deraneyesq — 6 years ago
July 24th, 2018 – Update on Cannabis Decriminalization in the State of New Jersey
Though it’s been very clear that this is a potential move for the State, there have not been any Overt Acts to really push the movement forward. On July 19th, 2018, we had one of those Overt Acts that, though it was initially backpedaled, seems to have the the community backing and the legislature working.
Chief Municipal Prosecutor Jake Hudnut sent out a memorandum entitled, “New Marijuana Decriminalization Policy,” to his Assistant Prosecutors. Though it’s virtually impossible to find a copy of this memorandum, the contents of it are speculated as follows:
(1.) Downgrade and dismiss Possession of CDS (Marijuana Only) charges (including Possession, Possession with Intent to Distribute, Drug Paraphernalia, and Loitering to Obtain)
(2.) Comments that New Jersey spends $1B Per Decade handling more than 25,000 Arrests for Possession of Marijuana,
(3.) Costs of the Handling Arrests Falls on the Municipalities,
(4.) Possession of CDS (Marijuana) is non-violent in nature,
(5.) Refocus of Law Enforcement Resources on other Offenders,
(6.) Recommended Sentence is $50 Fine and Five Hours of Community Service which is a start contrast to the 6 Months Imprisonment and $1,000 Fine, Driver’s License Suspension, Loss of Student Loans, Bans from Public Housing, Loss of Immigration Status, and Adverse Effects on Jobs/Careers that was Previously Instituted.
On July 20th, 2018, Attorney General Gurbir S. Grewal issued a quick rebuke to Hudnut’s Memorandum calling it void and without legal effect, citing N.J.S.A. 2B: 12-27 providing Grewal with supervisory authority. According to Grewal, Hudnut’s Memo highlighted that Municipal Prosecutors would benefit from guidance on their authority regarding Cannabis offenses. Grewal intends on issuing a Statewide Directive around Labor Day which will provide for this. Grewal has asked for All Municipal Prosecutors to Adjourn all matters of the sort until September 4, 2018. Grewal’s Full Release is here.
