Bill would allow legalized marijuana, but only if voters give their blessing

March 1, 2019

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A bipartisan bill introduced this week would allow for possession of small amounts of marijuana — but only if voters approve a referendum on legalization. Assemblywoman Holly Schepisi (R-Bergen) proposed the bill, NJ A5138, which would ask voters whether they want to legalize recreational marijuana and…

DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Appellate court rejects trial judge’s use of HGN DWI test used in State’s Case Abuse and Neglect to prove intoxicated parent to remove children from home.

January 23, 2019

DCPP v. V.F. NJ Appellate Division Approved for Publication January 22, 2019. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark This appellate panel rejects the HGN, the horizontal gaze nystagmus DWI test, offered by the state to prove a parent was under the influence in an Abuse and Neglect case. The court rejected the HGN offered…

Jersey City becomes first in state to decriminalize marijuana

December 10, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Jake Hudnut is the new municipal prosecutor in Jersey City. He and the man who appointed him, Mayor Steve Fulop, have decided to get out in front of the marijuana debate. Effective Thursday, they are decriminalizing it, allowing possession of small amounts and discreet use. “We…

In one New Jersey county, courtrooms will become a new front in the opioid battle

October 22, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. A suburban courtroom may seem an unlikely venue for a lifesaving decision. But Angel Nelke’s recovery from opioid abuse began when she appeared before a Gloucester Township judge three years ago on a shoplifting charge. She was told a drug and alcohol counselor was available to…

N.J.’s new medical marijuana dispensaries have been delayed as program keeps growing

October 16, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. With demand for medical marijuana surging in New Jersey, Gov. Phil Murphy in July called for a doubling of the state’s program, from six dispensaries to as many as 12. The state Department of Health received 146 applications for those six additional medical marijuana providers. But under…

Municipal court prosecutor discretion to prosecute Marijuana possession cases

August 30, 2018

Submitted by New Jersey Drug Lawyer, Jeffrey Hark. On August 29, 2018 the New Jersey state AG’s office issued guidelines for municipal court prosecutors to follow with regards to prosecuting/negotiating and or dismissing marijuana cases in the municipal court. I have attached a copy of those guidelines here with this blog however I summarize the…

Medical marijuana user’s boss can drug test him, court says

August 17, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark A New Jersey business does not have to waive its requirement for mandatory drug testing for a worker who uses medical marijuana, a federal court has ruled. Daniel Cotto Jr. of Bridgeton had sued Ardagh Glass citing the New Jersey Law Against Discrimination after the company wouldn’t…

State of New Jersey v. Robert L. Gillard

July 21, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On January 19, 2015, at about noon, Long Branch Detective Joseph Spitale went to Chelsea Avenue and the railroad tracks on a report that “they were selling heroin.”During the investigation, Spitale was a passenger in an undercover police car accompanied by three other officers. Spitale saw…

State v. Evans – “Plain Feel” Doctrine

July 6, 2018

State v. Evans Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On January 4, 2012, Officer Felipe Laboy of the Vineland Police Department started his evening shift with creating a list of outstanding warrants in the area. One of the suspects on the warrant list was defendant Robert L. Evans. The defendant was on the…

State of New Jersey v Mark A McDonald

June 18, 2018

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On May 30, 2013 three officers from Edison Township were conducting a drug distribution investigation. The officers received a tip from a confidential informant (CI) about the defendant selling drugs from his hotel room. The police conducted surveillance of the scene and confirmed te CI’s description…