Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Addresses underage possession or consumption of various forms of cannabis, including legal consequences for such activities set forth in legislation passed by both Houses of Legislature.
CURRENT VERSION OF TEXT
As introduced.
An Act addressing possession or consumption of various forms of cannabis by certain persons, and amending and supplementing various parts of the statutory law.
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 is between 18 years of age and under 21 years of age, and who knowingly possesses without legal authority or who knowingly consumes 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 petty disorderly 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 up to $50 based upon a probable cause finding of a violation by a law enforcement officer, which shall be recovered in a summary proceeding before either the municipal court having jurisdiction or the Superior Court in the name of the State pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The penalty shall be remitted to the State Treasurer for deposit in the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32), and used to fund community services, including resources that serve persons with alcohol use disorder and persons with a substance use disorder as well as educational programs, through annual county-level comprehensive plans that may incorporate government programs and services, and private organizations, including volunteer groups, prepared in accordance with section 4 of P.L.1983, c.531 (C.26:2B-33).
(b) Any person under the legal age to purchase cannabis items who is under 18 years of age, and who knowingly possesses without legal authority or who knowingly consumes 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 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 the following consequences:
(i) for a first violation, a written warning issued by a law enforcement officer to the underage person. The written warning shall include the person’s name, address, and date of birth, and a copy of the warning containing this information, plus a description of the relevant facts and circumstances that support the officer’s determination of probable cause that the person committed the violation, shall be temporarily maintained in accordance with this section only for the purposes of determining a second or subsequent violation subject to the consequences set forth in subsubparagraph (ii) or (iii) of this subparagraph. Notwithstanding the provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) concerning written notification of a violation of this section to the parent, guardian or other person having legal custody of the underage person, a written notification shall not be provided pursuant to that section for a first violation of this subparagraph.
(ii) for a second violation, a written warning issued by a law enforcement officer to the underage person indicating that a second violation has occurred, which includes the person’s name, address, and date of birth, and a written notification concerning the second violation, along with a copy of the written warning for the person’s first violation, shall be provided to the parent, guardian or other person having legal custody of the underage person in accordance with section 3 of P.L.1991, c.169 (C.33:1-81.1a). The written notification shall include a referral to a public or private agency or organization included in a county-level comprehensive plan used to fund community services prepared in accordance with section 4 of P.L.1983, c.531 (C.26:2B-33) that can assist with opportunities to access further social services, including counseling, tutoring programs, mentoring services, and faith-based or other community initiatives. A copy of the second written warning to the underage person, and the written notification to the parent, guardian or other person having legal custody of the underage person concerning the second warning, plus a description of the relevant facts and circumstances that support the officer’s determination of probable cause that the person committed the second violation, shall be temporarily maintained in accordance with this section only for the purposes of determining a subsequent violation subject to the consequences set forth in subsubparagraph (iii) of this subparagraph.
(iii) for a third or subsequent violation based upon a probable cause finding by a law enforcement officer, a civil penalty of up to $50 or the performance of community service in lieu of payment of the penalty, which may be imposed without requiring a finding that a person does not have the ability to pay the penalty in full, notwithstanding the provisions of section 1 of P.L.2009, c.317 (C.2B:12-23.1), and a written notification concerning the third or subsequent violation shall be provided to the parent, guardian or other person having legal custody of the underage person in accordance with section 3 of P.L.1991, c.169 (C.33:1-81.1a). Whenever the civil penalty is imposed, it shall be recovered in a summary proceeding before either the municipal court having jurisdiction or the Superior Court in the name of the State pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The penalty shall be remitted to the State Treasurer for deposit in the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32), and used to fund community services, including resources that serve persons with alcohol use disorder and persons with a substance use disorder as well as educational programs, through annual county-level comprehensive plans that may incorporate government programs and services, and private organizations, including volunteer groups, prepared in accordance with section 4 of P.L.1983, c.531 (C.26:2B-33). Whenever community service is imposed by the court in lieu of payment of the civil penalty, the value of each hour of service shall be considered to be not less than the State minimum wage established by the “New Jersey State Wage and Hour Law,” P.L.1966, c.113 (C.34:11-56a et seq.), or federal minimum wage established by 29 U.S.C. s.206, or any successor State or federal law, whichever wage is higher, and the community service imposed shall not exceed $50 in value. In addition to the imposition of a civil penalty or community service, the court shall include a referral to a public or private agency or organization included in a county-level comprehensive plan used to fund community services prepared in accordance with section 4 of P.L.1983, c.531 (C.26:2B-33) that can assist with opportunities to access further social services, including counseling, tutoring programs, mentoring services, and faith-based or other community initiatives. All law enforcement and court records concerning the disposition of a third or subsequent violation shall be temporarily maintained in accordance with this section only to the extent necessary to enforce a civil penalty or community service imposed by the court, and the court’s referral for treatment and other assistance, as well as for the purposes of determining a subsequent violation subject to the consequences set forth in this subsubparagraph.
(c) (i) A person under the legal age to purchase cannabis items is not capable of giving lawful consent to a search to determine a violation of this section, and a law enforcement officer shall not request that a person consent to a search for that purpose.
(ii) 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 an investigatory stop of a person, nor shall it constitute probable cause to initiate a search of a person or that person’s personal property to determine a violation of paragraph (2) of this subsection. Additionally, the unconcealed possession of an alcoholic beverage, marijuana, hashish, or cannabis item in violation of paragraph (1) or (2) of this subsection, observed in plain sight by a law enforcement officer, shall not constitute probable cause to initiate a search of a person or that person’s personal property to determine any further violation of either paragraph or any other violation of law.
(d) A person under the legal age to purchase cannabis items who violates paragraph (2) of this subsection for possessing or consuming marijuana, hashish, or a cannabis item shall not be subject to arrest, and shall not be subject to detention or otherwise be taken into custody by a law enforcement officer except to the extent required to issue a written warning, provide notice of a violation to a parent, guardian or other person having legal custody of the underage person in accordance with section 3 of P.L.1991, c.169 (C.33:1-81.1a), or issue a summons for a third or subsequent violation, 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.
(e) Consistent with the provisions of subsection c. of section 1 of P.L.2020, c.129 (C.40A:14-118.5), the video and audio recording functions of a law enforcement officer’s body worn camera, as defined in that section, shall be activated whenever the law enforcement officer is responding to a call for service related to a violation or suspected violation of paragraph (2) of this subsection for possessing or consuming marijuana, hashish, or a cannabis item, or at the initiation of any other law enforcement or investigative encounter between an officer and a person related to a violation or suspected violation of that paragraph, and shall remain activated until the encounter has fully concluded and the officer leaves the scene of the encounter; provided, however, that the video and audio recording functions of a body worn camera shall not be deactivated pursuant to subparagraph (a) of paragraph (2) of subsection c. of P.L.2020, c.129 (C.40A:14-118.5), based on a request to deactivate the camera by a person who is the subject of a responsive call for service or law enforcement or investigative encounter related to a violation or suspected violation of paragraph (2) of this subsection.
