Since the vote, our legislators have attempted to write a law that will pass. However, that is becoming more difficult each day.
As a solution for now, the NJ Attorney General's Office issued guidance last week to NJ Prosecutors stating that prosecutors should adjourn certain cases until January 25, 2021 in hopes we have an answer that is more definitive. This applies to both adult and juvenile cases involving any of the charges below:
- possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(3);
- possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(4);
- being under the influence of marijuana or hashish in violation of N.J.S. 2C:35-10(c);
- failure to make lawful disposition of marijuana or hashish in violation of N.J.S. 2C:35-10(d);
- use or possession with intent to use drug paraphernalia under N.J.S. 2C:36-2 involving only marijuana or hashish;
- possession of a controlled dangerous substance while operating a motor vehicle in violation of N.J.S. 39:4-49.1 involving only marijuana or hashish; and
- any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S. 2C:36A-1 involving only marijuana or hashish.
In cases where there are other pending charges in addition to the marijuana possession- related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges.