· Possession of paraphernalia for marijuana or hashish
· Possession of marijuana or hashish while operating a motor vehicle.
Consistent with the revised amounts that you can legally possess, the law creates a new framework for individuals you distribute 1 ounce or less of marijuana or 5 grams or less of hashish.
First offense: Officers shall issue a written warning to individuals for their first offense. However, to date, law enforcement agencies have not created the mechanisms to track the issuance of warnings.
Second Offense: Second offenses and those thereafter will be subject to a complaint-summons for a fourth-degree crime. Under the new law, the prohibitions against distribute of marijuana also apply to possession with intent to distribute marijuana.
Under the new law, the police can no longer detain, arrest or otherwise take into custody a person for violating certain marijuana or hashish offenses:
· Simple possession of more than 6 ounces of marijuana
· Simple possession of more than 17 grams of hashish
· Distribution of 1 ounce or less of marijuana
· Distribution of 5 grams or less of hashish
Instead, the police must collect the person’s personal information and process them accordingly. All four of these offenses are crimes of the fourth degree, except when it is the person’s first offense. The police shall process the person with a complaint-summons rather than a complaint-warrant. The difference between a complaint summons and a complaint warrant is that with the summons, you get to spend the night in your own bed. With a complaint-warrant, you spend the night at the County.
This is legal news you really what you need to know. The odor of marijuana or hashish, either burnt or raw, by itself no longer establishes “reasonable articulable suspicion” to initiate a stop, OR TO SEARCH A PERSON OR THE PERSON’S CAR to determine a violation of a possession offense or a fourth-degree distribution offense.
Be sure to read Part 2 of my explanation of the decriminalization of marijuana law.
