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Supreme Court Proposes Amendments to Pretrial Intervention Rule

The Supreme Court Criminal Practice Committee proposed amendments to New Jersey Court Rule 3:28-1(c) regarding eligibility for pretrial interventions (PTI). The proposal follows the Court's decision in State v. Gomes to address whether PTIs are available for defendants who received conditional discharges for marijuana offenses before the 2021 adoption of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). The New Jersey State Bar Association participated as amicus in Gomes to advocate that those defendants would be eligible. The Court is soliciting comments on the proposed amendments.