A5342

An Act addressing the possession, consumption, or distribution of various forms of cannabis, amending the title and body of P.L.1979, c.264, and supplementing chapter 33 of Title 2C of the New Jersey Statutes.

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

1. The title of P.L.1979, c.264 is amended to read as follows:

An Act concerning certain [alcoholic beverage and cannabis item] offenses by persons under the legal age to purchase [alcoholic beverages and cannabis] various regulated items, and supplementing chapter 33 of Title 2C of the New Jersey Statutes.

(cf: P.L.2021, c. , s.72)

2. Section 1 of P.L.1979, c.264 (C.2C:33-15) is amended to read as follows:

1. a. (1) Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a petty disorderly persons offense, and shall, in the case of an adult under the legal age to purchase alcoholic beverages, be fined not less than $250.

(2) (a) Any person under the legal age to purchase cannabis items who knowingly possesses without legal authority marijuana, hashish, or any cannabis item, the amount of which may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to section 46 [.] of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), in any school, public conveyance, public place, or place of public assembly, or motor vehicle [, is guilty of a pettydisorderly persons offense, and] shall [, in the case of an adult under the legal age to purchase cannabis items,] be [fined not less than $250] subject to a civil penalty of $50, which shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), except that a person under the age of 18 years who violates this subparagraph shall not be subject to a civil penalty but instead shall be subject to a point-of-violation warning or juvenile intervention, as defined in this section, and which is conducted in the same manner as an action referred to as a curbside warning or stationhouse adjustment, respectively, would be conducted in accordance with Attorney
General Law Enforcement Directive No. 2020-12 as if the violation were to constitute a petty disorderly persons offense, without the filing of a complaint with the court. The municipal court that has territorial jurisdiction over the violation and the Superior Court shall both have jurisdiction of proceedings for the enforcement of the civil penalty provided by this subparagraph.

The odor of marijuana, hashish, cannabis, or cannabis item, or burnt marijuana, hashish, cannabis, or cannabis item, shall not constitute reasonable articulable suspicion to initiate a search of a person to determine a violation of this subparagraph. A person who violates this subparagraphshall not be subject to arrest, detention, or otherwise be taken into custody except to the extent required for a juvenile intervention as permitted by this subparagraph, unless the person is being arrested, detained, or otherwise taken into custody for also committing another violation of law for which that action is legally permitted or required.

(b) Any person under the legal age to purchase cannabis items who knowingly possesses without legal authority marijuana, hashish, or any cannabis item, the amount of which exceeds what may be lawfully possessed by a person of the legal age to purchase cannabis items pursuant to section 46 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), or who knowingly consumes any marijuana, hashish, or cannabis item in any school, public conveyance, public place, or place of public assembly, or motor vehicle [, is guilty of a disorderly persons offense, and] shall [, in the case of an adult under the legal age to purchase cannabis items,] be [fined not less than $500] subject to a civil penalty of $100, which shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), except that a person under the age of 18 years who violates this subparagraph shall not be subject to a civil penalty but instead shall be subject to a point-of-violation warning or juvenile intervention, as defined in this section, and which is conducted in the same manner as an action referred to as a curbside warning or stationhouse adjustment, respectively, would be conducted in accordance with Attorney General Law Enforcement Directive No. 2020-12 as if the violation were to constitute a disorderly persons offense, without the filing of a complaint with the court. The municipal court that has territorial jurisdiction over the violation and the Superior Court shall both have jurisdiction of proceedings for the enforcement of the civil penalty provided by this subparagraph.

“Juvenile intervention” means a mechanism that allows law enforcement agencies to resolve a violation of either subparagraph by a person under the age of 18 years without formal court proceedings. A juvenile intervention, which shall be memorialized in a signed agreement, establishes one or more conditions that the person shall meet in exchange for the law enforcement agency declining to pursue a formal delinquency complaint against the person.

