New Jersey Orders Postponement Or Dismissal Of Marijuana Cases

NEW JERSEY — Anyone who's been charged with marijuana possession or use in New Jersey may see their case postponed until Jan. 25 or dismissed, in light of a directive issued Wednesday from the state's attorney general.

The directive came three weeks after New Jersey residents voted to legalize marijuana use approximately 2-to-1 on Nov. 3.

State legislators are currently working to formalize the rules around marijuana legalization for next year, including a rule to legalize possession of up to 6 ounces.

Attorney General Gurbir Grewal told prosecutors on Wednesday that they are "instructed to seek an adjournment" until at least Jan. 25, according to the memo, of any juvenile or adult case solely involving marijuana or hashish possession — including while driving.

According to a press release from Grewal's office, "The Attorney General directed prosecutors to use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice."

However, for cases involving distribution or intent to distribute, only the possession parts of the case may be dismissed, according to the release. Grewal is not directing prosecutors to postpone or dismiss distribution charges.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” said Grewal.

You can read the new guidance here: View the Guidance

Specifics

Grewal directed prosecutors that they may adjourn cases until Jan. 25, 2021 involving:

• possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(3);
• possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(4);
• being under the influence of marijuana or hashish in violation of N.J.S. 2C:35-10(c);
• failure to make lawful disposition of marijuana or hashish in violation of N.J.S. 2C:35-10(d);
• use or possession with intent to use drug paraphernalia under N.J.S. 2C:36-2 involving only marijuana or hashish;
• possession of a controlled dangerous substance while operating a motor vehicle in violation of N.J.S. 39:4-49.1 involving only marijuana or hashish; and
• any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S. 2C:36A-1 involving only marijuana or hashish.

Grewal reiterated that more comprehensive guidance will follow when the legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use cannabis.

To see previous guidance issued by Grewal on Nov. 4, the day after the election, click here.

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