(f) As part of the process for the issuance of a written warning to a person for a violation of subparagraph (b) of paragraph (2) of this subsection based upon probable cause, the law enforcement officer may take possession of any marijuana, hashish, or cannabis item from the person, and any drug or cannabis paraphernalia for use with the marijuana, hashish, or cannabis item. The existence and description of the marijuana, hashish, or cannabis item, and any drug or cannabis paraphernalia shall be included in the relevant facts and circumstances catalogued in the determination of probable cause record temporarily maintained in accordance with this section to determine subsequent possession or consumption violations, and the enforcement of court dispositions. Any marijuana, hashish, cannabis item, or drug or cannabis paraphernalia obtained by the law enforcement officer shall either be destroyed or secured for use in law enforcement training or educational programs in accordance with applicable law and directives issued by the Attorney General.
(g) With respect to any violation of subparagraph (b) of paragraph (2) of this subsection concerning the possession or consumption of marijuana, hashish, or any cannabis item:
(i) a person under the legal age to purchase cannabis items shall not be photographed or fingerprinted, notwithstanding any provisions of section 2 of P.L.1982, c.79 (C.2A:4A-61) to the contrary;
(ii) any copy of any written warning issued to a person under the legal age to purchase cannabis items, written notification provided to the person’s parent, guardian or other person having legal custody in accordance with section 3 of P.L.1991, c.169 (C.33:1-81.1a), or record pertaining to a third or subsequent violation subject to a summary proceeding for imposition of a civil penalty or community service shall be segregated and maintained in a separate physical location or electronic repository or database from any other records maintained by a law enforcement agency, and reported to the Attorney General in a manner so that they are similarly segregated and maintained in a separate physical location or electronic repository or database from other law enforcement records accessible to the Attorney General and State and local law enforcement agencies, and shall not be transferred to or copied and placed in any other physical location or electronic repository or database containing any other law enforcement records. These records shall only be used to the extent necessary to determine a subsequent violation of subparagraph (b) of paragraph (2) of this subsection or enforce a civil penalty or community service imposed by a court, and shall not be revealed, reviewed, or considered in any manner with respect to any current or subsequent juvenile delinquency matter, including but not limited to, a charge, filing, eligibility or decision for diversion or discharge, or sentencing, other disposition, or related decision affecting the juvenile, or with respect to any current or subsequent prosecution for committing an offense or other violation of law, including but not limited to, a charge, filing, eligibility or decision for diversion or discharge, or sentencing, other disposition, or related decision affecting an adult under 21 years of age. Also, these records shall be deemed confidential and shall not be subject to public inspection or copying pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), and their existence shall not be acknowledged based upon any inquiry in the same manner as if the records were expunged records pursuant to the provisions of subsection a. of N.J.S.2C:52-15.
The Attorney General may use the records to generate the number of occurrences and other statistics concerning first, second, third and subsequent violations of subparagraph (b) of paragraph (2) of this subsection, the municipal, county or other geographic areas within which first, second, third and subsequent violations occur, and the law enforcement agencies involved in first, second, third and subsequent violations, which are to be 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). The identity of any person named in a record shall not be revealed or included in the information to be compiled and made available in accordance with that section.
The records of violations shall only be maintained temporarily and shall be destroyed or permanently deleted as set forth in subsubparagraph (iii) of this subparagraph; and
(iii) all of the records maintained by a law enforcement agency and reported to the Attorney General as described in subsubparagraph (ii) of this subparagraph shall be destroyed or permanently deleted by the law enforcement agency and Attorney General on the second anniversary following the creation of the record concerning a violation, or not later than the last day of the month in which that second anniversary date falls, except that a record shall be maintained upon request by the person named in the record or representative thereof, the law enforcement officer who made the record, or the law enforcement agency currently maintaining the record if it involves a law suit, disciplinary complaint, or criminal prosecution arising from the violation described in the record, based on an assertion that the record has evidentiary or exculpatory value. Upon final disposition of the matter for which the extended record retention was requested, the record shall be destroyed or permanently deleted.
b. Whenever [this offense] a violation of paragraph (1) of subsection a. of this section concerning the possession or consumption of an alcoholic beverage is committed in a motor vehicle, the court shall, in addition to the sentence authorized [for the offense] under that paragraph, 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. Any participation in an alcohol or drug abuse education or treatment program by a person who violates paragraph (2) of subsection a. of this section for possession or consumption of marijuana, hashish, or a cannabis item shall be addressed in accordance with that paragraph.
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 Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), the terms “marijuana” and “hashish” have the same meaning as set forth in N.J.S.2C:35-2, and the terms “drug paraphernalia” and “cannabis paraphernalia” have the same meaning as set forth in N.J.S.2C:36-1 and section 3 of P.L. , c. (C. ) (passed both Houses on December 17, 2020 as Second Reprint of Assembly Bill No. 21), respectively.
(cf: P.L.2021, c. , s.73)
3. (New section) a. (1) The Attorney General shall biannually issue a comprehensive report detailing the number of occurrences and other statistics, without revealing or including any personal identifying information, concerning first, second, third and subsequent violations of subparagraph (b) of paragraph (2) of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15) involving the possession or consumption of marijuana, hashish, or cannabis items by persons under the legal age to purchase cannabis items, the municipal, county or other geographic areas within which first, second, third and subsequent violations occur, and the law enforcement agencies involved in first, second, third and subsequent violations, covering the previous six-month period. The initial report shall be issued by June 30, 2021, the second report shall be issued by January 30, 2022, and then the next report issued 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).
(2) The Attorney General shall also make available to the task force established pursuant to subsection b. of this section for their periodic review, all body worn camera recordings of law enforcement officers responding to a call for service related to a violation or suspected violation of paragraph (2) of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15), or at the initiation of any other law enforcement or investigative encounter between and officer and a person related to a violation or suspected violation of that paragraph, which recordings are required to be made in accordance with subparagraph (e) of that paragraph. The identity of any person included in a recording reviewed by the task force shall be kept confidential by the members of the task force and any staff provided to the task force by the Department of Law and Public Safety pursuant to paragraph (6) of subsection b. of this section to support its work.
b. (1) A taskforce shall be established in the Department of Law and Public Safety, comprised of 26 members to review each Attorney General report and any requested amount of law enforcement body worn camera recordings described in subsection a. of this section, 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;
(c) the Commissioner of the Department of Children and Families, 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, at least one of whom shall be a member of the Legislative Black Caucus or Legislative Latino Caucus, determined in coordination with the members recommended by the Speaker of the General Assembly pursuant to subparagraph (i) of this paragraph, so that there is at least one member of each caucus serving as a member of the task force;
(i) two members appointed by the Governor upon the recommendation of the Speaker of the General Assembly, at least one of whom shall be a member of the Legislative Black Caucus or Legislative Latino Caucus, determined in coordination with the members recommended by the Senate President pursuant to subparagraph (h) of this paragraph, so that there is at least one member of each caucus serving as a member of the task force;
(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, other than the members of the Legislature recommended for appointment, shall serve at the pleasure of the Governor. The members of the Legislature shall serve on the task force during their elective term of office. 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.