“Point-of-violation warning” means a brief, informal interaction between a law enforcement officer and a person under the age of 18 years who the officer observed engage in a violation of either subparagraph. During the interaction, the officer shall counsel the person to discontinue the conduct, warn the person about the potential consequences of future delinquency, and then conclude the interaction without taking any further action. For the purposes of this definition, a point-of-violation warning does not include interactions between a person under the age of 18 years and a school resource officer or other law enforcement officer assigned to a school, as those interactions are governed by other statutes, and policies and practices established between schools and law enforcement agencies. A point-of-violation warning shall also be used for a first violation of subparagraph (b) of paragraph (12) of subsection b. of N.J.S.2C:35-5 concerning the manufacturing, distributing or dispensing, or possessing or having under control with intent to manufacture, distribute or dispense, marijuana or hashish for an offender of any age.

(ii) Point-of-violation warnings and juvenile interventions conducted pursuant to subparagraph (a) or (b) of paragraph (2) of subsection a. of this section shall be reported to the Attorney General in the same manner as curbside adjustments and stationhouse warnings, respectively, and shall be included in the statistical reporting compiled and made available by the Attorney General pursuant to Attorney General Law Enforcement Directive No. 2020-12. The Attorney General, in accordance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall biannually issue a report detailing the statistics compiled and made available pursuant to Attorney General Law Enforcement Directive No. 2020-12. The initial report shall be issued by June 30, 2021, and every six months thereafter.

b. Whenever [this offense] a violation of subsection a. of this section is committed in a motor vehicle, the court shall, in addition to the sentence authorized [for the offense] under that subsection, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of finding of guilt of any person under this section, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the 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.

If the person convicted or found guilty under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the commission the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general [penalty] penalties prescribed [for a disorderly persons offense] under this section, the court may require any person who violates [this act] paragraph (1) of subsection a. of this section for possession or consumption of an alcoholic beverage to participate in an alcohol or drug abuse education or treatment program, authorized by the Division of Mental Health and Addiction Services in the Department of Human Services, for a period not to exceed [the maximum period of confinement prescribed by law for the offense for which the individual has been convicted] 30 days.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; and nothing in this section shall apply to possession of cannabis items by any such person while actually engaged in the performance of employment by a cannabis establishment, distributor, or delivery service as permitted pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance,and Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21).

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.

f. An underage person and one or two other persons shall be immune from prosecution under this section if:

(1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption , or the consumption of marijuana, hashish, or a cannabis item;

(2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

(3) the underage person was the first person to make the 9-1-1 report; and

(4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

The underage person who received medical assistance also shall be immune from prosecution under this section.

g. For purposes of this section, an alcoholic beverage includes powdered alcohol as defined by R.S.33:1-1, [and] a cannabis item includes any item available for lawful consumption pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance,and MarketplaceModernization Act,” P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), and the terms “marijuana” and “hashish” have the same meaning as set forth in N.J.S.2C:35-2.

(cf: P.L.2021, c. , s.73)

3. 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.), 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 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 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 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 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 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 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 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) (a) Prior to the effective date of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), 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 may be imposed;

(b) On and after the effective date of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), marijuana in a quantity of more than one ounce but less than five pounds including any adulterants or dilutants, or hashish in a quantity of more than five grams 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 may be imposed;

(12) (a) Prior to the effective date of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five gramsincluding any adulterants or dilutants, is guilty of a crime of the fourth degree;

(b) On and after the effective date of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), marijuana in a quantity of one ounce or less including any adulterants or dilutants, or hashish in a quantity of five grams or less including any adulterants or dilutants, is, for a first offense, subject to a [written] point-of-violation warning, as defined in section 1 of P.L.1979, c.264 (C.2C:33-15), which also [indicates] includes a written indication that any subsequent violation is a crime punishable by a term of imprisonment, a fine, or both, and for a second or subsequent offense, is guilty of a crime of the fourth degree;

