As bill to stop weed related arrests stalls, NJ cops still bust people for small amounts of marijuana
Legislative action meant to end arrests for possessing marijuana came to a halt this week, but wide ranging arrests for even minor offenses continue.
Police are following the law as written, booking people for offenses as minor as possession of one joint, attorneys say. And prosecutors are using a wide array of discretion in how they handle the cases in court; some levying fines with guilty pleas, and others dismissing the cases.
It’s all happening as lawmakers fight over marijuana legislation.
A provision that would reduce penalties for having psychedelic mushrooms has derailed a marijuana decriminalization bill in the state Assembly, while efforts to launch a legal marijuana industry hit road bumps Thursday.
Legal Market For Marijuana
The bill to set the legal market for marijuana ran into trouble Thursday when committees in both the Senate and Assembly advanced bills that differed on the issue of limiting how many marijuana growers will be allowed to be licensed. The Senate wants the limits gone, while the Assembly hopes to see only 37 come on line during the early years of legalization.
Two sources with knowledge of the negotiations who were not authorized to speak publicly said issues blocking both bills are related: the Senate removed the limits on licenses in its version of the bill to use as leverage against the Assembly, which has not passed the decriminalization bill due to the concerns lessening prison sentences for possessing mushrooms.
As negotiations continue behind closed doors in Trenton, people face the very real legal consequences of marijuana possession.
“We get calls every day” from people facing new charges, said Jef Henninger, a criminal defense attorney in Tinton Falls. “A lot of people confused. A lot of people think marijuana is legal.”
Lawmakers Pass Bills To Decriminalize
Voters approved a ballot question to legalize marijuana on Nov. 3. But that didn’t immediately make weed legal. Until lawmakers pass bills to decriminalize it or to launch a marijuana industry, police can still arrest people for possessing small amounts.
And defense attorneys say police have done just that.
Attorney General Gurbir S. Grewal put out a statement the day after the election reminding people of the current laws that prohibit marijuana use. But he also called up a 2018 statement that gave local law enforcement. And prosecutors broad discretion to handle marijuana offenses.
That meant municipal prosecutors should consider offenses on a case-by-case basis and weigh. How a conviction would affect a person’s access to employment, housing, and schooling, he said at the time.