4. Section 41 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) is amended to read as follows:
41. Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund.
a. All fees and penalties collected by the commission, and all tax revenues on retail sales of cannabis items, and all tax revenues collected pursuant to the provisions of the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.), except for amounts credited to the Property Tax Reform Account in the Property Tax Relief Fund pursuant to paragraph 7 of Section I of Article VIII of the New Jersey Constitution, as well as all revenues, if any, collected for the Social Equity Excise Fee pursuant to section 39 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), shall be deposited in a special nonlapsing fund which shall be known as the “Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund [.] ,” with 15 percent of the monies deposited being placed into an account within the fund to be known as the “Underage Deterrence and Prevention Account.”
b. Monies in the fund, other than any monies derived from the Social Equity Excise Fee to be appropriated annually in accordance with subsection d. of this section and the monies placed into the “Underage Deterrence and Prevention Account” within the fund for the commission to fund programs and services in accordance with subsection e. of this section, shall be appropriated annually as follows:
(1) at least 70 percent of all tax revenues on retail sales of cannabis items shall be appropriated for investments, including through grants, loans, reimbursements of expenses, and other financial assistance, in municipalities defined as an “impact zone” pursuant to section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), as well as provide direct financial assistance to qualifying persons residing therein as recommended by the commission; and
(2) the remainder of the monies in the fund shall be appropriated by the Legislature to include the following:
(a) to oversee the development, regulation, and enforcement of activities associated with the personal use of cannabis pursuant to P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), and assist with assuming responsibility from the Department of Health for the further development and expansion, regulation, and enforcement of activities associated with the medical use of cannabis pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.);
(b) to reimburse the expenses incurred by any county or municipality for the training costs associated with the attendance and participation of a police officer from its law enforcement unit, as those terms are defined in section 2 of P.L.1961, c.56 (C.52:17B-67), in a program provided by an approved school, also defined in that section, which trains and certifies the police officer, including a police officer with a working dog as that term is defined in section 1 of P.L.2006, c.88 (C.10:5-29.7), as a Drug Recognition Expert for detecting, identifying, and apprehending drug-impaired motor vehicle operators, and pay for the same training costs incurred by the Division of State Police in the Department of Law and Public Safety for the training of a State police officer or trooper, including an officer or trooper with a working dog, as a Drug Recognition Expert, as well as its costs in furnishing additional program instructors to provide Drug Recognition Expert training to police officers, troopers, and working dogs. A municipality or county seeking reimbursement shall apply to the commission, itemizing the costs, with appropriate proofs, for which reimbursement is requested and provide a copy of the certificate issued to the police officer to indicate the successful completion of the program by the police officer, and that officer’s working dog, if applicable; and
(c) for further investments, including through grants, loans, reimbursements of expenses, and other financial assistance, in municipalities defined as an “impact zone” pursuant to section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), as well as provide direct financial assistance to qualifying persons residing therein as recommended by the commission.
The monies appropriated pursuant to paragraph (1) of this subsection shall be offset by any revenue constitutionally dedicated to municipalities defined as an “impact zone” pursuant to section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21).
c. Any remaining available monies, after the appropriation of those monies in the fund in accordance with subsection b. of this section, shall be deposited in the State’s General Fund.
d. (1) (a) Not less than 60 days prior to the first day of each State fiscal year, the commission shall consult and make recommendations to the Governor and Legislature for making social equity appropriations based upon the amount of any revenues collected during the current fiscal year for the Social Equity Excise Fee pursuant to section 39 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), or, if the commission has not imposed or adjusted the excise fee in the current fiscal year pursuant to that section, then appropriations to be made from the General Fund in an amount equal to the revenues that would have been collected had it imposed or adjusted the fee, in order to invest, through grants, loans, reimbursements of expenses, and other financial assistance, in private for-profit and non-profit organizations, public entities, including any municipality defined as an “impact zone” pursuant to section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), as well as provide direct financial assistance to qualifying persons as determined by the commission, in order to create, expand, or promote educational and economic opportunities and activities, and the health and well-being of both communities and individuals.
(b) Not less than 30 days prior to submitting its recommendations to the Governor and Legislature pursuant to subparagraph (a) of this paragraph, the commission shall hold at least three regional public hearing throughout the State, with at least one hearing in the northern, central, and southern regions of the State, to solicit the public input on the social equity investments to be made as described in this section.
(2) The commission’s recommendations to the Governor and Legislature may include, but are not limited to, recommending investments in the following categories of social equity programs:
(a) educational support, including literacy programs, extended learning time programs that endeavor to close the achievement gap and provide services for enrolled students after the traditional school day, GED application and preparedness assistance, tutoring programs, vocational programming, and financial literacy;
(b) economic development, including the encouragement and support of community activities so as to stimulate economic activity or increase or preserve residential amenities, and business marketing, and job skills and readiness training, specific employment training, and apprenticeships;
(c) social support services, including food assistance, mental health services, substance use disorders treatment and recovery, youth recreation and mentoring services, life skills support services, and reentry and other rehabilitative services for adults and juveniles being released from incarceration; and
(d) legal aid for civil and criminal cases.
(3) The commission may also, subject to the annual appropriations act, recommend that it retain a portion of the Social Equity Excise Fee to administer startup grants, low-interest loans, application fee assistance, and job training programs through the commission’s Office of Minority, Disabled Veterans and Women Cannabis Business Development established by section 32 of P.L.2019, c.153 (24:6I-25).
(4) Prior to the first day of each fiscal year, the Legislature shall provide to the commission a statement which lists the investments, including the investment recipients and investment amount, to be made by appropriations as set forth in paragraph (1) of this subsection based upon recommendations presented to the Governor and Legislature pursuant to paragraphs (1) through (3) of this subsection, and how the investment is intended to support and advance social equity as described in this subsection.
e. The monies deposited in the “Underage Deterrence and Prevention Account” within the fund shall be used by the commission, based on the acceptance of applications submitted on a form and through an approval or denial process promulgated by the commission, to fund private for-profit and non-profit organizations, and county and municipal programs and services that offer social services, educational, recreational, and employment opportunities, and local economic development designed to encourage, improve, and support youthful community activities to divert and prevent persons under 18 years of age from activities associated with the consumption of cannabis items, or marijuana or hashish.
