A3942

An Act placing a question on the ballot concerning the legalization and regulation of marijuana in Atlantic City, supplementing Title 52 of the Revised Statutes, and amending various sections of statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) Sections 1 through 15 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known as the “Providing Opportunities for Tomorrow in Atlantic City Act.”

2. (New section) The Legislature finds and declares that:

a. Atlantic City is in the midst of an extraordinary financial crisis as a result of its unique status as the sole municipality in which casino gaming has been authorized in the State, and the sudden, rapid proliferation of casino gaming in this region of the country which has had a severely destabilizing impact on the finances and economy of Atlantic City.

b. Casino gaming was authorized in Atlantic City in 1976, following the adoption by the voters of an amendment to the New Jersey Constitution (Article IV, Section VII, paragraph 2, subparagraph D).

c. Over the course of the following decades, casinos grew and profited in Atlantic City, due in large part to the fact that Atlantic City was the only location in the region in which legal casino gaming was available.

d. In recent years, however, other states in the region, particularly Pennsylvania and New York, began to authorize more and more casino gaming, which has taken a very substantial portion of the regional casino gaming market away from Atlantic City.

e. The property tax base of Atlantic City has declined by more than 50 percent in the past five years, driven almost exclusively by the reductions in casino gaming property values, placing a disastrous strain on Atlantic City’s budget through the greater liabilities for casino gaming property tax appeal refunds and lower property tax revenues generated by casino gaming properties based on current values.

f. As the reduced casino gaming property values have resulted in casinos paying less in property taxes, the property tax burden for all other Atlantic City and Atlantic County residents and businesses has increased, placing even greater pressure on a community that is already deeply struggling.

g. The economic downturn in Atlantic City has been widespread. The regional competition in casino gaming has had a damaging effect on Atlantic City, resulting in the closure of four casino gaming properties, which represented one-third of the number of casinos operating in Atlantic City in 2013. The sharp decline in the value of the remaining casino gaming properties has led to successful appeals of the assessments on those properties requiring hundreds of millions of dollars in property tax refunds. There has been sharp increase in the local unemployment rate, which remains stubbornly well above the averages of the State, the region, and the United States.

h. The Legislature and the executive branch have attempted to repair or fix the finances and economy of Atlantic City through a variety of actions taken in recent years.

i. In 2010, Atlantic City was placed under the supervision of the Local Finance Board pursuant to the powers established in the “Local Government Supervision Act (1947),” P.L.1947, c.151 (C.52:27BB-1 et seq.). Since 2010, the municipal budget of Atlantic City has been subject to the review and approval by the Local Finance Board.

j. In 2011, the Atlantic City Tourism District was established, and the State, through the Casino Reinvestment Development Authority, was provided broad powers within the portion of Atlantic City constituting the tourism district.

k. In 2015, the State provided transitional aid to Atlantic City, on the condition that the State would have the authority to impose oversight and operational efficiency measures pursuant to a memorandum of understanding, and the State appointed an emergency monitor to develop a plan for remedying Atlantic City’s finances.

l. Atlantic City’s financial crisis has only deepened and presently, Atlantic City is no longer able to meet all of its financial obligations and may need to shut down certain municipal operations and services for extended periods of time.

m. While the State possesses additional powers under current law that may be exercised to improve the dire situation in Atlantic City, in light of the extraordinary depth of the financial problems now plaguing Atlantic City, it is apparent that further actions are necessary to resolve the crisis in Atlantic City.

n. Washington State and Colorado have, for several years, experienced a financial windfall after establishing a comprehensive system to legalize, regulate, and heavily tax the recreational marijuana.

o. In New Jersey, the criminalization of the use of marijuana, and the entire marijuana industry, is archaic and has had a disparate, harmful impact on minority communities throughout the State, including Atlantic City.

