On July 24, 2018, the attorney generals office asked municipal prosecutors to put marijuana prosecutions on hold, while they developed a policy for future prosecutions, based upon the State's anticipated eventual legalization of marijuana. In the meantime, it is anticipated that the state attorney general's office will soon promulgate some guidance to New Jersey's local, municipal and county prosecutors informing them that while marijuana possession remains illegal, they may exercise discretion and decide not to prosecute some simple possession cases.
The forthcoming guidance is expected to have a larger impact in smaller, more rural areas, where prosecutors have often been often unwilling to downgrade charges absent a directive from the top law enforcement official in the state. Minor marijuana possession, under 50 grams, is normally charged as a disorderly persons offense. However, it is anticipated that possession of larger amounts of marijuana, or possession with intent to distribute will continue to be prosecuted. Stayed tuned for updates.
All the Best!
RANDY C. REDDEN
(856) 448-6200
The forthcoming guidance is expected to have a larger impact in smaller, more rural areas, where prosecutors have often been often unwilling to downgrade charges absent a directive from the top law enforcement official in the state. Minor marijuana possession, under 50 grams, is normally charged as a disorderly persons offense. However, it is anticipated that possession of larger amounts of marijuana, or possession with intent to distribute will continue to be prosecuted. Stayed tuned for updates.
All the Best!
RANDY C. REDDEN
(856) 448-6200
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