(cf: P.L.2021, c. , s.41)
5. (New section) a. A person who is not otherwise subject to the penalty provisions for a licensed cannabis establishment, distributor, or delivery service, or agent or employee thereof, for selling or otherwise providing a cannabis item to a person under 21 years of age as set forth in section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), shall not, either directly or indirectly by an agent or employee, sell, offer for sale, distribute for commercial purpose or otherwise at no cost or minimal cost or with coupons or rebate offers, give, or furnish, any cannabis item as defined in section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) to a person under 21 years of age.
b. A person who violates the provisions of subsection a. of this section who actually sells or otherwise provides a cannabis item to a person under 21 years of age, shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24), or authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. The establishment of all of the following shall constitute a defense to any action brought pursuant to subsection a. of this section:
(1) that the purchaser or the recipient of the cannabis item falsely represented, by producing a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, a photographic identification card issued by a county clerk, or other form of government-issued identification described in subparagraph (a) of paragraph (6) of subsection a. of section 18 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), that the purchaser or recipient was of legal age to make the purchase or receive the cannabis item;
(2) that the appearance of the purchaser or recipient was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to make the purchase or receive the cannabis item; and
(3) that the sale or distribution was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was of legal age to make the purchase or receive the sample.
d. A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 3 of P.L.1999, c.90 (C.2C:33-13.1).
6. (New Section) The Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24) and the Commissioner of Health are authorized to coordinate and enforce the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) with respect to the prohibition on the sale or distribution of cannabis items, as defined in section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), to persons under 21 years of age. The commission, or commissioner, or both, may delegate the enforcement authority provided in this section to local health agencies, subject to the availability of sufficient funding. The commission, in consultation with the commissioner, shall report on the enforcement program's progress, results of enforcement efforts, and other matters the commission deems appropriate in the commission’s annual report on personal use cannabis activities that is prepared pursuant to paragraph (3) of subsection a. of section 14 of P.L.2009, c.307 (C.24:6I-12).
7. The title of P.L.1995, c.304 is amended to read as follows:
An Act concerning penalties for the sale and distribution of [tobacco] certain regulated products to persons under the age of [18] 21 years, amending N.J.S.2A:170-51 and P.L.1987, c.423, and supplementing chapter 170 of Title 2A of the New Jersey Statutes.
(cf: P.L.1995, c.304, title)
8. Section 3 of P.L.1995, c.304 (C.2A:170-51.1) is amended to read as follows:
3. A person 21 years of age or older who purchases a tobacco product or cannabis item as defined section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) for a person who is under 21 years of age is a petty disorderly person.
(cf: P.L.2017, c.118, s.1)
9. Section 3 of P.L.1999, c.90 (C.2C:33-13.1) is amended to read as follows:
3. a. A person who sells or gives to a person under 21 years of age any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco, or any electronic smoking device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product, or any cannabis item as defined in section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), including an employee of a retail dealer licensee under P.L.1948, c.65 (C.54:40A-1 et seq.) or employee of a licensed cannabis establishment, cannabis distributor, or cannabis delivery service under P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), who actually sells or otherwise provides a tobacco product [or] , electronic smoking device , or cannabis item to a person under 21 years of age, shall be punished by a fine as provided for a petty disorderly persons offense. A person who has been previously punished under this section and who commits another offense under it may be punishable by a fine of twice that provided for a petty disorderly persons offense.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser or recipient of the tobacco product [or] , electronic smoking device , or cannabis item falsely represented, by producing [either] a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, [or] a photographic identification card issued by a county clerk, or other form of government-issued identification described in subparagraph (a) of paragraph (6) of subsection a. of section 18 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), that the purchaser or recipient was of legal age to purchase or receive the tobacco product [or] , electronic smoking device, or cannabis item;
(2) that the appearance of the purchaser or recipient of the tobacco product [or] , electronic smoking device , or cannabis item was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to purchase or receive the tobacco product [or] , electronic smoking device , or cannabis item; and
(3) that the sale or distribution of the tobacco product [or] , electronic smoking device , or cannabis item was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was of legal age to purchase or receive the tobacco product [or] , electronic smoking device , or cannabis item .
c. A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 1 of P.L.2000, c.87 (C.2A:170-51.4) concerning tobacco products or electronic smoking devices, or section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) or section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning cannabis items.
(cf: P.L.2017, c.118, s.3)
10. Section 46 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) is amended to read as follows:
46. Personal Use of Cannabis Items.
Notwithstanding any other provision of law, the following acts are not unlawful 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, provided the acts are consistent with the relevant definitions set forth in section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), and when an act involves a cannabis item, it was first obtained directly from a licensed cannabis retailer or delivered by a licensed cannabis delivery service making delivery of a purchase order fulfilled by that licensed cannabis retailer for off-premises delivery, evidenced by it being in its original packaging or by a sales slip, invoice, receipt, or other statement or memorandum:
a. Possessing, displaying, purchasing, or transporting: cannabis paraphernalia; one ounce (28.35 grams) or less of useable cannabis; the equivalent of one ounce (28.35 grams) or less of usable cannabis as a cannabis product in solid, liquid, or concentrate form, based upon an equivalency calculation for different product forms set by the Cannabis Regulatory Commission, established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24), in its regulations, and for which the commission may utilize research conducted in other states on the issue of product equivalency calculations when setting this equivalency; or 5 grams (0.176 ounce) or less of cannabis resin. Possessing, displaying, purchasing, or transporting at any one time any amount of any cannabis items described herein in an amount greater than as permitted pursuant to this subsection shall be considered a violation of the “Comprehensive Drug Reform Act of 1987,” P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and subject the person to prosecution as if the person possessed, displayed, purchased, or transported marijuana or hashish in violation of that act;
b. Transferring without remuneration: one ounce (28.35 grams) or less of useable cannabis; the equivalent of one ounce (28.35 grams) or less of usable cannabis as a cannabis product in solid, liquid, or concentrate form, based upon the equivalency calculation for different product forms set by the commission pursuant to subsection a. of this section; or five grams (0.176 ounce) or less of cannabis resin to a person who is of legal age for purchasing cannabis items, provided that such transfer is for non-promotional, non-business purposes. Transferring at any one time any amount of any cannabis items described herein in an amount greater than as permitted pursuant to this subsection [, or to a person who is not of legal age to purchase cannabis items,] shall be considered a violation of the “Comprehensive Drug Reform Act of 1987,” P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and subject the person to prosecution as if the person distributed marijuana or hashish in violation of that act [, unless the transfer] . Transferring to a person who is not of legal age that was done by a cannabis establishment, distributor, or delivery service licensed pursuant to P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), or an employee or agent thereof, [in which case it] or by any other person, is [a civil violation and the] subject to a civil penalty as set forth in subsection b. of section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) [shall apply] or section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), as applicable, and a fine as set forth in section 3 of P.L.1999, c.90 (C.2C:33-13.1);
