Bill > S2101

Introduced Session

This bill would decriminalize possession of 10 grams or less of marijuana and certain marijuana products and impose civil penalties for such possession. The bill would also eliminate all penalties for being under the influence of marijuana. Civil Penalties. The bill amends N.J.S.2C:35-10, Possession, Use or Being Under the Influence, to provide that a person who possesses 10 grams or less of marijuana, including any adulterants or dilutants; a "personal-use amount of a regulated marijuana-infused product"; or one gram or less of hashish or marijuana concentrate would be subject to a civil penalty: a fine of $150 for a first violation, a $200 fine for a second violation, and a $500 fine for a third or subsequent violation. The bill would allow the court to waive the penalties in case of extreme financial hardship and under certain other circumstances. Definitions. The bill defines "personal-use amount of a regulated marijuana-infused product" as "one or more products, containing a total of no more than 100 milligrams of tetrahydrocannabinol, comprised of marijuana, marijuana extracts, or marijuana resins and other ingredients and intended for personal use or consumption, including but not limited to edible products, ointments, and tinctures, lawfully obtained from a jurisdiction where marijuana sales to adults are authorized under the law of the jurisdiction, in its original, child-resistant, labeled packaging when stored." The bill defines "marijuana concentrate" as "a product consisting wholly or in part of the resin extracted from any part of the plant Genus Cannabis L. and having a tetrahydrocannabinol concentration greater than 2.5 percent." Current Law. Under current law, possession of 50 grams or less of marijuana or five grams or less of hashish is a disorderly persons offense. Possession of more than 50 grams of marijuana or more than five grams of hashish is a crime of the fourth degree, with an enhanced fine of up to $25,000. A crime of the fourth degree is generally punishable by a term of imprisonment of up to 18 months or a fine up to $10,000, or both; a disorderly persons offense, by a term of imprisonment of up to six months or a fine of up to $1,000 or both. Under subsection b. of N.J.S.2C:35-10, it is a disorderly persons offense to use or be under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician. This bill provides that it would not be a violation to be under the influence of marijuana. Subsection c. of N.J.S.2C:35-10 provides that it is a disorderly person offense to unlawfully obtain or possess a controlled dangerous substance, or its analog, and to fail to voluntarily deliver it to the nearest law enforcement officer. The bill provides that this statute would not apply to possession of 10 grams or less of marijuana, a personal-use amount of a regulated marijuana-infused product, or one gram or less of hashish or marijuana concentrate. N.J.S.2C:36-2 provides that it is a disorderly persons offense to be in possession of drug paraphernalia. Under the bill, this statute would not apply to a person who possesses drug paraphernalia for the use of 10 grams or less of marijuana, a personal-use amount of a regulated marijuana-infused product, or one gram or less of hashish or marijuana concentrate. Instead, the person would be subject to a civil penalty of $100. Substance Abuse Assessment. The bill requires the court to waive the penalties for a single violation within a three-year period upon proof that, within 60 days of the violation, the person completed a substance abuse assessment by a professional licensed by the Division of Mental Health and Addiction Services in the Department of Health to perform such assessments. Under the bill, a person who intends to undergo such an assessment would notify the court, which would schedule the matter for review after 180 days. If proof of completion of the assessment is filed on or before 180 days, the court would waive the penalties without a hearing unless requested by a party. The bill provides that the substance abuse assessment would determine if, and to what extent, the person is a drug dependent person within the meaning of N.J.S.2C:35-2 and would benefit from treatment. Education Program; Expungement of Records. If the person is determined to not be drug dependent the person would be required to complete a two-hour education program on marijuana and other controlled dangerous substances according to a curriculum developed by the Division of Mental Health and Addiction Services in the Department of Health. The curriculum would include written materials. If the person is not drug dependent, the professional would report to the court that no further action is needed, and the records of the violation would be expunged after the expiration of six months following completion of the education program. Expungement would not require any action by the person or the payment of any fee. Substance Abuse Treatment; Expungement of Records. The bill provides that if the person is a drug dependent person within the meaning of N.J.S.2C:35-2 and substance abuse treatment and monitoring would serve to benefit the person by addressing his drug dependency, the court would order him to undergo treatment for drug dependency at a suitable treatment facility licensed and approved by the