(i)The odor of marijuana or hashish, or burnt marijuana or hashish, shall not constitute reasonable articulable suspicion to initiate a search of a person to determine a violation of subparagraph (b) ofparagraph (12) of this subsection. A person who violates this subparagraphshall not be subject to arrest, detention, or otherwise be taken into custody, unless the person is being arrested, detained, or otherwise taken into custody for also committing another violation of law for which that action is legally permitted or required;

(ii)A person shall not be deprived of any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law solely by reason of committing a violation of subparagraph (b) of paragraph (12) of this subsection, nor shall committing one or more violations modify any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law, including, but not limited to, the granting, renewal, forfeiture, or denial of a license, permit, or certification, qualification for and the receipt, alteration, continuation, or denial of any form of financial assistance, housing assistance, or other social services, rights of or custody by a biological parent, or adoptive or foster parent, or other legal guardian of a child or newborn infant, or pregnant woman, in any action or proceeding by the Division of Child Protection and Permanency in the Department of Children and Families, or qualification, approval, or disapproval to serve as a foster parent or other legal guardian;

(iii)Point-of-violation warnings conducted pursuant subparagraph (b) of paragraph (12) of subsection b. of this section shall be reported to the Attorney General in the same manner as actions referred to as curbside adjustments pursuant to Attorney General Law Enforcement Directive No. 2020-12, and this reporting may also include information for use in determining whether a person who violates this subparagraph had previously been subjected to a point-of-violation warning for a prior violation of this subparagraph, provided that the information may be used for that purpose only and shall not be included in the statistical reporting compiled and made available by the Attorney General in accordance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and pursuant to Attorney General Law Enforcement Directive No. 2020-12.

(iv) All local and county law enforcement authorities shall, following the submission process used for the uniform crime reporting system established by P.L.1966, c.37 (C.52:17B-5.1 et seq.), submit a quarterly report to the Uniform Crime Reporting Unit, within the Division of State Police in the Department of Law and Public Safety, or to another designated recipient determined by the Attorney General, containing the number of second or subsequent violations of subparagraph (b) of paragraph (12) of this subsection committed within their respective jurisdictions, plus the race, ethnicity, gender, and age of each person committing a violation, and the disposition of each person’s violation. These violations and associated information, along with a quarterly summary of violations investigated, and associated information collected, by the Division of State Police for the same period shall be summarized by county and municipality in an annual report, and both quarterly summaries and annual reports shall be made available at no cost to the public on the Division of State Police’s Internet website;

(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 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 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, other than with respect to a first violation of subparagraph (b) of paragraph (12) of subsection b. of this section which is subject to a written point-of-violation warning as set forth in that subparagraph. 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.2021, c. , s.55)

4. (New section) a. The Attorney General shall biannually issue a comprehensive report detailing the statistics for the previous six-month period on all point-of-violation warnings and juvenile interventions conducted pursuant section 1 of P.L.1979, c.264 (C.2C:33-15) for violations of that section involving underage possession or consumption of marijuana, hashish, or cannabis items, which were compiled and made available in accordance with that section and pursuant to Attorney General Law Enforcement Directive No. 2020-12. The initial report shall be issued by June 30, 2021, and every six months thereafter. Each report shall also be submitted to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

b. (1) A taskforce shall be established in the Department of Law and Public Safety, comprised of 26 members to review each report, and make recommendations thereon to the Governor and Legislature related to law enforcement activities to address the enforcement of underage possession or consumption of marijuana, hashish, or cannabis items in violation of section 1 of P.L.1979, c.264 (C.2C:33-15), as well as the broader issue of underage possession or consumption of these substances.

