Three Bergen Legislators Back Reduced Penalties For Small Amounts of Pot

A trio of Bergen County legislators have thrown their support behind a bill that would decriminalize possession of small amounts of marijuana.

Assembly members Charlotte Vandervalk (R-Westwood), Valerie Vainieri Huttle (D-Englewood) and Gordon Johnson (D-Englewood) have signed on as co-sponsors to a bill that would reduce the penalty for possession of less than 15 grams of marijuana to a fine, coupled with a drug education program for repeat offenders.

Vandervalk, who supports the use of medical marijuana, said the current penalties people face for possession of small amounts of marijuana are too harsh. Currently, possession of less than 50 grams of marijuana is a disorderly persons offense, which can draw up to a $1,000 fine and 6 months in prison.

"You don't want to ruin someone's entire life with years in jail for something that is a minor offense," Vandervalk said.

This bill, authored by Mercer County Democrat Reed Gusciora, would reduce the penalty to a $150 fine, with higher fines for subsequent offenses.

In addition to reducing the burden on offenders, Gordon Johnson said he supported the bill because it would lighten the load for police departments and courts. Johnson said authorities used too much time and resources on minor marijuana infractions that should be used for more serious offenses.

Frederic DiMaria, a criminal defense attorney who practices out of Lodi and spends much of his time defending marijuana users, said "there is tremendous time wasted by our judicial system" on marijuana prosecutions. DiMaria is chairman of the New Jersey chapter of the National Organization for the Reform of Marijauna Laws, which advocates the legalization of marijuana.

He said marijuana prosecutions are particularly common in Bergen County, due to its proximity to New York, where small amounts of marijuana have been decriminalized. DiMaria said New Yorkers are often caught off-guard by the penalties for possession in this state.

"Bergen County is a hotbed of activity judicially," DiMaria said.

Bergen County Prosecutor John Molinelli declined to support the bill. In a statement, he said, "This office does not support any law which would decriminalize illegal marijuana possession and other than our compliance with the Medical Marijuana law (whenever regulations are adopted), we anticipate supporting no bill which would decriminalize any drug possession."

In any case, the bill has barely gotten off the ground. Though it was introduced in the Assembly, there's no accompanying bill in the Senate.

"I'm hopeful that this bill will at least generate enough attention on the subject that we may actually affect a change," DiMaria said. "It's much needed and in the recession that we're experiencing any economic benefit derived from preventing officers and judicial resources and executive resources from being squandered and wasted would be tremendously beneficial."