Department of Health and to comply with the requirements of the course of treatment. The person would be required to submit to periodic testing to determine compliance with treatment program goals. The treatment provider would promptly report to the court any significant failures by the person to comply with any court-imposed term or condition of treatment or any requirements of the course of treatment, including but not limited to a positive drug or alcohol test or the unexcused failure to to attend any session or activity. Under the bill, upon completion of treatment, the agency designated by the court to monitor or supervise the person's treatment would report to the court as to the person's progress in treatment and compliance with court-imposed terms and conditions. Records would be expunged after the expiration of a period of six months. Expungement would not require any action by the person or the payment of any fee. Waiver of Fees and Cost of Assessment. The bill provides that a person may apply for a waiver of court fees and the cost of the substance abuse assessment and treatment by reason of extreme financial hardship. Costs of the substance abuse assessment may be reimbursed from the Drug Education Program Fund established in the bill. Possession in a Motor Vehicle. Under N.J.S.A.39:4-49.1, a person who operates a motor vehicle while in possession of a controlled dangerous substance or prescription drug without a valid prescription is subject to a fine of not less $50. The bill provides that these penalties would not apply to possession of 10 grams or less of marijuana, including any adulterants or dilutants; a personal-use amount of a regulated marijuana-infused product as defined in N.J.S.2C:35-2; or one gram or less of hashish or marijuana concentrate. Disorderly Persons Offense: Negligent Storage of Regulated Marijuana-infused Product. The bill also establishes a new criminal offense. Under the bill, a person who negligently stores a regulated marijuana-infused product, resulting in a minor under the age of 18 years possessing such product, would be guilty of a disorderly persons offense. It would be prima facie evidence that the person did not act negligently if he lawfully obtained the regulated marijuana-infused product from a jurisdiction where marijuana sales to adults are authorized under the law of the jurisdiction, and stored the product in its original, child-resistant, labeled packaging. Failure to store a regulated marijuana-infused product in its original, child-resistant, labeled packaging would be prima facie evidence of negligence. Expungement of Certain Prior Criminal Offenses Involving Marijuana. The bill provides that in the case of conviction for the possession of 10 grams or less of marijuana, a personal-use amount of a regulated marijuana-infused product, or one gram or less of hashish or marijuana concentrate that occurred prior to the effective date of the bill, an expungement petition may be filed and presented at any time, without the usual waiting period for expungement. Upon review of the petition, the court would immediately grant the expungement. Conditional Discharge for First Offenders. The bill amends N.J.S.2C:36A-2, which provides conditional discharge for certain first offenders charged with disorderly persons or petty disorderly persons drug offenses, to mandate drug treatment in certain cases. Under the bill, when a first offender is charged with a disorderly persons or petty disorderly persons drug offense, the court would suspend further proceedings and place the person on supervisory treatment. The person would be required to undergo a diagnostic assessment by a professional licensed or certified to perform such assessments by the Division of Mental Health and Addiction Services in the Department of Health to determine if and to what extent the person is drug dependent and would benefit from treatment. If the person is determined to not be drug dependent he would complete a two-hour education program on marijuana and other controlled dangerous substances, according to a curriculum developed by the Division of Mental Health and Addiction Services in the Department of Health. The curriculum would include written materials. If the professional determines that the person is not drug dependent, the professional would report to the court that no further action is needed, and the records of the violation would be expunged. If the person is determined to be drug dependent and substance abuse treatment and monitoring would serve to benefit the person by addressing his drug dependency, the court would order the person to undergo treatment for drug dependency at a suitable treatment facility licensed and approved by the Department of Health and to comply with the requirements of the course of treatment. The person would be required to submit to periodic testing to determine compliance with treatment program goals. Upon completion of treatment, the agency designated by the court to monitor or supervise the person's treatment would report to the court as to the person's progress in treatment and compliance with court-imposed terms and conditions. The treatment provider would promptly report to the court any significant failures by the person to comply with any court-imposed term or condition of treatment or any requirements of