p. Atlantic City has been the sole host of a casino industry that has provided extensive tax revenue to the local geographic area and the entire State, and the State must plan for a future in Atlantic City that caters to the market it intends to serve for the next 30 years and beyond. A well-designed and heavily regulated marijuana industry would move Atlantic City’s economy into the 21st century and provide extreme economic benefits to a new generation of Atlantic City residents and business interests, including existing hotels and casinos.

q. In recognition of the unique experience Atlantic City has had in handling a large number of tourists each year as the only municipality in the State where casino gaming is authorized, and in addition to having demonstrated its ability to host a heavily regulated industry that was once prohibited under the law, it is appropriate to allow Atlantic City the opportunity to host another unique industry, such as the marijuana industry, to help diversify the city’s financial interests.

r. Therefore, it is altogether fitting and proper that Atlantic City be considered a class unto itself, as the courts have determined in the past, allowing the Legislature to enact special provisions for the manufacture, sale, consumption, possession, and taxation of marijuana within the boundaries of Atlantic City that would help to bring Atlantic City to a sound financial condition.

3. (New section) There shall be printed on each official ballot to be used the first general election at least 60 days next after the enactment of P.L , c. (C. ) (pending before the Legislature as this bill), the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		QUESTION TO AUTHORIZE ATLANTIC CITY TO LEGALIZE AND REGULATE MARIJUANA
	YES	Do you approve allowing Atlantic City to adopt a resolution to legalize marijuana within the city pursuant to P.L , c. (C. ) (pending before the Legislature as this bill)? Marijuana would be mainly regulated by the State, with certain matters left to local control. The law would permit the commercial growth, sale, possession, consumption, and taxation of marijuana within the boundaries of Atlantic City. If the governing body of Atlantic City does not adopt a resolution approving legalization, the law will not be operational. Use and possession of marijuana would be restricted to persons 21 and older within Atlantic City.
		INTERPRETIVE STATEMENT
	NO	Voting “yes” on this ballot question would allow Atlantic City to legalize the commercial growth, sale, possession, consumption, and taxation of marijuana in Atlantic City. Marijuana in Atlantic City would be mainly regulated by the Department of Law and Public Safety. A tax would be imposed on both the commercial growth and retail sale of marijuana at the rate of 20 percent of the market price. Fifty percent of the tax money collected would be deposited in Atlantic City’s general fund. Thirty percent of the tax money collected would be deposited in the “Special Transportation Fund” to fund transportation projects. Ten percent of the tax money collected would be deposited in the "Drug Enforcement and Demand Reduction Fund." Ten percent of the tax money collected would be dedicated to programs addressing women’s health, family planning, and other public health and safety programs. Use and possession of marijuana would be restricted to persons age 21 and older within Atlantic City. The penalties for operating a vehicle under the influence of marijuana would be increased. Voting “no” on this ballot question would maintain current law in every respect.

c. Each jurisdiction may apply to the Division of Alcoholic Beverage and Marijuana Control in the Department of Law and Public Safety for the reimbursement of any costs incurred as a result of placing the question established in this section on the ballot.

d. If the voters adopt the ballot question pursuant to this section, the governing body of Atlantic City may, at any time within two years of the adoption of the ballot question, adopt a resolution authorizing the legalization and regulation of marijuana. Sections 4 through 22 of in P.L , c. (C. ) (pending before the Legislature as this bill) shall have remain inoperative unless a resolution is adopted by the governing body of Atlantic City in accordance with this subsection.

4. (New section) As used in P.L , c. (C. ) (pending before the Legislature as this bill):

"Consumer" means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by a person 21 years of age or older, but not for resale to others.

“Commercial growth” means the cultivation of marijuana plants in an authorized marijuana cultivation facility for the purpose of distribution to a marijuana product manufacturing facility.

“Division” means the Division of Alcoholic Beverage and Marijuana Control in the Department of Law and Public Safety.

“Industrial hemp" means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent on a dry weight basis.

