The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) no doubt created a sea change in our state’s laws concerning cannabis. In addition to legalizing and regulating adult purchase of cannabis from licensed sellers, the legislation contains more than a few provisions aimed at eradicating the stigmas and disabilities that affect the lives of those convicted of marijuana-related crimes. Indeed, under various provisions of CREAMMA, people with past convictions for most marijuana-related offenses became eligible for what is known as an “expedited expungement.”

Newly eligible offenses for expungement include:

  • Distribution or possession of, or having under one’s control with intent to distribute, less than one ounce of marijuana, or less than five grams of hashish in violation of N.J.S.A. 2C:35-5b(12), or such violation and a school zone or public housing violation under N.J.S.A. 2C:35-7a or N.J.S.A. 2C:35-7.1a (i.e., distributing, or possessing, or having under one’s control with intent to distribute, on or within 1,000 feet of any school property, or within 500 feet of a public housing facility, public park or public building); or
  • Obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of N.J.S.A. 2C:35-10a(3), N.J.S.A. 2C:35-10a(4) or N.J.S.A. 2C:35-10b or N.J.S.A. 2C:35-10c; or
  • A violation involving marijuana or hashish as above, and using or possessing with intent to use drug paraphernalia in violation of N.J.S.A. 2C:36-2.

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