New Marijuana Decriminalization Policy

August 2, 2018

The New Jersey Attorney General, Gurbir S. Grewal, issued a memorandum on July 24, 2018 to all municipal prosecutors. This memorandum directs all municipal and county prosecutors to seek adjournments on marijuana related offenses until after September 4, 2018.

This directive comes after the Chief Municipal Prosecutor for Jersey City, Jake Hudnut, issued a memorandum, which the Attorney General has deemed unconstitutional, titled “New Marijuana Decriminalization Policy.” It has been understood that the Jersey City Memorandum, was creating a charge likened to a traffic ticket, where the possession of marijuana would be punished with a fine and no criminal record. The Attorney General has convened a working group to determine guidelines which should be set for the prosecution of marijuana charges in New Jersey going forward.

It has been anticipated since the inauguration of Governor Murphy, that New Jersey would be legalizing marijuana. This working group could be the beginning of the end for the criminalization of marijuana possession in New Jersey. While it is still unclear what Attorney General Grewal intends to do, it is known that he had discussions with the Chief Municipal Prosecutor for Jersey City regarding decriminalization and this working group is going to address the concerns raised during those discussions. Governor Murphy has expressed his position is that marijuana should become legalized and taxed, rather than decriminalized.

We have had several cases postponed on the basis of this memorandum and are hopeful that we can eventually obtain complete dismissals of marijuana possession cases that are currently pending but have not been resolved. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information.

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