“Marijuana" means all parts of the plant genus cannabis whether growing or not; the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant; but shall not include industrial hemp, the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

“Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

"Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not directly to consumers.

“Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store, or any business establishment, or dedicated area within a business establishment, designed specifically for the use of marijuana purchased on the premises.

“Marijuana product manufacturing facility" means a business entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

“Marijuana products" means items that are comprised of concentrated marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible goods, ointments, and tinctures.

“Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana.

“Marijuana wholesaler” means an entity, properly licensed, which sells marijuana, marijuana accessories, or marijuana products for the purpose of resale either to another licensed marijuana wholesaler or to a licensed marijuana retail store.

“Medical marijuana center" means an entity authorized by a State agency to sell marijuana and marijuana products pursuant to the "New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.).

“Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

“Unreasonably impracticable" means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment in Atlantic City cannot be considered a viable business model.

5. (New section) Notwithstanding any other provision of law, the following acts, within the boundaries of Atlantic City, are lawful and shall not be treated as an offense or a basis for seizure or forfeiture of assets under N.J.S.2C:64-1 et seq. or other applicable law, for persons 21 years of age or older:

a. Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.

b. Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possessing marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.

c. Transferring of one ounce or less of marijuana without remuneration to a person who is 21 years of age or older.

d. Consuming marijuana.

e. Assisting another person who is 21 years of age or older in any of the acts described in subsections a. through d. of this section.

6. (New section) Notwithstanding any other provision of law, the following acts, within the boundaries of Atlantic City, are lawful and shall not be an offense or a basis for seizure or forfeiture of assets under N.J.S.2C:64-1 et seq. or other applicable law for persons 21 years of age or older:

a. Manufacturing, possessing, or purchasing of marijuana accessories or selling marijuana accessories to a person who is 21 years of age or older.

b. Possessing, displaying, or transporting marijuana or marijuana products; purchasing of marijuana from a marijuana cultivation facility; purchasing of marijuana or marijuana products from a marijuana product manufacturing facility; or selling marijuana or marijuana products to consumers, if the person conducting the activities described in this subsection has obtained a current, valid license to operate a retail marijuana store or is acting in his or her capacity as an owner, employee, or agent of a licensed retail marijuana store.

c. Cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; delivering or transferring of marijuana to a marijuana testing facility; selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or purchasing marijuana from a marijuana cultivation facility, if the person conducting the activities described in this subsection has obtained a current, valid license to operate a marijuana cultivation facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana cultivation facility.

d. Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivering or transferring of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; purchasing marijuana from a marijuana cultivation facility; or purchasing marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities described in this subsection has obtained a current, valid license to operate a marijuana product manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility.

e. Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana or marijuana products if the person has obtained a current, valid license to operate a marijuana testing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana testing facility.

f. Leasing or otherwise allowing the use of property owned, occupied, or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with subsections a. through e. of this section.

7. (New section) a. Not later than six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the division shall adopt regulations necessary for implementation of this section. Such regulations shall not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. Such regulations shall include:

(1) Procedures for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment, with such procedures subject to all requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.);

(2) A schedule of application, licensing, and renewal fees, provided application fees shall not exceed $5,000, with this upper limit adjusted annually for inflation, unless the division determines a greater fee is necessary to carry out its responsibilities under this section, and provided further, an entity that is authorized pursuant to the “New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.) to cultivate or sell marijuana or to manufacture marijuana products at the time this section takes effect and that chooses to apply for a separate marijuana establishment license shall not be required to pay an application fee greater than $500 to apply for a license to operate a marijuana establishment in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);

(3) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;

(4) Security requirements for marijuana establishments;

(5) Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of 21;

(6) Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment;

(7) Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana;

(8) Restrictions on the advertising and display of marijuana and marijuana products;

(9) A requirement that only marijuana, marijuana products, and marijuana accessories are available for sale at a marijuana establishment; and

(10) Civil penalties for the failure to comply with regulations made pursuant to this section.