(2) The membership of the taskforce shall include the following individuals:

(a) the Attorney General, or a designee;

(b) the Public Defender, or a designee;

(d) the Commissioner of Education, or a designee;

(e) a representative from the Juvenile Justice Commission, appointed by the Governor;

(f) a representative from the Division of Criminal Justice in the Department of Law and Public Safety, appointed by the Governor;

(g) the Chair of the Governor’s Juvenile Justice Delinquency and Prevention Committee;

(h) two members appointed by the Governor upon the recommendation of the President of the Senate;

(i) two members appointed by the Governor upon the recommendation of the Speaker of the General Assembly;

(j) a Judge of the Superior Court, who is currently assigned to the Chancery Division, Family Part for juvenile delinquency matters, to be chosen by the Administrative Director of the Courts;

(k) a representative from the New Jersey Institute for Social Justice, appointed by the Governor;

(l) a representative from the American Civil Liberties Union of New Jersey, appointed by the Governor;

(m) a representative from the County Prosecutors Association of New Jersey who is actively and presently involved in juvenile matters, appointed by the Governor;

(n) a representative from the New Jersey Juvenile Officers Association, appointed by the Governor;

(o) one representative each from the Annie E. Casey Foundation and Vera Institute of Justice, both appointed by the Governor;

(p) a representative of the NAACP New Jersey State Conference, appointed by the Governor;

(q) a representative of Salvation and Social Justice, appointed by the Governor;

(r) a representative from the County Youth Services Commission Administrators, appointed by the Governor;

(s) a representative from the faith-based ethical community in New Jersey, appointed by the Governor;

(t) a representative of an employee organization representing employees who work at juvenile justice facilities, appointed by the Governor; and

(u) three representatives who have been involved with the New Jersey juvenile justice system, appointed by the Governor, including at least one representative of a non-profit organization that deals with juvenile justice issues and at least one individual who has been subject to the custody of the juvenile justice system.

(3) All members appointed by the Governor shall serve at the pleasure of the Governor. Any vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made.

(4) Members of the task force shall serve without compensation, but shall be reimbursed for necessary expenditures incurred in the performance of their duties as members of the task force within the limits of funds appropriated or otherwise made available to the task force for its purposes.

(5) The task force shall organize as soon as practicable following the appointment of its members. The task force shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the task force.

(6) The Department of Law and Public Safety shall provide such stenographic, clerical, and other administrative assistants, and such professional staff as the task force requires to carry out its work.

5. This act shall take effect immediately, but shall not become operable until P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21) takes effect.

STATEMENT

This bill would revise the consequences associated with the underage possession or consumption of illegal marijuana or hashish, or legalized cannabis items which may only be lawfully possessed by persons 21 years of age or older pursuant to Article IV, Section VII, paragraph 13 of the New Jersey Constitution and the enabling legislation to establish a legal, regulated cannabis marketplace, the Second Reprint of Assembly Bill No. 21, which passed both Houses of the Legislature on December 17, 2020. It also addresses, for persons of any age, the written warning to be issued by law enforcement officers for a small amount marijuana or hashish distribution first offense, as created by that bill.

The bill would make the underage possession of marijuana, hashish, or a cannabis item a civil penalty of $50 for persons who are between 18 and 20 years of age, if the amount possessed is what a person of legal age could lawfully possess (determined based on the lawful possession of one ounce (28.35 grams) or less of useable cannabis, the equivalent amount in a cannabis product in solid, liquid, or concentrate form, or 5 grams or less of cannabis resin, per section 46 of the Second Reprint of Assembly Bill No. 21). For the underage possession of more than what a person of legal age could lawfully possess, or any consumption of marijuana, hashish, or cannabis item, the civil penalty for persons who are between 18 and 20 years of age would be set at $100

The civil penalty would be recovered in a summary proceeding in the name of the municipality pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Both the municipal court with territorial jurisdiction over an underage possession violation and the Superior Court would have jurisdiction of proceedings for the enforcement of a civil penalty.

These same courts, for a violation involving alcohol, would also have enforcement jurisdiction, if so ordered by the court, concerning a person’s participation in an alcohol or drug abuse education or treatment program as set forth in the section. Such education or treatment would not exceed 30 days, which is the same as the maximum period of confinement a person could face for committing an alcohol-related violation, which is graded as a petty disorderly persons offense.

