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Posted on: December 10, 2020

AG Issues Marijuana Charge Guidance

Last week, Attorney General Gurbir Grewal issued additional guidance to prosecutors concerning the prosecution of low-level marijuana cases, supplementing his August 29, 2018 and November 4, 2020 guidance.

The Attorney General’s guidance directs all New Jersey municipal, county, and state prosecutors to adjourn, until at least January 25, 2021, any juvenile or adult case solely involving low-level marijuana possession related offenses. For cases involving low-level possession offenses and other charges, the Attorney General has directed prosecutors to use their discretion to either postpone the case in its entirety or seek dismissal without prejudice, of the marijuana possession-related charge and proceed with prosecution of the remaining charges. The guidance does not affect the prosecution of cases charging distribution of marijuana or possession of marijuana with intent to distribute.

More comprehensive guidance, including direction on handling previously adjudicated matters, will follow when the Legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use marijuana.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.

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