Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that reduces fines and sentences related to marijuana possession.

Highlights:

• Prohibits the odor of marijuana or hashish, or burnt marijuana or hashish, from constituting reasonable articulable suspicion to initiate a search of a person (Sec. 4.a).

• Prohibits a person from being deprived of any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law solely by reason of committing a violation, nor shall committing one or more violations modify any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law due to marijuana possession (Sec. 4.a-ii).

• Classifies any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of paragraph (1) or (2) of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense (Sec. 4.c).

• Prohibits any court from having jurisdiction over any charge, including any charge of delinquency, based on offenses that occurred prior to the effective date of manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish (Sec. 4-4)

• Rescinds any judgment of conviction, including a term of imprisonment and any court-ordered financial assessment, unless otherwise provided by any law, arrest, charge, conviction, and adjudication of delinquency that occurred prior to the effective date of and any proceedings related thereto, for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish (Sec. 5).

• Requires the Administrative Office of the Courts to develop and maintain a system for sealing records from the public, upon order of a court, pertaining to offenses delinquent acts (Sec. 6).

• Authorizes the court to order the pretrial release of the eligible defendant and subjects them to the following restrictions (Sec. 7-1.b):

• the eligible defendant shall not commit any offense during the period of release;

• the eligible defendant shall avoid all contact with an alleged victim of the crime;

• the eligible defendant shall avoid all contact with all witnesses who may testify concerning the offense that are named in the document authorizing the eligible defendant's release or in a subsequent court order; and

• any one or more non-monetary conditions.

• Expands the information the court may take into account during pretrial detention, which includes the following (Sec. 8-6):

• The nature and circumstances of the offense charged;

• The weight of the evidence against the eligible defendant, except that the court may consider the admissibility of any evidence sought to be excluded; and

• The history and characteristics of the eligible defendant.

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with senate substitute and further amend a bill that reduces fines and sentences related to marijuana possession.

Highlights:

• Prohibits the odor of marijuana or hashish, or burnt marijuana or hashish, from constituting reasonable articulable suspicion to initiate a search of a person (Sec. 4.a).

• Prohibits a person from being deprived of any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law solely by reason of committing a violation, nor shall committing one or more violations modify any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law due to marijuana possession (Sec. 4.a-ii).

• Classifies any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of paragraph (1) or (2) of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense (Sec. 4.c).

• Prohibits any court from having jurisdiction over any charge, including any charge of

delinquency, based on offenses that occurred prior to the effective date of manufacturing,

distributing, or dispensing, or possessing or having under control with intent to

manufacture, distribute, or dispense, marijuana or hashish (Sec. 4-4)

• Rescinds any judgment of conviction, including a term of imprisonment and any court-ordered financial assessment, unless otherwise provided by any law, arrest, charge, conviction, and adjudication of delinquency that occurred prior to the effective date of and any proceedings related thereto, for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish (Sec. 5).

• Requires the Administrative Office of the Courts to develop and maintain a system for sealing records from the public, upon order of a court, pertaining to offenses delinquent acts (Sec. 6).

• Authorizes the court to order the pretrial release of the eligible defendant and subjects them to the following restrictions (Sec. 7-1.b):

• the eligible defendant shall not commit any offense during the period of release;

• the eligible defendant shall avoid all contact with an alleged victim of the crime;

• the eligible defendant shall avoid all contact with all witnesses who may testify

concerning the offense that are named in the document authorizing the eligible defendant's release or in a subsequent court order; and

• any one or more non-monetary conditions.

• Expands the information the court may take into account during pretrial detention, which includes the following (Sec. 8-6):

• The nature and circumstances of the offense charged;

• The weight of the evidence against the eligible defendant, except that the court

may consider the admissibility of any evidence sought to be excluded; and

• The history and characteristics of the eligible defendant.

Full Bill Text