Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges
On February 22, 2021, the Governor signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act and the marijuana decriminalization laws.
Under the New Jersey Constitution and the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117, all prosecutors operating under the authority of the laws of the State of New Jersey are to dismiss pending marijuana-related charges in accordance with the guidance below.
Dismissals
A. Cases for dismissal. Effective immediately, prosecutors shall seek dismissals of any pending charges listed in the following chart in any cases where a juvenile or adult’s conduct occurred on or before February 22, 2021. Dismissals can be requested on an ad hoc basis as the cases are scheduled for a municipal or superior court proceeding. In cases involving multiple charges, only the charges listed in the chart are to be dismissed pursuant to this Directive; all other charges and pending matters should remain.
2C:35-5(b)(12) 2C:35-10(a)(3) 2C:35-10(a)(4) 2C:35-10(b)
2C:35-10(c) 2C:36-2
2C:36A-1 39:4-49.1
Description of Statute
Distribution of marijuana or hashish
Possession of marijuana or hashish
Possession of marijuana or hashish
Under the influence – only when the individual was under the influence of marijuana or hashish
Failure to properly dispose CDS – only when the individual fails to dispose of marijuana or hashish
Possession of drug paraphernalia when the paraphernalia was used, or was possessed with intent to be used, to ingest, inhale or otherwise introduce marijuana or hashish into the body
Any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to this section
Possession of CDS in a vehicle – but only when the individual is in possession of marijuana or hashish in the vehicle
B. Cases already resolved. For those cases already resolved, pursuant to the new decriminalization laws, the Administrative Office of the Courts will 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 will be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person who is or will be serving a sentence of incarceration, probation, parole or other form of community supervision as of February 22, 2021 as a result of the person’s conviction or adjudication of delinquency solely for the above listed charges.
Effective date. This Directive shall take effect February 22, 2021
ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2021-1
