By Allison Perrine
NEW JERSEY – Law enforcement officers can be charged criminally if they notify the parents or guardians of minors caught with marijuana or alcohol on the first offense, according to a new law approved by the New Jersey legislature Feb 22.
Gov. Phil Murphy signed three bills covering the legalization and regulation of cannabis use and possession statewide for individuals 21 and older. But one also establishes new guidelines for individuals under 21 and, in first offense cases, those guidelines prevent law enforcement from notifying parents of a minor’s transgression. Community members have been quick to criticize it.
“We had wholly unfair laws that dragged, literally over decades, tens if not hundreds of thousands of disproportionally young persons of color, disproportionately young males of color, into the criminal justice system. And it either derailed, delayed or permanently impaired the lives of thousands of people. That’s where we’re starting,” Murphy said Feb. 24 about the legislation during a routine press conference. “This is, we think, the best common ground we can all find.”
But he acknowledged it might not be “perfect.”
“Are we going to have growing pains? I bet you we are. Did we legalize weed for kids? We did not,” he added. “We cannot in any way, shape or form put more young people, particularly of color, into the criminal justice system.”
COMMUNITY REACTION
Backlash from various community groups, including Monmouth County Sheriff Shaun Golden, who called it “bad public policy,” was swift. According to Golden, it will keep parents out of the loop; prevent law enforcement officers from taking any enforcement action on boardwalks, beaches and other public spaces; and “more importantly will only promote black market sales of marijuana among teens,” he wrote on social media.
“This is not a debate about the legalization as the voters had spoken on the ballot question, though teen alcohol use was not on the ballot. This is bad public policy,” Golden wrote. “Never in my career in LE (law enforcement) have I seen a law outline specific penalties against an officer for doing their job.”
The issue has been controversial among Republicans and Democrats alike.
Monmouth County Commissioners Director Thomas A. Arnone expressed his “strong opposition” to the added components of the legalized marijuana bill in a newsletter issued March 2.
“The majority of New Jersey residents last fall voted in favor to legalize marijuana for use by adults at least 21 years of age. There is no question, nor debate, on the outcome of the ballot question. However, New Jersey residents were not aware at the time of their vote that this would eventually lead to what we witnessed last week,” Arnone wrote. “I find it truly disturbing and discouraging that legislation with such serious implications for law enforcement officers and families, was passed with little to no discussion.”
Arnone also said that by passing this law, the legislature “is sweeping aside the judgment of parents over the lives of their children” and ties “law enforcement’s hands with respect to keeping kids and communities safe.” He called the law “a matter of right and wrong” and added that he and his fellow commissioners strongly oppose it.
Later in the week, Arnone issued a statement calling on other state board of county commissioners to urge legislators to repeal or revise Assembly Bill 5342, saying that he feels the legislators who approved it “did not know that there was a component in the legislation that would prohibit law enforcement from notifying parents” of minors found in possession of or using marijuana or alcohol on the first offense.
“There are many bills that get introduced and do not go anywhere. We need to make sure that action is taken – and taken quickly,” he wrote. “As I continue to stress, this is not a Republican or Democrat issue. This is a matter of right and wrong and a matter of allowing parents to keep their children safe.”
In a joint statement issued March 4, Senate Majority Conference Leader Sen. Vin Gopal, Sens. Joe Lagana and Dawn Addiego, Assemblyman Eric Houghtaling and Assemblywoman Joann Downey announced that they would be introducing legislation to amend the legislation.
“While New Jersey has made recreational Marijuana legal in the state of New Jersey, it is still illegal for minors to possess or consume it. If a minor is caught with these substances, we want their parents to know about it right away. The State cares about a child’s wellbeing, and we want to take every step possible to make the first offense the only offense. Keeping parents involved in these matters will help do just that,” Gopal, Houghtaling and Downey wrote in the statement.
Fair Haven Police Chief Joseph P. McGovern issued a statement March 4 addressed to Fair Haven residents regarding the new legislation. He said he understands the language in the legislation is “concerning” and that the law enforcement community statewide is working together “to attempt to clarify the language in this new law.”
“As always our number one priority is the safety and wellbeing of your child in this town. In spite of the new law, our officers will always look out for the best interest of your child and will continue to make sure that every child is safe,” McGovern wrote. “Also, as before, we will work hand-in-hand with every parent/guardian to look out for the child’s best interest.”
THE BACKGROUND
The three bills signed by Murphy Feb. 22 decriminalized and changed the legal status of marijuana in New Jersey. The laws went into effect immediately and created a “two-tier framework” for regulated cannabis as well as marijuana and hashish, Attorney General Gurbir S. Grewal wrote in a statement issued to all law enforcement officers statewide.
According to Grewal, when regulated cannabis is purchased, sold and used under certain conditions, it is fully legal statewide. But all other forms that are not regulated or medical cannabis are “treated as ‘marijuana’ or ‘hashish’ ” and are still considered controlled dangerous substances. However, they are “largely decriminalized for non-distribution offenses,” and the new laws “eliminate existing prohibitions and create new, more lenient penalties for possession and distribution that remain tiered based on weight.”
As of Feb. 22, it is no longer a violation to be found with 6 ounces or less of marijuana or 17 grams or less of hashish. It is also not a violation to be under the influence of marijuana or hashish, fail to properly dispose of marijuana or hashish, possess paraphernalia for using marijuana or hashish or to possess marijuana or hashish as a motor vehicle operator, Grewal wrote.
But most recently, specifics have been released pertaining to anyone age 21 and under who is carrying or has consumed any amount of marijuana, hashish, cannabis or alcohol in public. Under the new law, officers may issue written warnings that include the individual’s name, address and birth date, “but the warning shall not be provided to the individual’s parent or guardian,” according to Grewal. Officers who fail to comply may be criminally charged “with depriving the individual of their civil rights, regardless of whether the officer intended to do so.”
On second offense, officers may issue written warnings and also provide the person with information on community drug treatment services. For anyone under 21, the officer may also inform the person’s parents or guardians of the offenses with copies of the written warnings.
Third and subsequent offenses will again include written warnings and drug treatment information, but if the individual is between the ages of 18 and 21, the officer will provide notice of the written warnings to a local community drug treatment program. If the person is under 18, the officer will again provide the juvenile’s parents or guardians with a copy of the written warnings.
“Law enforcement officers must also retain, with any of the written warnings outlined above, a sworn statement with a description of the factual circumstances that support a finding of the violation,” Grewal wrote. “As with the new warning system required for adults who distribute small amounts of marijuana, this new framework for individuals under the age of 21…will require law enforcement agencies to develop new mechanisms to track the issuance of these warnings.”
Not only does the new law prevent officers from notifying parents or guardians of their minors’ first offense, but it also prohibits them from taking certain actions while investigating individuals under 21 for possession of marijuana or alcohol. For instance, officers cannot ask the individuals for consent to search the person unless he or she is under 18 and the officer believes other criminal activity is afoot. Officers may not arrest or detain the individual aside from specific exceptions. And officers must keep their body cameras on throughout the encounter.
An odor of marijuana, hashish or alcohol is no longer a reasonable suspicion to initiate a stop for an individual under 21 “nor does it provide probable cause to search the person’s personal property or vehicle,” according to Grewal.
This article was originally published in the March 11-17, 2021 edition of The Two River Times.