the course of treatment, including but not limited to a positive drug or alcohol test or the unexcused failure to to attend any session or activity. The bill provides that a person may apply for a waiver of court fees and the cost of the substance abuse assessment and treatment by reason of extreme financial hardship. Costs of the substance abuse assessment may be reimbursed from the Drug Education Program Fund established in the bill. After the expiration of a period of six months following the completion of the education program or following substance abuse treatment, the records of the violation would be expunged. Expungement would not require any action by the person or the payment of any fee. A person may apply for a waiver of court fees and the cost of the substance abuse assessment by reason of extreme financial hardship. Conditional discharge would be available to every defendant unless the court in its discretion concludes that: (1) The defendant's continued presence in the community, or in a civil treatment center or program, will pose a danger to the community; or (2) The terms and conditions of supervisory treatment will be inadequate to protect the public and will not benefit the defendant by serving to correct any dependence on or use of controlled substances which he may manifest; or (3) The person has previously received supervisory treatment under section 27 of P.L.1970, c.226 (C.24:21-27), N.J.S.2C:43-12, or the conditional discharge program. Municipal Court Jurisdiction. The bill would amend N.J.S.2B:12-17, which sets out the jurisdiction of the municipal court, to add jurisdiction for the new civil penalties created by the bill. Drug Education Program Fund. The bill provides that $50 of each penalty imposed would be forwarded by the municipality to the State to be deposited in the "Drug Education Program Fund" established pursuant to the bill. The remainder of the penalty monies would be retained by the municipality for the general uses of the municipality. Monies deposited in the "Drug Education Program Fund" would be appropriated to the Department of Health, Division of Mental Health and Addiction Services for drug education programs. Monies in the fund would also be used to reimburse the costs of substance abuse assessment and treatment pursuant to the bill. Applicability. The bill encompasses persons convicted and serving sentences for marijuana offenses under current law; persons convicted but not yet sentenced; and persons charged with offenses who have not yet gone to trial or otherwise had the charges resolved, as follows: -- Any person who is serving a sentence on the effective date of the bill may move to have his sentence reviewed by the sentencing court, and the court may impose a civil penalty pursuant to the bill, if the person is serving a sentence for a violation of: (1) subsection a. of N.J.S.2C:35-10 (possession) for 10 grams or less of marijuana, including any adulterants or dilutants; a personal-use amount of a regulated marijuana-infused product; or one gram or less of hashish or marijuana concentrate; (2) subsection b. or c. of N.J.S.2C:35-10 (being under the influence of marijuana, or failing to deliver marijuana to law enforcement); or (3) N.J.S.2C:36-2 (paraphernalia for marijuana use). -- Any person who has been convicted, but is not yet sentenced, on the effective date of the bill may move to have his conviction overturned by the court, and the court may impose a civil penalty pursuant to the bill, if the person has been convicted of a violation of: (1) subsection a. of N.J.S.2C:35-10 (possession) for 10 grams or less of marijuana, including any adulterants or dilutants; a personal-use amount of a regulated marijuana-infused product; or one gram or less of hashish or marijuana concentrate; (2) subsection b. or c. of N.J.S.2C:35-10 (being under the influence of marijuana, or failing to deliver marijuana to law enforcement); or (3) N.J.S.2C:36-2 (paraphernalia for marijuana use). -- Any person who has criminal charges pending on the effective date of the bill would have those criminal charges dismissed, and the prosecutor may charge the person with the civil penalty pursuant to the bill, if the person has been charged with a violation of: (1) subsection a. of N.J.S.2C:35-10 (possession) for 10 grams or less of marijuana, including any adulterants or dilutants; a personal-use amount of a regulated marijuana-infused product; or one gram or less of hashish or marijuana concentrate; (2) subsection b. or c. of N.J.S.2C:35-10 (being under the influence of marijuana, or failing to deliver marijuana to law enforcement); or (3) N.J.S.2C:36-2 (paraphernalia for marijuana use). Attorney General Guidelines. The bill requires the Attorney General to issue guidelines for prosecutors and law enforcement to effectuate the provisions of the bill. Commissioner of Health Guidelines. The Commissioner of Health, in consultation with the Attorney General, would be required to adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of the bill. Medical Marijuana Not Affected. This bill would not be applicable to any person in compliance with the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.).

AI Summary

Committee Categories

Ronald Rice (D)*,  Shirley Turner (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/16/2020)

Official Document