Jersey City Can't Decriminalize Marijuana: OAG

HUDSON COUNTY, NJ — Jersey City doesn’t have the power to decriminalize weed, despite city officials’ attempts to roll up a new policy earlier this week, according to a memo from the New Jersey Attorney General’s Office.

Friday’s memo from Attorney General Gurbir Grewal to the city’s new prosecutor, Jake Hudnut, contained some crushing news for local cannabis activists and users. According to Grewal’s letter, Jersey City does not have the legal authority to decriminalize marijuana or refuse to criminally prosecute all marijuana-related offenses.

Grewal told Hudnut that the city’s new policy is now “void and has no effect,” and said it was “disappointing” that the prosecutor didn’t try to consult with either himself or Hudson County Prosecutor Esther Suarez. (Read the full memo below)

Jersey City had planned to establish a decriminalization policy, as outlined in a memo dated Thursday, July 19, that will downgrade and even dismiss charges against many – but not all – pot offenders. The recommended sentence for a conviction of these offenses would likely be a fine no greater than $50 or five hours of community service.

The memo, titled New Marijuana Decriminalization Policy, notes that New Jersey is spending $1 billion each decade to handle more than 25,000 arrests each year for marijuana possession.

• See related article: Rolling Back The War On Weed: Sanders Backs Booker's Legalization Bill

"Much of these costs fall on municipalities, like Jersey City, for which resources are scarce to begin with," Hudnut wrote. "Marijuana possession is non-violent in nature, and focusing law enforcement resources on violent offenses does far more to promote safe communities."

• See related article: Jersey City To Be 1st NJ Community To Decriminalize Marijuana

On Friday, Jersey City Mayor Steven Fulop fired back at Grewal on social media, stating that he respects the attorney general’s opinion but supports his chief prosecutor and the city has no plans to “continue a policy of creating records and ruining a person’s future over small quantities of marijuana.”

Fulop wrote:

“Jersey City undoubtedly has prosecution discretion + the ability to implement that. We aren’t changing law but we’ll continue a support our Chief Prosecutor’s judgment which we outlined in decrim policy we’ll follow. We respect the letter but don’t agree. JC = right side here.”

The ACLU of New Jersey was among the groups that applauded Jersey City officials’ stance on marijuana decriminalization.

“This is such a monumental step. Jersey City will stop prosecuting people for marijuana possession. @StevenFulop & @JakeHudnut are leading the way. We look forward to working with them and other NJ leaders to legalize marijuana for adults to addresses issues decrim alone can't.”

The following memo was sent from Grewal to Hudnut:

"This letter addresses the memorandum titled "New Marijuana Decriminalization Policy," dated July 19, 2018, that you addressed to Assistant Municipal Prosecutors in the City of Jersey City. As an initial matter, let me be clear this letter takes no position on the legalization or decriminalization of marijuana in the State of New Jersey, a policy matter currently before the Legislature. Rather, I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City. Accordingly, I am instructing you that your memorandum is void and has no effect.

"Municipal prosecutors' duties are limited "to ensure the uniform and proper administration of justice in this State." N.J.S.A. 2B:25-1. A municipality's "decriminalization" of conduct that violates the State's criminal laws would be inconsistent with these objectives, and would result in — not mitigate — disparate treatment of similarly situated offenders. The criminal laws of this State are enacted by the Senate and the General Assembly, not determined by municipal prosecutors based on "[decent public opinion polling]."

"Municipal prosecutors are required to "represent the State, the county or the municipality in the prosecution of all offenses within the statutory jurisdiction of the municipal court as defined by law." N.J.S.A. 2B:25-5(a). Although municipal prosecutors may move before the municipal court to amend or dismiss a complaint, a municipal prosecutor may only do so "for good cause shown in accordance with the Rules of Court." N.J.S.A. 2B:25-5(c). A blanket policy of amending or dismissing all marijuana-related offenses would be inconsistent with the "good cause" standard and violate the clear dictates of N.J. Court Rule 7:6-3(d), Guideline 4 of the Appendix to Part VII.

"As a municipal prosecutor, you are subject to the supervisory power of the Attorney General and the County Prosecutor. N.J.S.A. 28:12-27. Either the Attorney General or the County Prosecutor can supersede a municipal prosecutor at any time to promote the public interests ofthe State. N.J.S.A. 28:25-7.

"Accordingly, pursuant to my supervisory authority and to ensure the uniform and proper administration of justice across the State of New Jersey, I hereby direct that your “New Marijuana Decriminalization Policy” is void. I further direct that your office prosecute all offenses within your jurisdiction in accordance with your statutory duties as a municipal prosecutor, which include the obligation to exercise discretion to pursue charges based on the specific facts and circumstances of each case.

"Hudson County Prosecutor Esther Suarez and I are deeply committed to promoting criminal justice reform and addressing social issues in this State. That is why it is disappointing you issued your memorandum without consulting either of us. I encourage you to contact Prosecutor Suarez or my office to discuss any concerns or if you have any questions about the duties of your office."

• See related article: Rush For Medical Marijuana In NJ After New Conditions Approved

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