c. Taking delivery of or consuming a lawfully possessed cannabis item, provided that nothing in this section shall permit a person to smoke, vape, or aerosolize any cannabis item in a public place. This prohibition includes the smoking, vaping, or aerosolizing of a cannabis item in any public place pursuant to law that prohibits the smoking of tobacco, including N.J.S.2C:33-13 and the “New Jersey Smoke-Free Air Act,” P.L.2005, c.383 (C.26:3D-55 et seq.), and any indoor public place, as that term is defined in section 3 of P.L.2005, c.383 (C.26:3D-57), or portion thereof, even if the smoking of tobacco is otherwise permitted in that place or portion thereof pursuant to the “New Jersey Smoke-Free Air Act”; except that the smoking, vaping, or aerosolizing of a cannabis item shall be permitted in a cannabis consumption area as set forth in section 28 of P.L.2019, c.153 (C.24:6I-21), and may be permitted by the person or entity that owns or controls a hotel, motel, or other lodging establishment as defined in section 1 of P.L.1967, c.95 (C.29:4-5) in up to 20 percent of its guest rooms. The smoking, vaping, or aerosolizing of a cannabis item may also be prohibited or otherwise regulated in multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), as decided by the person or entity that owns or controls the multifamily housing, or prohibited or otherwise regulated in the structure or specific units of the structure of a cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3) by the corporation or other legal entity that owns the structure, or prohibited or otherwise regulated in the units of a condominium, as those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), if approved by the association for the condominium and a majority of all of the condominium’s unit owners, as those terms are defined in that section. Except as otherwise provided by P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), any penalties that may be assessed for the smoking of tobacco where prohibited under the “New Jersey Smoke-Free Air Act” shall be applicable to the smoking, vaping, or aerosolizing of cannabis items where prohibited. Concerning the consumption of any cannabis item, other than by smoking, vaping, or aerosolizing: a person or entity that owns or controls a property, other than multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the structure or specific units of the structure of a cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3), a unit of a condominium, as those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102), which site is leased to the owner of a manufactured home, as defined in that section, that is installed thereon, may prohibit or otherwise regulate the consumption of cannabis items on or in that property, including a casino hotel facility as defined in section 19 of P.L.1977, c.110 (C.5:12-19) with respect to a hotel property, a casino as defined in section 6 of P.L.1977, c.110 (C.5:12-6), or casino simulcasting facility authorized pursuant to the “Casino Simulcasting Act,” P.L.1992, c.19 (C.5:12-191 et al.); and a municipality may enact an ordinance making it an unlawful act for any person 21 years of age or older to consume, other than by smoking, vaping, or aerosolizing, any cannabis item in a public place, including any indoor public place as that term is defined in section 3 of P.L.2005, c.383 (C.26:3D-57), or portion thereof, and providing a civil penalty for a violation in accordance with section 77 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21); and
d. Assisting another person to engage in any of the acts described in subsections a. through c. of this section, provided that the person being assisted is of legal age to purchase cannabis items and the assistance being provided is without remuneration.
(cf: P.L.2021, c. , s.46)
11. Section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21) is amended to read as follows:
64. Prohibition of Persons Under the Legal Age Purchasing Cannabis or Cannabis Resin.
Consistent with the relevant definitions set forth in section 3 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21):
a. A cannabis establishment licensee, cannabis distributor licensee, or cannabis delivery service licensee, either directly or indirectly by an agent or employee, shall not sell, offer for sale, distribute for commercial purpose at no cost or minimal cost, or give or furnish for consumption, any cannabis items to a person under 21 years of age.
b. Any licensee or employee or agent of a licensee who [allows] violates subsection a. of this section who sells or otherwise provides a person under [the age of] 21 [to procure] years of age cannabis items which, pursuant to section 46 of P.L. , c. (C. ) (passed both Houses of the Legislature as Second Reprint of Assembly Bill No. 21) are [not unlawful] lawful for persons 21 years of age or older to procure for personal use, shall be subject to a civil penalty of not less than $250 for the first violation; $500 for the second violation; and $1,000 for the third and each subsequent violation; a penalty imposed pursuant to this subsection shall be in addition [subject] to any penalty that may be imposed pursuant to section 3 of P.L.1999, c.90 (C.2C:33-13.1). Subject to a hearing, a licensee’s license may also be revoked, suspended, or otherwise limited. The penalties provided for in this subsection shall be recovered by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. The establishment of all of the following facts by a licensee, employee, or agent, allowing any such person under [the age of] 21 years of age to procure cannabis items shall constitute a defense to any violation of the provisions of subsection a. [or b.] of this section:
(1) That the purchaser or recipient of the cannabis item falsely represented that the purchaser or recipient was of legal age to make the purchase or receive the cannabis item, by producing a driver’s license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, a photographic identification card issued by a county clerk, or other form of government-issued identification [card as set forth] described in subparagraph (a) of paragraph (6) of subsection a. of section 18 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), to determine the consumer’s identity and age; [and]
(2) That the appearance of the purchaser or recipient was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to purchase or receive the cannabis item; and
(3) That the sale or distribution was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was actually of legal age to make the purchase or receive the cannabis item.
d. [It shall be unlawful for a] A person under [the age of] 21 [to] years of age shall not purchase, acquire, or attempt to purchase or acquire a cannabis item, even if the cannabis item may be legally purchased by persons at or above the legal age for purchasing cannabis items.
For purposes of this subsection, purchasing a cannabis item includes accepting a cannabis item, and acquiring a cannabis item incudes consuming a cannabis item.
e. [It shall be unlawful for a] A person under [the age of] 21 [to] years of age shall not present or offer to a cannabis establishment, distributor, or delivery service, or the cannabis establishment’s, distributor’s, or delivery service’s agent or employee, any written or oral evidence of age or other personal identifying information that is false, fraudulent, or not actually the person’s own, including the use of a driver’s license or other government-issued form of identification in violation of section 1 of P.L.1983, c.565 (C.2C:21-2.1), N.J.S.2C:21-17, section 5 of P.L.2003, c.184 (C.2C:21-17.2), or section 6 of P.L.1968, c.313 (C.33:1-81.7), for the purpose of:
(1) Purchasing, attempting to purchase, or otherwise procuring or attempting to procure cannabis items; or
(2) Gaining access to a cannabis establishment’s, distributor’s, or delivery service’s premises.
f. Except as permitted by the commission by rule or regulation, or as necessary on an emergency basis, a person under legal age for purchasing cannabis items may not enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of persons under legal age for purchasing cannabis items, unless accompanied by and supervised by a parent or legal guardian.
g. [Any person under the legal age to purchase cannabis, who knowingly possesses without legal authority or who knowingly consumes any cannabis item, in any school, public conveyance, public place, place of public assembly, or motor vehicle, shall be guilty of an offense as set forth in section 1 of P.L.1979, c.264 (C.2C:33-15). Any person under the legal age to purchase cannabis, who knowingly possesses without legal authority or who knowingly consumes, any cannabis item on private property shall be guilty of a municipal violation as set forth in section 1 of P.L.2000, c.33 (C.40:48-1.2).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
h. The prohibitions of this section do not apply to a person under the legal age for purchasing cannabis items who is acting under the direction of the commission or under the direction of State or local law enforcement agencies for the purpose of investigating possible violations of the laws prohibiting the sale of cannabis items to persons who are under the legal age for purchasing cannabis items.
i. The prohibitions of this section do not apply to a person under the legal age for purchasing cannabis items who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of cannabis items to persons who are under the legal age for purchasing cannabis items.
