BAR REPORT - Feb. 21, 2022
NJSBA addresses marijuana expungements and vacant Supreme Court seats. A conversation with the chair of the Minorities in the Profession Section (MIPS). Swearing-in ceremony for new attorneys.
February 22, 2022 at 09:30 AM
8 minute read
NJSBA headquarters, New Brunswick, NJ. Credit: Google
Capitol Report
NJSBA to be heard as amicus in matter involving marijuana expungements and PTI
The state Appellate Division accepted the New Jersey State Bar Association's (NJSBA) amicus brief in State v. Gomes (A-3477-20). The case concerns the question of whether a person who has previously participated in pretrial intervention (PTI) for an offense now expungable due to the passage of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) is again eligible for PTI services.
Arguing clear legislative intent, the NJSBA said individuals who received PTI for a now-expungable marijuana offense should not be precluded from a future PTI, as a result of the statute barring more than one admittance to the program. There are four cases being considered by the Appellate Division highlighting the lack of uniformity in the interpretation of CREAMMA and the PTI statute, an issue the NJSBA further highlighted. The Criminal Law Section's Chair-Elect Michael Roberts wrote the brief.
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