Bill > A341

Introduced Session

This bill provides that if a person under the age of 18 violates the law by purchasing or possessing alcoholic beverages or cannabis and receives a written warning from a law enforcement officer, the law enforcement officer would also be required to take the person into custody and notify the minor's parent, guardian, or other person having legal custody of the minor that the underage person was taken into custody. Under the bill, the minor would be taken into temporary custody but not subject to arrest. P.L.2021, c.25 established certain consequences for persons who purchase or possess alcoholic beverages or cannabis items when under the legal age to do so. These consequences include, for a second or third violation by a person under age 18, notification to the minor's parent, guardian, or other person having legal custody of the minor. However, P.L.2021, c.25 does not provide that a parent, guardian, or other person having custody would be notified about the minor's first violation. This bill requires parental notification for first and subsequent violations and that the minor be temporarily detained but not subject to arrest. The bill preserves provisions of current law that prohibit a record of the minor's possession of alcoholic beverages or cannabis in any juvenile delinquency matter. The bill also clarifies that a law enforcement officer is required to seize from persons under 21 years of age any alcoholic beverage, marijuana, hashish, cannabis item, or drug or cannabis paraphernalia to be destroyed or secured for use in law enforcement training or educational programs.

Committee Categories

Don Guardian (R)*,  Claire Swift (R)*,  Michele Matsikoudis (R),  Antwan McClellan (R),  Greg McGuckin (R),  Erik Simonsen (R), 

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

Official Document