(cf: P.L.2021, c. , s.64)
12. Section 1 of P.L.1983, c.565 (C.2C:21-2.1) is amended to read as follows:
1. a. A person who knowingly sells, offers or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer or expose for sale, or otherwise transfer, a document, printed form or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the second degree.
b. A person who knowingly makes, or possesses devices or materials to make, a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the second degree.
c. A person who knowingly exhibits, displays or utters a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the third degree. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent the person’s age for the purpose of obtaining tobacco, cannabis item, or other consumer product denied to persons under 21 years of age shall not [, except as otherwise set forth in this subsection,] constitute an offense under this subsection if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another. [If a person used the personal identifying information of another to misrepresent the person’s age for the purpose of illegally obtaining any cannabis item available for lawful consumption pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses of the Legislature as Second Reprint of Assembly Bill No. 21), the person shall be subject to a civil penalty of $50. The civil penalty provided for in this subjection shall be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A civil penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general use of the municipality.]
d. A person who knowingly possesses a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the fourth degree. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco, cannabis item, or other consumer product denied to persons under 21 years of age shall not [, except as otherwise set forth in this subsection,] constitute an offense under this subsection if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another. [If the personal identifying information of another is used to obtain any cannabis item available for lawful consumption pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses of the Legislature as Second Reprint of Assembly Bill No. 21), the person shall be subject to a civil penalty of $50. The penalty provided for in this subjection shall be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general use of the municipality.]
e. In addition to any other disposition authorized by this Title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that may be ordered for an adjudication of delinquency, and, notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, every person convicted of, or adjudicated delinquent or penalized for a violation of any offense defined in this section shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed. In the case of any person who at the time of the imposition of the sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension or postponement.
The court before whom any person is convicted of, or adjudicated delinquent or penalized for a violation of any offense defined in this section shall collect forthwith the New Jersey driver's license or licenses of that person and forward the license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. The report shall include the complete name, address, date of birth, eye color and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, 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 is the holder of a driver's license from another jurisdiction, the court shall not collect the license, but shall notify forthwith the director who shall notify the appropriate officials in that licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privileges in this State.
In addition to any other condition imposed, a court, in its discretion, may suspend, revoke or postpone the driving privileges of a person admitted to supervisory treatment under N.J.S.2C:36A-1 or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.
(cf: P.L.2021, c. , s.65)
13. N.J.S.2C:21-17 is amended to read as follows:
2C:21-17. Impersonation; Theft of identity; crime.
a. A person is guilty of a crime if the person engages in one or more of the following actions by any means including, but not limited to, the use of electronic communications or an Internet website:
(1) Impersonates another or assumes a false identity and does an act in such assumed character or false identity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(2) Pretends to be a representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(3) Impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;
(4) Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent himself as another person, without that person's authorization and with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person; or
(5) Impersonates another, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services. Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services.
As used in this section:
"Benefit" means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value.
b. (Deleted by amendment, P.L.2005, c.224).
c. A person who violates subsection a. of this section is guilty of a crime as follows:
(1) If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree; or
(2) If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree; or
(3) If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree.
d. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent the person’s age for the purpose of obtaining tobacco, cannabis item, or other consumer product denied to persons under 21 years of age shall not [, except as otherwise set forth in this subsection,] constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another. [If a person used the personal identifying information of another to misrepresent the person’s age for the purpose of illegally obtaining any cannabis item available for lawful consumption pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses of the Legislature as Second Reprint of Assembly Bill No. 21), the person shall be subject to a civil penalty of $50. The civil penalty provided for in this subjection shall be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A civil penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general use of the municipality.]
e. The sentencing court shall issue such orders as are necessary to correct any public record or government document that contains false information as a result of a theft of identity. The sentencing court may provide restitution to the victim in accordance with the provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).
(cf: P.L.2021, c. , s.66)
14. Section 5 of P.L.2003, c.184 (C.2C:21-17.2) is amended to read as follows:
5. a. A person is guilty of a crime of the second degree if, in obtaining or attempting to obtain a driver's license, birth certificate or other document issued by a governmental agency which could be used as a means of verifying a person's identity, age or any other personal identifying information, that person knowingly exhibits, displays or utters a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency or which belongs or pertains to a person other than the person who possesses the document.
b. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense.
c. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco, cannabis item, or other consumer product denied to persons under 21 years of age shall not [, except as otherwise set forth in this subsection,] constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another. [If the personal identifying information of another is used to obtain any cannabis item available for lawful consumption pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses of the Legislature as Second Reprint of Assembly Bill No. 21), the person shall be subject to a civil penalty of $50. The civil penalty provided for in this subjection shall be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. A civil penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general use of the municipality.]
(cf: P.L.2021, c. , s.67)
15. (New section) a. (1) The Police Training Commission in the Department of Law and Public Safety shall adopt a training course regarding law enforcement interactions with persons under the lawful age to purchase cannabis items based upon the legalization of a personal use cannabis marketplace pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Second Reprint of Assembly Bill No. 21), the decriminalization of marijuana and hashish pursuant to P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Third Reprint of Assembly Committee Substitute for Assembly Bill Nos. 1897 and 4269), and the enforcement of violations of applicable statutes associated with the underage possession or consumption of marijuana, hashish, or cannabis items pursuant to those enactments and the companion enactment, P.L. , c. (C. ) (pending before the Legislature as this bill), and which includes the recognition of and methods to address and avoid racial disparities and implicit bias, and means for interacting with vulnerable juvenile populations. The training course shall be administered by the employing agency as part of the in-service training provided to each local police officer in each law enforcement unit operating in this State.
(2) Prior to being appointed to permanent status as a local police officer in a law enforcement unit, an individual shall be required to complete the training course adopted under paragraph (1) of this subsection. Every local police officer appointed prior to the effective date of this section shall, within 18 months of that effective date, satisfactorily complete a training course on law enforcement interactions as described in paragraph (1) of this subsection.
(3) The Police Training Commission shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.
b. Within 45 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Attorney General shall prepare a notice explaining the provisions of the enactments set forth in paragraph (1) of subsection a. of this section pertaining to persons under the lawful age to purchase cannabis items and the of violations of applicable statutes associated with the underage possession or consumption of marijuana, hashish, or cannabis items, and transmit the notice to the chief or director of every municipal police department, every municipal prosecutor, every county prosecutor, and the Superintendent of the New Jersey State Police. The notice shall be disseminated to every law enforcement officer and shall be re-enforced at roll calls and academy service training and continuing education programs so as to ensure that all officers and prosecutors are educated of their responsibilities under the relevant enactments.
16. This act shall take effect immediately.
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, titled the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” which passed both Houses of the Legislature on December 17, 2020. Additionally, it addresses penalties for person who wrongfully supply legalized cannabis items to underage persons, funding for programs and services to help deter and prevent underage possession and consumption of cannabis items, or illegal marijuana or hashish, and revised training for law enforcement officers concerning interactions with underage persons regarding such activities.
