Pubdate: Wed, 29 Aug 2018
Source: Philadelphia Inquirer, The (PA)
Copyright: 2018 Philadelphia Newspapers Inc
Contact:  http://www.philly.com/inquirer/
Details: http://www.mapinc.org/media/340
Author: Sam Wood

N.J. TO RESUME MINOR MARIJUANA PROSECUTIONS, BUT AG ASKS FOR DISCRETION

Prosecutors in New Jersey cannot unilaterally decriminalize marijuana
possession in their jurisdictions, the state attorney general
announced Wednesday, but they are being encouraged to use their
discretion with people charged with low-level cannabis crimes.

State Attorney General Gurbir S. Grewal issued a guidance memo to the
Garden State's prosecutors, asking them to carefully consider the
repercussions of a marijuana conviction on the lives of people charged
with simple possession.

He asked prosecutors to weigh the "collateral consequences" a
conviction might have on a defendant's ability to find work, remain in
school, and receive government loans, housing, and licensing. Grewal
also requested prosecutors to take into account age, circumstances of
arrest, immigration consequences, and adverse familial
consequences.

"The goal should be to achieve individual justice in individual
cases," he said in a nine-page memo addressed to all of New Jersey's
county and municipal prosecutors.

Arrests for simple marijuana possession have skyrocketed recently in
the Garden State. From 2015 to 2016, total marijuana arrests jumped
nearly 27 percent, according to NJ.com. The reasons for the increase
remain unclear. Arrests will remain at the discretion of police officers.

Grewal had temporarily put marijuana prosecutions on hold after Jersey
City officials -- following Philadelphia's example -- announced they
would no longer prosecute low-level marijuana crimes. With the release
of Grewal's memo, prosecutions may resume across the state on Tuesday.

"A local government unit may not 'decriminalize' or otherwise license
conduct which violates the state's criminal code," he wrote.

The memo restates existing law that prohibits plea agreements for
drunken driving and certain drug offenses.

Advocates for the reform of drug laws said they appreciated Grewal's
guidance, but don't think the memo will make much of a difference.

"They're well-intended, but unfortunately they don't really change
anything," said Roseanne Scotti, the New Jersey director of the Drug
Policy Alliance. "What the AG did was reiterate the current rules
around prosecutorial discretion, but all that existed before. So this
highlights the need for the state legislature to change the law so
that people aren't arrested to begin with."

Marijuana possession remains illegal under New Jersey law unless the
holder is a participant in the medical marijuana program. The state
legislature is considering legalizing marijuana for adult recreational
use, but though momentum is building -- Gov. Murphy and Senate
president Stephen Sweeney are supporters -- a bill has yet to be introduced.

Kevin Sabet, the founder of an anti-legalization group called
Responsible Approaches to Marijuana Policy, called the new guidance
"commonsense" and said there should be a bipartisan approach to
decriminalization of marijuana.

Murphy spokeswoman Alyana Alfaro said the governor "fully supports"
the guidance and noted that Murphy has said legalization is a
"critical step in eliminating racial disparities."