Bill > A2457

Introduced Session

This bill provides that persons previously arrested for certain marijuana offenses who participated in conditional discharge, supervisory treatment, or another diversion program for first offenders would be eligible to participate in a diversion program again if participation in the program the first time was for a marijuana offense that is no longer unlawful. RECENT ENACTMENTS P.L.2021, c.19, enacted February 22, 2021, decriminalized the possession of up to six ounces of marijuana, or up to 170 grams of hashish. The enactment provides that there are no criminal or civil penalties for such possession. The enactment also decriminalized a first offense of manufacturing, distributing, or possessing with intent to distribute one ounce or less of marijuana, or five grams or less of hashish. A first offender is subject to a written warning, which also indicates that a subsequent offense of manufacturing, distributing, or possessing with intent to distribute this amount of marijuana or hashish constitutes a crime of the fourth degree. P.L.2021, c.16, also enacted February 22, 2021, legalized the manufacture, purchase, and sale of regulated cannabis. The enactment also established the Cannabis Regulatory Commission. Under P.L.2021, c.16, regulated cannabis will be lawful in this State when the commission promulgates regulations.ATTORNEY GENERAL DIRECTIVE In light of the enactment of P.L.2021, c.16 and c.19, the New Jersey Attorney General issued Directive No. 2021-1 on February 22, 2021. It directed all prosecutors in the State to dismiss any pending marijuana cases where the underlying offense had been legalized. The directive further indicated that the Administrative Office of the Courts would vacate by operation of law any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter where the conduct occurred prior to February 22, 2021. Also vacated would be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the person's conviction for the offenses that had been legalized.DIVERSIONARY PROGRAMS The bill applies to the following diversionary programs: --- Conditional discharge, N.J.S.A.2C:36A-1; --- Pretrial Intervention (PTI), N.J.S.A.2C:43-12; --- Conditional dismissal in municipal court, N.J.S.A.2C:43-13.1 et al.; and --- The Veterans' Diversion Program, N.J.S.A.2C:43-23 et seq. Under current law, these programs require that the person wishing to participate not have been a previous participant in that particular program or in another diversionary program. Under the bill, previous participation in a diversionary program would no longer bar participation on a second occasion if the first participation was for a marijuana or hashish offense that was subsequently decriminalized.EFFECTIVE DATE The bill would take effect on the 60th day following enactment. It is retroactive to February 22, 2021, the effective date of P.L.2021, c.19.

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Annette Quijano (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document