New Jersey is Dismissing Marijuana Cases. Here’s What That Means
Included in the recent decriminalization of marijuana, New Jersey announced that it plans to dismiss a significant number of cases. What does this mean for you if you have marijuana previous or pending charges?
Current Eligibility for Dismissal
Currently, New Jersey has vacated or dismissed almost 88,000 marijuana-related cases since July 1, 2021. They estimate that a total of 360,000 cases are eligible for dismissal. These cases will be automatically vacated, dismissed, or expunged. However, none of the currently dismissed cases have yet been expunged.
This dismissal includes a large number of cases that are currently in probation or pretrial monitoring. It also includes cases in which the person’s driver’s license was suspended due to marijuana use or possession.
Eligible cases currently include:
- People charged with the sale or possession of up to one ounce of cannabis
- People charged with the sale or possession of drug paraphernalia
- People charged with being under the influence of marijuana
If your case fits into any of these criteria, you may still be eligible even if you haven’t yet been contacted. The state is currently relying on the system to automatically identify these cases.
The Latest on New Jersey’s Decriminalization Laws
New Jersey decriminalized marijuana in June. The state also legalized the use of recreational marijuana at this time but the specific laws surrounding it are still unclear. Only regulated marijuana is legal. The problem with this, however, is that the state has yet to approve any retail marijuana distributors.
At least, in the meantime, the state is taking steps to dismiss cases that are marijuana-related. It’s also no longer illegal to possess marijuana, up to a certain amount.
As long as you are of the legal age, which is 21 years or older, you can legally possess marijuana up to six ounces, or up to 17 grams of hashish.
New Jersey Marijuana Laws
Additionally, the following offenses are decriminalized in New Jersey:
- Being under the influence of marijuana
- Possession of marijuana
- Possession of marijuana when driving a vehicle
It is important to note, however, that it is still illegal to drive a vehicle under the influence of alcohol or drugs. Additionally, the distribution of marijuana is also still illegal. However, the legal consequences have been reduced. If you’re caught distributing marijuana up to one ounce, for example, you will initially receive a written warning, as long as it is your first drug-related offense.
Underage Laws
The decriminalization of marijuana in New Jersey is for those who are of a legal age, which is 21 years or older. It is still illegal to own or use marijuana if you’re under 21 years. The consequences are not as strict though under the updated laws. A first offense is a written warning. A second offense gives you another written warning, with additional information about community services.
If someone is under 18 years, the police will also notify parents. If you have three or more offenses, you may receive a referral and requirement to attend community services.
Contact an Experienced Camden Drug Defense Attorney About Your Marijuana-Related Charges in New Jersey
Have you been charged with a drug-related offense in New Jersey? A drug crime conviction can carry with it heavy fines, jail time, and driver’s license suspension! That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The lawyers at Gelman Law, LLC represent clients charged with use, possession, production, distribution, and related drug offenses in Camden, Pennsauken, Cherry Hill, Voorhees, and throughout New Jersey. Call 856-861-4236 or fill out our confidential online contact form to schedule a free consultation about your case. We have an office located at 850 Rt. 70 West Cherry Hill, NJ 08002.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
