Murphy Backs Change To Marijuana Law Allowing Parent Notification

TRENTON, NJ — On Monday, Gov. Phil Murphy said he agreed with making some changes to New Jersey's brand-new marijuana law, particularly on the issue of when police can notify parents if their underage child is found with marijuana or alcohol.

Murphy made history on Feb. 22, when he signed the bill into law and made marijuana legal in New Jersey. However in the weeks since, he's faced a growing outcry from NJ Republicans and members of his own Democratic party who say parents should be notified if their child is found by police with drugs or alcohol.

On Monday, for the first time, the governor said he supports making the changes.

"I spoke to the Senate President (Steve Sweeney) on Saturday and, without getting too much into the weeds, no pun intended, on the notification question, I personally think that's a step in the right direction," said Murphy when asked by a reporter.

"So we'll see where that goes. It's not even on my desk; in fact it's not even through the chamber yet," continued Murphy, as no reforms to the law have been presented to him to sign yet.

"But as a conceptual matter, I support that direction (of notifying parents the first time their child is found with marijuana or alcohol)," said the governor.

The bill as Murphy signed it last month prohibited a police officer from notifying parents if their teenage son or daughter (under 21) was found with booze or weed for the first time. For a first violation, the officer could only give a written warning to the teen, and the officer recorded their name, address and birth date.

A police officer could only notify parents if police found an underage teen with booze/pot a second time.

Senate minority leader Jon Bramnick (R-Union County) said Monday he was pleased to see Murphy consider amending the law.

“I am glad to hear Governor Murphy agrees that parents should be notified if their underage children are caught with marijuana or alcohol,” said Bramnick.

But it wasn't just Republicans. Murphy faced backlash from even his own party over the new law.

State Sen. Vin Gopal (D-Long Branch), Assemblyman Eric Houghtaling (D-Neptune) and Assemblywoman Joann Downey (D-Freehold) all proposed legislation last week that would reform the bill.

"If a minor is caught with these substances, we want their parents to know about it right away,” the three Democratic lawmakers said in a joint statement, according to New Jersey Globe.

Other Republicans in the state said the new marijuana law took the parents out of parenting.

“Police shouldn’t be prohibited from telling parents that their child was caught engaging in illegal or dangerous activity with drugs or alcohol,” said state Sen. Anthony Bucco (R-Morris County), who introduced a bill reforming the law with state Senator Declan O’Scanlon (R-Monmouth). “This is another example of Democrat ideology that the state knows what’s best for our families, usurping the role of parents in the lives of their children."

“Thankfully, it appears that both Republicans and Democrats in both houses of the Legislature want to fix this," said Bucco immediately after Murphy's remarks on Monday. "Governor Murphy apparently is supportive of this fix as well. Given that broad support, there’s no reason to delay action on moving this important legislation forward.”

But there are still problems with the new marijuana law, said O'Scanlon. As written, the law also restricts police from conducting searches of juveniles based solely on the odor of marijuana.

"Simply permitting parental notification doesn't solve the problem," O'Scanlon said. "If a cop approaches an underage kid and smells pot and searches them, anything found in that search can be thrown out. Not only does it leave the officer liable to lawsuits, the police officer can also be criminally charged for detaining people who he suspects are underage and using drugs. This actually encourages cartels to recruit young people to carry drugs, heroin, you name it."

O'Scanlon said he is doubtful that part of the law will be adjusted.

"So they'll do the political fix of the issue getting the most attention," he said.

New Jersey Republican leaders pressed Trenton to change the existing marijuana law, and fast.

“I truly believe that all of the legislators that voted (on the law) did not know that there was a component in the legislation that would prohibit law enforcement from notifying parents if a minor is found in possession of or using marijuana and alcohol for the first offense," said Monmouth County Commissioner Director Tom Arnone, a Republican.

"It is more important now for them to fix their mistake," he said. "We understand that our legislators are revisiting this legislation and there are discussions to introduce legislation to repeal A5342. I am glad to see our concerns are being addressed and that there are going to be steps taken to rectify this. But now we need to keep the pressure on. There are many bills that get introduced and do not go anywhere. We need to make sure that action is taken — and taken quickly. This is not a Republican or Democrat issue. This is a matter of right and wrong and a matter of allowing parents to keep their children safe.”

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