Underage Possession or Consumption
The bill would make the underage possession or consumption of marijuana, hashish, or any cannabis item a civil penalty of up to $50 for persons between 18 years of age and under 21 years of age. The penalty would be recovered in a summary proceeding before either the municipal court having jurisdiction or the Superior Court in the name of the State pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The penalty shall be remitted to the State Treasurer for deposit in the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32), and used to fund community services, including resources that serve persons with alcohol use disorder and persons with a substance use disorder as well as educational programs, through annual county-level comprehensive plans that may incorporate government programs and services, and private organizations, including volunteer groups, prepared in accordance with section 4 of P.L.1983, c.531 (C.26:2B-33).
For a person under the age of 18 years who committed a possession or consumption violation, such person would be subject to the following consequences:
- for a first violation, a written warning issued by a law enforcement officer to the underage person. The written warning would include the person’s name, address, and date of birth, and a copy of the warning containing this information, plus a description of the relevant facts and circumstances that support the officer’s determination of probable cause that the person committed the violation, would be temporarily maintained in accordance with the bill only for the purposes of determining a second or subsequent violation
- for a second violation, a written warning issued by a law enforcement officer to the underage person indicating that a second violation has occurred, which includes the person’s name, address, and date of birth, and a written notification concerning the second violation, along with a copy of the written warning for the person’s first violation, would be provided to the parent, guardian or other person having legal custody of the underage person in accordance with section 3 of P.L.1991, c.169 (C.33:1-81.1a). The written notification would include a referral to a public or private agency or organization included in a county-level comprehensive plan used to fund community services prepared in accordance with section 4 of P.L.1983, c.531 (C.26:2B-33) that can assist with opportunities to access further social services, including counseling, tutoring programs, mentoring services, and faith-based or other community initiatives. A copy of the second written warning with a description of the relevant facts and circumstances that support the officer’s determination of probable cause that the person committed the second violation, would be temporarily maintained in accordance with the bill only for the purposes of determining a third or subsequent violation.
- for a third or subsequent violation based upon a probable cause finding by a law enforcement officer, a civil penalty of up to $50 or the performance of community service in lieu of payment of the penalty, and a written notification concerning the third or subsequent violation would be provided to the parent, guardian or other person having legal custody of the underage person in accordance with section 3 of P.L.1991, c.169 (C.33:1-81.1a). Whenever the civil penalty was imposed, it would be recovered in a summary proceeding in either municipal court or the Superior Court and, like the civil penalty imposed on a person over 18 years of age, would be remitted to the State Treasurer for deposit in the Alcohol Education, Rehabilitation and Enforcement Fund, and used to fund community services, including resources that serve persons with alcohol use disorder and persons with a substance use disorder as well as educational programs, through annual county-level comprehensive plans that may incorporate government programs and services, and private organizations, including volunteer groups. Whenever community service was imposed by the court in lieu of payment of the civil penalty, the value of each hour of service would be considered to be not less than the State minimum wage established by the “New Jersey State Wage and Hour Law,” P.L.1966, c.113 (C.34:11-56a et seq.), or federal minimum wage established by 29 U.S.C. s.206, or any successor State or federal law, whichever wage is higher, and the community service imposed could not exceed $50 in value. In addition, for a third or subsequent violation, the court would include a referral to a public or private agency or organization included in a county-level comprehensive plan as described above. All law enforcement and court records concerning the disposition of a third or subsequent violation would be temporarily maintained in accordance with the bill only to the extent necessary to enforce a civil penalty or community service imposed by the court, and the court’s referral for treatment and other assistance, as well as for the purposes of determining a subsequent violation.
A person under the legal age to purchase cannabis items would not be capable, under the provisions of the bill, of giving lawful consent to a search to determine an underage possession or consumption violation, and a law enforcement officer would not be permitted to request that a person consent to a search for that purpose.
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 an investigatory stop of a person, nor would it constitute probable cause to initiate a search of a person or that person’s personal property to determine an underage possession or consumption violation. Additionally, the unconcealed, underage possession of an alcoholic beverage, marijuana, hashish, or cannabis item, observed in plain sight by a law enforcement officer, would not constitute probable cause to initiate a search of a person or that person’s personal property to determine any further unlawful possession or consumption violation or any other violation of law.
A person under the legal age to purchase cannabis items who commits a violation for possessing or consuming marijuana, hashish, or a cannabis item would not be subject to arrest, and would not be subject to detention or otherwise be taken into custody by a law enforcement officer except to the extent required to issue a written warning, provide notice of a violation to a parent, guardian or other person having legal custody of the underage person, or issue a summons for a third or subsequent violation, 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.
Consistent with the provisions of subsection c. of section 1 of P.L.2020, c.129 (C.40A:14-118.5), the video and audio recording functions of a law enforcement officer’s body worn camera, as defined in that section, would be required to be activated whenever the law enforcement officer is responding to a call for service related to an underage possession or consumption violation or suspected violation, or at the initiation of any other law enforcement or investigative encounter between an officer and a person related to a violation or suspected violation, and would be required to remain activated until the encounter has fully concluded and the officer leaves the scene of the encounter.
As part of the process for the issuance of a written warning to a person for a violation pursuant to the bill based upon probable cause, the law enforcement officer could take possession of any marijuana, hashish, or cannabis item from the person, and any drug or cannabis paraphernalia for use with the marijuana, hashish, or cannabis item. The existence and description of the marijuana, hashish, or cannabis item, and any drug or cannabis paraphernalia would be included in the relevant facts and circumstances catalogued in the determination of probable cause record temporarily maintained in accordance with bill. Any marijuana, hashish, cannabis item, or drug or cannabis paraphernalia obtained by the law enforcement officer would either be destroyed or secured for use in law enforcement training or educational programs in accordance with applicable law and directives issued by the Attorney General.
With respect to any violation concerning the underage possession or consumption of marijuana, hashish, or any cannabis item:
- a person under the legal age to purchase cannabis items shall not be photographed or fingerprinted, notwithstanding any provisions of section 2 of P.L.1982, c.79 (C.2A:4A-61) to the contrary;
- any copy of any written warning issued to a person under the legal age to purchase cannabis items, written notification provided to the person’s parent, guardian or other person having legal custody, or record pertaining to a third or subsequent violation subject to a summary proceeding for imposition of a civil penalty or community service would be segregated and maintained in a separate physical location or electronic repository or database from any other records maintained by a law enforcement agency, and reported to the Attorney General in a manner so that they are similarly segregated and maintained in a separate physical location or electronic repository or database from other law enforcement records accessible to the Attorney General and State and local law enforcement agencies, and could not be transferred to or copied and placed in any other physical location or electronic repository or database containing any other law enforcement records. These records would only be used, as previously described, to the extent necessary to determine a subsequent underage possession or consumption violation or enforce a civil penalty or community service imposed by a court.