b. In order to ensure the most secure, reliable, and accountable system for the production and distribution of marijuana and marijuana products in accordance with this section, in any competitive application process the division shall have as a primary consideration whether an applicant:

(1) Has prior experience producing or distributing marijuana or marijuana products pursuant to the "New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.). in the State; and

(2) Has, during the experience described in paragraph (1) of this subsection, complied consistently with the "New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.) and conforming regulations.

c. In order to ensure that individual privacy is protected, the division shall not require a consumer to provide a retail marijuana store with personal information other than government-issued identification to determine the consumer’s age, and a retail marijuana store shall not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted by the holder of a Class C retail license concerning alcoholic beverages as set forth in R.S.33:1-12.

8. (New section) a. There shall be a tax levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store at a rate of 20 percent of the market price of the sale or transfer. The Department of the Treasury shall establish procedures for the collection of all taxes levied.

b. The taxes levied and collected pursuant to this section shall be allocated as follows:

(1) 50 percent of all monies collected shall be deposited in the general fund of Atlantic City.

(2) 30 percent of all monies collected shall be deposited in the “Special Transportation Fund” created by section 21 of P.L.1984, c.73 (C.27:1B-21).

(3) 10 percent of all monies collected shall be dedicated to "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.2C:35-15.

c. 10 percent of all monies collected shall be dedicated to programs addressing women’s health, family planning, postpartum depression awareness, smoking cessation, and HIV-awareness.

d. No tax established by this section shall be levied upon marijuana intended for sale at medical marijuana centers pursuant to the “New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.).

9. (New section) a. Not later than six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), Atlantic City shall adopt an ordinance or regulation specifying the local official within Atlantic City that is responsible for processing applications submitted for a license to operate a marijuana establishment within the boundaries of Atlantic City and for the issuance of such licenses should the issuance by Atlantic City become necessary because of a failure by the division to adopt regulations or because of a failure by the division to process and issue licenses.

b. Atlantic City may adopt ordinances or regulations, not in conflict with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill):

(1) Governing the time, place, manner, and number of marijuana establishment operations;

(2) Establishing procedures for the issuance, suspension, and revocation of a license issued by Atlantic City;

(3) Establishing a schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to Atlantic City in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and a licensing fee shall only be due if a license is issued by Atlantic City; and

(4) Establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in Atlantic City.

c. Atlantic City shall not prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance.

10. (New section) a. Each application for an annual license to operate a marijuana establishment shall be submitted to the division. The division shall:

(1) Begin accepting and processing applications six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) Immediately forward a copy of each application and half of the license application fee to the designated Atlantic City official;

(3) Issue an annual license to the applicant between 45 and 90 days after receipt of an application unless the division finds the applicant is not in compliance with regulations enacted pursuant to the provisions of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) or the division is notified by Atlantic City that the applicant is not in compliance with ordinances and regulations made pursuant to the provisions of section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill) and in effect at the time of application, provided, when Atlantic City has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek licenses, the division shall solicit and consider input from Atlantic City as to the city’s preference or preferences for licensure; and

(4) upon denial of an application, notify the applicant in writing of the specific reason for its denial.

b. If the division does not issue a license to an applicant within 90 days of receipt of the application filed pursuant to subsection a. of this section, and does not notify the applicant of the specific reason for its denial in writing and within such time period, or, if the division has adopted regulations pursuant to subsection a. of section 7 of P.L. , c. , (C. ) (pending before the Legislature as this bill) and has accepted applications pursuant to subsection a. of this section but has not issued any licenses by six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the applicant may resubmit its application directly to Atlantic City, and the city may issue an annual license to the applicant. Atlantic City, when issuing a license to an applicant, shall do so within 90 days of receipt of the resubmitted application, unless the city finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations in effect at the time the application is resubmitted. Atlantic City shall notify the division if an annual license has been issued to the applicant. If an application is submitted to the city under this subsection, the division shall forward to the city the application fee paid by the applicant to the division upon request by the city. A license issued by Atlantic City in accordance with this subsection shall have the same force and effect as a license issued by the division and the holder of such license shall not be subject to regulation or enforcement by the division during the term of that license. A subsequent or renewed license may be issued under this subsection on an annual basis only upon resubmission to the city of a new application submitted to the division.

