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NJ Attorney General Asks Prosecutors For Dismissal Of Low Level Marijuana Offenders

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On Wednesday, Attorney General Gurbir Grewal asked prosecutors to halt all low-level marijuana cases until at least January 25, 2021, as lawmakers continue to debate a bill to legalize adult- use cannabis use for New Jersey.

In a statement to all municipal and county prosecutors, and prosecutor liaison's, low-level cases include adults and juveniles charged with possession, being under the influence of marijuana, or having marijuana while driving, amongst other charges. The statement does not include offenders of distribution.

Additionally, Grewal suggested prosecutors "use their discretion" with people facing additional charges on top of low-level marijuana offenses by asking for either a postponement or dismissal. Unfortunately, the lack of directive put the onus on the courts and police departments by looking at the law from a case-by-case perspective.

Grewal's statement comes after New Jersey lawmakers struggle to come together on a decision following last week's halt in the Assembly following the last-minute addition of downgrading possession of psychedelic mushrooms. The Senate planned to allow up to 6 ounces of marijuana for the state without penalty. The last-minute changes have paused legislative hearings and votes scheduled for this Monday following Thanksgiving. Unfortunately, the state's anticipated legalization still results in many arrests from people thinking marijuana is now legal.

"We get calls every day" from people facing new charges, said Jef Henninger, a criminal defense attorney in Tinton Falls. "A lot of people are confused. A lot of people think marijuana is legal." in an article from NJ.com.

A day after the election, Grewal reminded New Jerseyans that "The Amendment, however, neither legalized nor decriminalized, the sale or possession of "unregulated" marijuana. Moreover, it does not take effect until January 1, 2021, and requires enabling legislation and regulations, which will set forth the legal amounts and lawful locations for the sale, possession, and use of legal cannabis."

Critics of Grewal's decision to hold off on prosecution before Amended have pro-legalization groups like the National Organization for the Reform of Marijuana Laws (NORML) pleased "The consensus of voters is clear. They do not want their fellow citizens targeted, arrested, and prosecuted for possessing marijuana, and these enforcement practices need to cease immediately. Police have already arrested tens of thousands of New Jerseyans in recent years for minor marijuana violations. It is not in the public interest to disrupt any additional lives during what are the final days of this failed public policy." said Deputy Director Paul Armentano on their site.

For now, New Jersey law allows the use of medical marijuana, with mandatory minimum penalties for non-medical possession or sale of the substance.

Moving forward, Grewal concluded, "Fairness and justice require that we, as prosecutors, not move forward with charges that the Legislature may foreclose in the near future. We will provide more comprehensive guidance, including direction on handling of previously adjudicated matters, when the Legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use cannabis."

Lawmakers return to session on December 07, 2020.

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