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NEW JERSEY ATTORNEY GENERAL INSTRUCTS MUNICIPAL COURT PROSECUTORS TO ADJOURN CASES INVOLVING SMALL AMOUNTS OF MARIJUANA POSSESSION

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

On November 25, 2020, New Jersey’s Attorney General Gurbir Grewal provided guidance for prosecutors in relation to marijuana cases that are pending. This guidance came after New Jersey voters elected to amend the New Jersey Constitution to legalize marijuana.

The Attorney General advised all municipal, county, and state prosecutors to pause prosecuting cases involving a small amount of marijuana possession.  He advised prosecutors to seek an adjournment until at least January 25, 2021 of low level marijuana crimes.

The directive did not stop police from arresting and charging people for small amounts of marijuana.  The directive also does not cover driving while intoxicated (DWI) involving marijuana.  For more serious charges on top of marijuana crimes the Attorney General advised prosecutors to use their discretion to dismiss or postpone the entire case.

This directive is to allow the legislature more time to produce marijuana legislation.  Currently, there is proposed legislation that is being amended and moving towards a vote to move the bill to the Governor’s desk to become law.

As discussed in a prior blog, here are some of the key provisions related to personal marijuana use contained in the proposed senate bill:

It is important to understand that these provisions are still proposed, and will not be law until the legislature votes on the proposal, and the governor signs it into law.  Until that time, we will continue to track the progress of this proposed bill, and any other changes in marijuana, cannabis, weed, and hashish law.

At Hark & Hark, we represent clients in Superior Court and municipal court for criminal matters, including marijuana issues and DUI / marijuana DWI. We vigorously defend our clients by fighting to uphold their constitutional rights, and ensure law enforcement follow proper procedures to legally make an arrest.

We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing criminal charges similar to this circumstance, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any town in New Jersey including Bass River, Beverly, Bordentown City, Bordentown Township, Burlington City, Burlington Township, Chesterfield, Cinnaminson, Delanco, Delran, Eastampton, Edgewater Park, Evesham, Fieldsboro, Florence, Hainesport, Lumberton, Mansfield, Maple Shade, Medford Lakes, Medford Township, Moorestown, Mount Holly, Mount Laurel, New Hanover, North Hanover, Palmyra, Pemberton Borough, Pemberton Township, Riverside, Riverton, Shamong, Southampton, Springfield, Tabernacle, Washington Township, Westampton, Willingboro, Woodland Township, and Wrightstown.

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