c. If the division does not adopt regulations required by subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), an applicant may submit an application directly to the city six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and Atlantic City may issue an annual license to the applicant. Atlantic City, when issuing a license to an applicant shall do so within 90 days of receipt of the application, unless it finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations in effect at the time of the application and shall notify the division if an annual license has been issued to the applicant. A license issued by Atlantic City in accordance with this subsection shall have the same force and effect as a license issued by the division and the holder of such license shall not be subject to regulation or enforcement by the division during the term of that license. A subsequent or renewed license may be issued under this subsection on an annual basis if the division has not adopted regulations required by section 4 of P.L. , c. , (C. ) (pending before the Legislature as this bill) at least 90 days prior to the date upon which such subsequent or renewed license would be effective

11. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.

12. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) is intended to allow driving under the influence of marijuana or driving while impaired by marijuana or to supersede laws related to driving under the influence of marijuana or driving while impaired by marijuana.

13. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of 21 or to allow a person under the age of 21 to purchase, possess, use, transport, grow, or consume marijuana.

14. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall prohibit a person, employer, school, hospital, detention facility, corporation, or any other entity that occupies, owns or controls a property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.

15. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to:

a. Limit any privileges or rights of a medical marijuana patient, primary caregiver, or licensed entity as provided in the “New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.);

b. Permit a medical marijuana center to distribute marijuana to a person who is not a medical marijuana patient;

c. Permit a medical marijuana center to purchase marijuana or marijuana products in a manner or from a source not authorized under P.L.2009, c.307 (C.24:6I-1 et seq.);

d. Permit any medical marijuana center licensed pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.) to operate on the same premises as a retail marijuana store; or

e. Discharge the Department of Health from its duties to regulate medical marijuana pursuant to P.L.2009, c.307 (C.24:6I-1 et seq.).

16. N.J.S.2C:35-4 is amended to read as follows:

2C:35-4. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), or P.L. , c. (C. ) (pending before the Legislature as this bill), any person who knowingly maintains or operates any premises, place or facility used for the manufacture of methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, marijuana in an amount greater than five pounds or ten plants or any substance listed in Schedule I or II, or the analog of any such substance, or any person who knowingly aids, promotes, finances or otherwise participates in the maintenance or operations of such premises, place or facility, is guilty of a crime of the first degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $750,000.00 or five times the street value of all controlled dangerous substances, controlled substance analogs, gamma hydroxybutyrate or flunitrazepam at any time manufactured or stored at such premises, place or facility, whichever is greater.

(cf: P.L.1999, c.133, s.2)

17. N.J.S.2C:35-5 is amended to read as follows:

2C:35-5. Manufacturing, Distributing or Dispensing. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), or P.L. , c. (C. ) (pending before the Legislature as this bill), it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(1) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4 methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed;

(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;

(3) A substance referred to paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;

(4) A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants is guilty of a crime of the second degree;

(5) A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;

(6) Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine, or its analog, in a quantity of 10 grams or more including any adulterants or dilutants, is guilty of a crime of the first degree. Except as provided in N.J.S.2C:35-12, the court shall impose a term of imprisonment which shall include the imposition of a minimum term, fixed at, or between, one-third and one-half of the sentence imposed by the court, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed;

(7) Lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine, or its analog, in a quantity of less than 10 grams including any adulterants or dilutants, or where the amount is undetermined, is guilty of a crime of the second degree;

(8) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;

(9) (a) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or more but less than five ounces including any adulterants or dilutants is guilty of a crime of the second degree;

(b) Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;

(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;

(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; (12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree;

(13) Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

(14) Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed.

c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possession with intent to distribute was committed within the applicable statute of limitations.

