BAR REPORT - Capitol Report
Cannabis legislation signed into law; Judiciary issues COVID-19 safety protocols
March 01, 2021 at 08:01 AM
3 minute read
Cannabis legislation passes, AG's Office issues directive on marijuana charges
Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAM Act) and marijuana decriminalization laws last week, prompting a directive by Attorney General Gurbir Grewal regarding the disposition of marijuana charges. Directive No. 2021-1 provides guidelines for the dismissal of eight specific marijuana- or hashish-related charges for juveniles and adults.
Effective immediately, prosecutors are ordered to seek dismissal of any pending charges enumerated in the directive. In cases where there are multiple charges, only those addressed in the directive are to be dismissed. For cases already resolved, the Administrative Office of the Courts will vacate by operation of law any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter where the conduct occurred prior to Feb. 22 of this year, the date the governor signed the CREAM Act and decriminalization legislation. Also vacated will be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person who is or will be serving a sentence of incarceration, probation, parole or other form of community supervision.
Grewal's directive also makes clear that this directive does not create any substantive right that may be enforced by a third party, and directs additional questions to the Division of Criminal Justice. A full copy of the directive can be found on njsba.com.
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