For a person under the age of 18 years who committed a possession or consumption violation, such person would instead be subject to a law enforcement “point-of-violation warning” or “juvenile intervention.” These would be conducted in the same manner as a juvenile interaction referred to as a “curbside warning” or “stationhouse adjustment,” respectively, would be conducted, which are done in accordance with Attorney General Law Enforcement Directive No. 2020-12 as if the violation were to constitute a petty disorderly persons offense, when the amount possessed is what a person of legal age could lawfully possess, and as if the violation were to constitute a disorderly persons offense, when the amount possessed is more than what a person of legal age could lawfully possess or when the violation involved consumption, without the filing of a complaint.

A “point-of-violation warning” is defined in the bill as “a brief, informal interaction between a law enforcement officer and a person under the age of 18 years who the officer observed engage in a violation . . . . During the interaction, the officer shall counsel the person to discontinue the conduct, warn the person about the potential consequences of future delinquency, and then conclude the interaction without taking any further action.” This type of warning would also be used for a first offender of any age for violating subparagraph (b) of paragraph (12) of subsection b. of N.J.S.2C:35-5 for manufacturing, distributing, or dispensing, or having under control with intent to manufacture, distribute, or dispense one ounce or less of marijuana or five grams or less of hashish. Such warning would be reported to the Attorney General in the same manner as curbside adjustments pursuant to Attorney General Law Enforcement Directive No. 2020-12, and this reporting could also include information for use in determining whether a person had previously been subjected to a point-of-violation warning to determine a second or subsequent offense, which is a crime of the fourth degree (punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both).

The more involved option for a “juvenile intervention” with a person under the age of 18 years is defined in the bill as “a mechanism that allows law enforcement agencies to resolve a violation . . . without formal court proceedings. A juvenile intervention, which shall be memorialized in a signed agreement, establishes one or more conditions that the person shall meet in exchange for the law enforcement agency declining to pursue a formal delinquency complaint against the person.” Should a person fail to abide by an agreement, the person could be charged with the commission of a delinquent act that was considered to be the equivalent of a petty disorderly persons offense for possession of an amount that a person of legal age could lawfully possess, or, for violations involving possession of more than what a person of legal age could lawfully possess or for consumption, a disorderly persons offense.

When considering a search of an underage person in order to make a determination as to whether that person committed a possession or consumption violation, the odor of marijuana, hashish, cannabis, or cannabis item, or burnt marijuana, hashish, cannabis, or cannabis item would not constitute reasonable articulable suspicion to initiate the search. Also, unless an underage person’s actions involved another violation of law, the underage person who committed a possession or consumption violation would not be subject to arrest, detention, or otherwise taken into custody except to the extent required to interact with the person, if under 18 years of age, for a law enforcement juvenile intervention.

Additionally the bill establishes an immunity from prosecution for: any underage person in need of medical assistance due to the consumption of marijuana of hashish; the underage person who called 9-1-1 to get that person assistance; and up to two other persons acting in concert with the underage person who made the call. This immunity is the same immunity already provided for situations involving the underage consumption of alcohol, and expanded to the underage consumption of cannabis items by the recently passed legislation.

Finally, the bill requires the Attorney General to issue comprehensive reports biannually detailing the statistics for the previous six-month period on all point-of-violation warnings and juvenile interventions described above for violations involving underage possession or consumption of marijuana, hashish, or cannabis items. These statistics would be compiled and made available by the Attorney General in the same manner as curbside adjustments and stationhouse warnings are compiled and made available, both in accordance with the bill and pursuant to Attorney General Law Enforcement Directive No. 2020-12. The initial report would be issued by June 30, 2021, and every six months thereafter. A taskforce would be established in the Department of Law and Public Safety, comprising of 26 ex-official members and members appointed by the Governor representing law enforcement, juvenile justice interests, and community and non-profit groups to review each report, and make recommendations thereon to the Governor and Legislature related to law enforcement activities to address the enforcement of underage possession or consumption of marijuana, hashish, or cannabis items, as well as the broader issue of underage possession or consumption of these substances.