(cf: P.L.2000, c.136, s.1)

18. Section 1 of P.L.1987, c.101 (C.2C:35-7) is amended to read as follows:

1. Except as authorized by P.L. , c. (C. ) (pending before the Legislature as this bill):

a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment. Where the violation involves less than one ounce of marijuana, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole. In all other cases, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $150,000 may also be imposed upon any conviction for a violation of this section.

b. (1) Notwithstanding the provisions of N.J.S.2C:35-12 or subsection a. of this section, the court may waive or reduce the minimum term of parole ineligibility required under subsection a. of this section or place the defendant on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2. In making this determination, the court shall consider:

(a) the extent of the defendant's prior criminal record and the seriousness of the offenses for which the defendant has been convicted;

(b) the specific location of the present offense in relation to the school property, including distance from the school and the reasonable likelihood of exposing children to drug-related activities at that location;

(d) whether children were present at or in the immediate vicinity of the location when the offense took place.

(2) The court shall not waive or reduce the minimum term of parole ineligibility or sentence the defendant to probation if it finds that:

(a) the offense took place while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or while on any school bus; or

(b) the defendant in the course of committing the offense used or threatened violence or was in possession of a firearm.

If the court at sentencing elects not to impose a minimum term of imprisonment and parole ineligibility pursuant to this subsection, imposes a term of parole ineligibility less than the minimum term prescribed in subsection a. of this section, or places the defendant on probation for a violation of subsection a. of this section, the sentence shall not become final for 10 days in order to permit the prosecution to appeal the court's finding and the sentence imposed. The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding whether to appeal a decision to waive or reduce the minimum term of parole ineligibility or place the defendant on probation.

Nothing in this subsection shall be construed to establish a basis for overcoming a presumption of imprisonment authorized or required by subsection d. of N.J.S.2C:44-1, or a basis for not imposing a term of imprisonment or term of parole ineligibility authorized or required to be imposed pursuant to subsection f. of N.J.S.2C:43-6 or upon conviction for a crime other than the offense set forth in this subsection.

d. It shall be no defense to a prosecution for a violation of this section that the actor was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property. Nor shall it be a defense to a prosecution under this section, or under any other provision of this title, that no juveniles were present on the school property at the time of the offense or that the school was not in session.

e. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

f. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of the school property. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

(cf: P.L.2009, c.192, s.1)

19. Section 1 of P.L.1997, c.327 (C.2C:35-7.1) is amended to read as follows:

1. Except as authorized by P.L. , c. (C. ) (pending before the Legislature as this bill):

a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana.

b. It shall be no defense to a prosecution for violation of this section that the actor was unaware that the prohibited conduct took place while on or within 500 feet of a public housing facility, a public park, or a public building.

c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme). Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of N.J.S.2C:35-7 or any other offense defined in this chapter.

d. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit, and that the prohibited conduct did not involve distribution to a person 17 years of age or younger. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

e. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 500 feet of a public housing facility which is owned by or leased to a housing authority according to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), the area in or within 500 feet of a public park, or the area in or within 500 feet of a public building, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within 500 feet of a public housing facility, a public park, or a public building. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

f. As used in this act:

"Public housing facility" means any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.

"Public park" means a park, recreation facility or area or playground owned or controlled by a State, county or local government unit.

"Public building" means any publicly owned or leased library or museum.

(cf: P.L.1997, c.327, s.1)

20. N.J.S.2C:35-10 is amended to read as follows:

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.), or except as authorized by P.L. , c. (C. ) (pending before the Legislature as this bill). Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;

(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;

(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation 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. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

(cf: P.L.1997, c.181, s.6)

21. Section 3 of P.L.1948, c.439 (C.52:17B-3) is amended to read as follows:

3. There is hereby established in the Department of Law and Public Safety a Division of Law, a Division of State Police, a Division of Alcoholic Beverage and Marijuana Control, a Division of Motor Vehicles, a Division of Weights and Measures and a Division of Professional Boards.

