Bill > A5211

Introduced Session

This bill updates and clarifies recent legislation passed by both Houses of the Legislature on December 17, 2020 concerning cannabis legalization, and marijuana and hashish decriminalization. Section 1 is amended to permit vacating, by operation of law, (1) various existing entries of guilty or placements in a diversionary program for matters without a judgment of conviction or final disposition, and (2) various existing convictions, remaining sentences, ongoing supervision, and unpaid court-ordered financial assistance, as soon as may be practicable but no later than the first day of the fifth month following the effective date of the Second Reprint of Assembly Bill No. 21, titled the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act." The "as soon as practicable" language added by this bill creates the possibility of earlier resolution of these matters. Section 2 makes changes in the definitions section of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act." The definitions of "cannabis item" and "cannabis resin" are amended to reference the definition of "medical cannabis" in section 3 of P.L.2009, c.307 (C.24:6I-3), which applies to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L.2009, c.307 (C.24:6I-1 et al.). The reference is done to clarify that medical cannabis is excluded from these definitions. Section 3 amends the title of the act which is being amended in section 4, concerning underage possession of marijuana or cannabis items. The bill provides that any person under the legal age to purchase cannabis items who knowingly possesses marijuana or any cannabis item in any school, public conveyance, motor vehicle or public place shall be fined not less than $250 if the amount possessed would be legal if the possessor were of legal age. The reference to a petty disorderly persons offense is omitted by this bill. However, if the person is under the age of 18 years then they are not subject to the fine but are subject to the juvenile delinquency dispositions set forth in section 24 of P.L.1982, c.77 (C.2A:4A-43). If the amount of cannabis items possessed by the underage person exceeds the amount which may be lawfully possessed by a person of legal age then the fine is not less than $500. Again if the person is under the age of 18 years then they are not subject to the fine but are subject to the juvenile delinquency dispositions set forth in section 24 of P.L.1982, c.77 (C.2A:4A-43) Section 5 of the bill amends the title of the act amended by section 6 to include "marijuana" in section 1 of P.L.1981, c.197 (C.2C:33-16) concerning possession of certain regulated items on school property by adults 21 years of age or older, including alcohol or cannabis items. Such possession of marijuana or cannabis items would be graded a disorderly persons offense, punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. Section 7 amends N.J.S.2C:35-2 which is the definitions section for chapter 35 of the criminal code, the "Comprehensive Drug Reform Act of 1987," to make changes in the definition of "hashish" and "marijuana" to reference and exclude medical cannabis. Section 8 amends N.J.S.2C:35-5, concerning unlawful distribution, and section 9 amends N.J.S.2C:35-10, concerning unlawful possession, to remove provisions pertaining to civil rights protections and law enforcement informational reporting. The bill does not alter these provisions but recodifies them as two separate sections to be allocated outside of the criminal penalty sections; these are sections 15 and 16 in this bill. The amendments to N.J.S.2C:35-10 also cross-reference the new provisions addressing unlawful underage possession and unlawful adult possession on school property as described above, as otherwise the recently passed legislation on cannabis legalization and marijuana and hashish decriminalization make the act of small amount possession of marijuana or hashish no longer a punishable crime, offense, act of delinquency, or civil violation of law. Section 10 amends section 3 of P.L. 2009, c. 307 (C. 24:6I-3) to delete the definition of "cannabis" and include an expanded definition of "medical cannabis" that is more parallel to the definition of "cannabis" in the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," and that includes clarifications that cannabis and cannabis items, marijuana, and hemp and hemp products are excluded from the updated definition. Section 11 amends section 2 of P.L.1970, c.226 (C.24:2I-2) to include medical cannabis within the definition of "drugs" and "hashish," clarifying that medical cannabis is excluded from those definitions, and to include a cross-reference to the new definition of "medical cannabis." Section 12 provides an exclusionary reference to medical cannabis in the Schedule I definition of "tetrahydrocannabinols." Section 13 concerns employer and employee workplace policies and protections, and includes guidance for drug testing by employers using certified Workplace Impairment Recognition Experts. The bill amends the section to make a correction indicating that the State's Drug Recognition Expert program, which trains police officers to detect, identify, and apprehend drug-impaired motor vehicle operators, is provided by the State Police, not the Police Training Commission as originally stated, and any certified Drug Recognition Expert may be eligible for immediate certification as a Workplace Impairment Recognition Expert. Section 14 amends section 6 of P.L.1984, c.56 (C.52:17B-71) to make a similar corrective reference to the State Police concerning the Drug Recognition Expert program, and provides that the State Police will consult with the Cannabis Regulatory Commission concerning the development of standards and curricula for certification as a Workplace Impairment Recognition Expert. As previously stated, sections 15 and 16 contain provisions pertaining to civil rights protections and law enforcement informational reporting, which are re-codifying language from N.J.S.2C:35-5 and -10. Section 17 is the effective date section. The bill takes effect immediately, but section 13, concerning workplace policies and protections, only becomes operative upon adoption of the initial rules and regulations by the Cannabis Regulatory Commission, which will cover workplace issues and a myriad of other aspects of the creation of a legalized cannabis marketplace.

AI Summary

Committee Categories

Annette Quijano (D)*,  Benjie Wimberly (D)*,  Mila Jasey (D),  Angela Mcknight (D), 

Reported out of Assembly Comm. with Amendments, 2nd Reading (on 01/07/2021)