NJ Courts Give Ax To 88,000 Marijuana Cases – More To Follow

NEW JERSEY — More than 88,000 cases involving marijuana arrests in New Jersey have been dismissed in the past two weeks as the state continues its journey into cannabis legalization, officials announced Monday.

New Jersey voters approved recreational marijuana in November 2020. But it wasn't legal until Gov. Phil Murphy signed a package of bills into law on Feb. 22. That legal framework included “decriminalizing” cannabis, giving people facing low-level possession and distribution charges a pathway to clear their records.

• See related article: 5 Things You Need To Know About Marijuana Legalization In NJ

It’s a big deal for many people who have been busted for weed in the Garden State. The ACLU-New Jersey says that prior to the new laws, the collateral damage from a marijuana arrest had the potential to be life-changing:

• Jail
• Loss of one's job
• A criminal record for at least three years
• Driver's license suspension
• Up to $1,255 in fines and fees
• Potential consequences for one's immigration status, financial aid eligibility, and access to public housing
• Loss of the ability to adopt children

But there's relief on the way for thousands of people across the state, court officials say.

Since July 1, the day New Jersey’s decriminalization law became effective, the state judiciary has dismissed or vacated tens of thousands of cases involving marijuana or hashish. And it’s just the tip of the iceberg. So far, court administrators throughout New Jersey have identified about 360,000 cases that are eligible to be vacated or dismissed. Once they are, the cases will be automatically “expunged” from a person’s criminal record.

And that’s not all, officials added:

• Violations of probation or pretrial monitoring are being vacated
• Driver’s license suspensions are being restored
• Warrants for “failure to appear” are being rescinded

Here’s who qualifies, officials said (learn more here):

“The eligible fourth-degree and disorderly persons offenses relating to marijuana or hashish include distribution of certain quantities of the drugs, possession of certain quantities of the drugs, possession of paraphernalia; use or being under the influence of the drugs; and operating a motor vehicle while in possession of the drugs.”

The new law also applies to cases which are pending sentencing or have completed sentencing. However, while most low-level offenses will be eligible for dismissal, some cases involving more serious charges won’t be, officials said.

Court administrators said there are plans to create an online resource that will allow people to see if their case has been expunged – or get a certificate to prove it.

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