You read that right, folks! In what some are considering a big step towards legalization (or at least decriminalization), New Jersey Attorney General, Gurbir Grewal sent a letter to all municipal prosecutors in the state directing them to seek adjournments of all marijuana related cases until September 4, 2018 or later. It is being reported that AG Grewal is seeking this delay so that his office may develop “appropriate guidance”, for prosecutors. “What does that mean for my case?” you may be asking.
What does it REALLY mean? Good question. Last week we heard that Jersey City sought to establish a marijuana decriminalization policy. Almost immediately the AG’s Office said no way… And now this. Confusing to be sure, and reading the tea leaves may not be easy. Ordinarily, Possession of a Small Amount of Marijuana (under 50 grams) N.J.S.A. 2C:35-10 is a disorderly persons offense, punishable by a $1,000 dollar fine, six months in county jail, and a potential suspension of your driving privileges for up to six months (to read more about this offense, click here). While this move by the AG could indeed signal a step towards decriminalization, It is certainly no guarantee. One thing is for sure; such a move would have major implications for prosecutors, judges, defense attorneys, and New Jersey citizens charged with marijuana related offenses.
It has been rumored for years that New Jersey was seeking to legalize recreational marijuana use. In reality, it has been more than just rumor. Senator Nicholas Scutari (D-Union) has been drafting legislation for years, and has been pushing the same. Alas, the legislation has stalled, yet again, as legislators in Trenton bicker as to what form this should take. Concerns include tax revenue, health considerations, and legal implications. Whatever the intent behind this request for a delay in prosecution of pending cases means, this attorney strongly cautions against getting carried away, and presuming that you are free to toke up without legal consequences. Indeed, to do so would not be wise!