The Attorney General shall have the authority to organize and maintain in his offices an Administrative Division and to assign to employment therein such secretarial, clerical and other assistants in the department as his office and the internal operations of the department shall require.

(cf: P.L.1948, c.439, s.3)

22. R.S.39:4-50 is amended to read as follows:

39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

(1) For the first offense:

(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

(iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

(2) For a second violation, a person shall be subject to a fine of not less than $500 nor more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.

A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%.

If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).

A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

(b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Mental Health and Addiction Services' Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Division of Mental Health and Addiction Services' Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit.

(c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.

(d) The chief administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.

(e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey.

(f) The counties, in cooperation with the Division of Mental Health and Addiction Services and the commission, but subject to the approval of the Division of Mental Health and Addiction Services, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Mental Health and Addiction Services.

Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply.

Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75 for the first offender program or a per diem fee of $100 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of Health in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator.

The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.

(g) When a violation of this section occurs while:

(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; [or]

(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution ; or

(4) under the influence of marijuana purchased in Atlantic City in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) , the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.

It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(h) A court also may order a person convicted pursuant to subsection (a) of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department:

(1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers;

(2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or

(3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers.

As used in this section, "appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant.

If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage.

The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection.

(i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $125, of which amount $50 shall be payable to the municipality in which the conviction was obtained, $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund, and $25 which shall be payable as follows: in a matter where the summons was issued by a municipality's law enforcement agency, to that municipality to be used for the cost of equipping police vehicles with mobile video recording systems pursuant to the provisions of section 1 of P.L.2014, c.54 (C.40A:14-118.1); in a matter where the summons was issued by a county's law enforcement agency, to that county; and in a matter where the summons was issued by a State law enforcement agency, to the General Fund.

(cf: P.L.2014, c.54, s.2).

23. This act shall take effect immediately, provided, however, that sections 4 through 22 shall become operative only upon the adoption of the ballot question established in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) by a majority of the voters of the State voting in the general election and the subsequent approval, by resolution, of the governing body of Atlantic city.

STATEMENT

This bill, the “Providing Opportunities for Tomorrow in Atlantic City Act,” would place a question on the ballot to authorize Atlantic City to legalize the commercial growth, sale, possession, consumption, and taxation of marijuana within the boundaries of Atlantic City.

The bill specifies that, if the ballot question is adopted by the voters of the State, and a resolution approving the law is adopted by the governing body of Atlantic City, the commercial growth, sale, possession, consumption, and taxation of marijuana within the boundaries of Atlantic would be legalized and heavily regulated. The Division of Alcoholic Beverage Control in the Department of Law and Public Safety would be renamed the Division of Alcoholic Beverage and Marijuana Control and would be charged with implementing a regulatory scheme with respect to the marijuana industry in Atlantic City.

Atlantic City would also be empowered to adopt ordinances or regulations, not in conflict with the provisions of the bill, addressing the following issues:

-- governing the time, place, manner and number of marijuana establishment operations;

-- establishing procedures for the issuance, suspension, and revocation of a license issued by the city;

-- establishing a schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to the city in accordance with the provisions of the bill and a licensing fee shall only be due if a license is issued by the city; and

-- establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in Atlantic City.

Under the bill, penalties for driving under the influence of marijuana purchased in Atlantic City would be increased to include a mandatory one year license suspension for a first offense. Use and possession of marijuana would be restricted to persons age 21 and older within Atlantic City.

The bill establishes a tax levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store at a rate of 20 percent. The Department of the Treasury would establish procedures for the collection of all taxes levied. Monies would be deposited in the general fund of Atlantic City, the State "Special Transportation fund" for the purpose of funding transportation projects, and programs supporting public health initiatives.