Such records would not be revealed, reviewed, or considered in any manner with respect to any current or subsequent juvenile delinquency matter, including but not limited to, a charge, filing, eligibility or decision for diversion or discharge, or sentencing, other disposition, or related decision affecting the juvenile, or with respect to any current or subsequent prosecution for committing an offense or other violation of law, including but not limited to, a charge, filing, eligibility or decision for diversion or discharge, or sentencing, other disposition, or related decision affecting an adult under 21 years of age. Also, these records shall be deemed confidential and shall not be subject to public inspection or copying pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), and their existence shall not be acknowledged based upon any inquiry in the same manner as if the records were expunged records pursuant to the provisions of subsection a. of N.J.S.2C:52-15.
The Attorney General could use the records to generate the number of occurrences and other statistics concerning first, second, third and subsequent violations, the municipal, county or other geographic areas within which first, second, third and subsequent violations occur, and the law enforcement agencies involved in first, second, third and subsequent violations, which would to be compiled and made publicly available by the Attorney General in biannual reports, with the first such report scheduled to be issued by June 30, 2021, the second one issued by January 30, 2022, and then the next report issued every six months thereafter. The identity of any person named in a record would not be revealed or included in the information to be compiled and made available.
All of the records maintained by a law enforcement agency and reported to the Attorney General would be destroyed or permanently deleted by the law enforcement agency and Attorney General on the second anniversary following the creation of the record concerning a violation, or not later than the last day of the month in which that second anniversary date falls, except that a record would be maintained upon request by the person named in the record or representative thereof, the law enforcement officer who made the record, or the law enforcement agency currently maintaining the record if it involves a law suit, disciplinary complaint, or criminal prosecution arising from the violation described in the record, based on an assertion that the record has evidentiary or exculpatory value. Upon final disposition of the matter for which the extended record retention was requested, the record shall be destroyed or permanently deleted.
For underage violations, the bill would also establish 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 “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.”
Additionally, the $50 civil penalty created by that act for using another person’s driver’s license or other government-issued identification card, or using a false identity, to obtain cannabis items would be eliminated. The current law does not provide for any form of punishment when another’s identity or a false identity is used to obtain tobacco products or alcoholic beverages, so this would be an approach consistent with the existing State’s approach on such uses or identification cards or false identities.
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 Attorney General biannual report described above and any requested amount of law enforcement body worn camera recordings mandated by the bill concerning interactions on underage possession and consumption violations or potential violations, 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.
To assist with efforts to deter and prevent persons under the legal age to purchase cannabis items from engaging in activities associated with underage use of cannabis items, or illegal marijuana or hashish, the bill would revise provisions in the recently passed legislation establishing a legalized cannabis market that create the “Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Fund,” and establish an account within that fund to be known as the “Underage Deterrence and Prevention Account.” From all of the monies from retail sales of cannabis items and various other cannabis-related sources that are deposited in the fund, 15 percent of such would be placed in the internal account. These monies would be used by the Cannabis Regulatory Commission to fund private for-profit and non-profit organizations, and county and municipal programs and services that offer social services, educational, recreational, and employment opportunities, and local economic development designed to encourage, improve, and support youthful community activities to divert and prevent persons under 18 year of age from engaging in activities associated with underage use of cannabis items, or illegal marijuana or hashish.
Suppliers of Cannabis Items to Underage Persons
The bill would establish the following civil penalties for persons who sell or otherwise provide cannabis items to underage persons: not less than $250 for a first violation; not less than $500 for a second violation; and $1,000 for a third and each subsequent violation. These are the same civil penalties applicable to licensed tobacco retailers and persons who provide tobacco products to underage persons. See P.L.2019, c.396, s.1 (C.2A:170-51.14). The “Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” specifically in section 64, would also establish the same civil penalties for licensed businesses, and their agents and employees, who commit such acts, so to prevent a doubling of the civil penalty, the bill specifies that its penalty would apply to any person who is not otherwise subject to the civil penalty under that act.
Any official authorized by the Cannabis Regulatory Commission, or, like with tobacco product enforcement, any official authorized by statute or ordinance to enforce the State or local health codes, or a law enforcement officer could issue summons for violations. Additionally, like tobacco product enforcement, the civil penalty would be recovered by the local health agency for the jurisdiction in which a violation occurred, and the money collected would be paid into the treasury of the corresponding municipality for the municipality’s own general uses. The commission, along with the Commissioner of Health, would be authorized to coordinate efforts to enforce the bill’s provisions for punishing violators, as well as delegate enforcement authority to local health agencies, just as the Commissioner of Health may do so currently with respect to enforcement efforts concerning tobacco products. The commission would report on enforcement efforts concerning underage sales or other transfers in its annual report on personal use cannabis activities that would be prepared pursuant to the “Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.”
In addition to a civil penalty, a fine for selling or otherwise providing a cannabis item to an underage person could be imposed, which would be the same fine that may currently be imposed when the action involves a tobacco product. See P.L.1999, c.90, s.3 (C.2C:33-13.1). The fine would be based on the fine imposed for committing a petty disorderly persons offense, which is a fine of up to $500, and this fine could be doubled for second or subsequent violations.
Further, a person 21 years of age or older who purchased a cannabis item as a “straw man” on behalf of a person who is under 21 years of age could be adjudged a petty disorderly person, subject to a term of imprisonment of up to 30 days, a fine of up to $500, or both.
Law Enforcement Training
The Police Training Commission in the Department of Law and Public Safety would adopt a training course regarding law enforcement interactions with persons under the lawful age to purchase cannabis items based upon the legalization of a personal use cannabis marketplace pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” the decriminalization of marijuana and hashish pursuant to P.L. , c. (C. ) (passed both Houses of the Legislature on December 17, 2020 as Third Reprint of Assembly Committee Substitute for Assembly Bill Nos. 1897 and 4269), and the enforcement of violations of applicable statutes associated with the underage possession or consumption of marijuana, hashish, or cannabis items pursuant to those enactments and this companion bill. This training would include the recognition of and methods to address and avoid racial disparities and implicit bias, and means for interacting with vulnerable juvenile populations. The training course would be administered by the employing agency as part of the in-service training provided to each local police officer in each law enforcement unit operating in this State. Prior to being appointed to permanent status as a local police officer in a law enforcement unit, an individual would be required to complete the training course. Every local police officer appointed prior to the effective date of the bill would, within 18 months of that effective date, satisfactorily complete a training course on such law enforcement interactions.
Additionally, within 45 days of the bill’s effective date, the Attorney General would prepare a notice explaining the provisions of the aforementioned enactments pertaining to persons under the lawful age to purchase cannabis items and violations of the applicable statutes associated with the underage possession or consumption of marijuana, hashish, or cannabis items, and transmit the notice to the chief or director of every municipal police department, every municipal prosecutor, every county prosecutor, and the Superintendent of the New Jersey State Police. The notice would be disseminated to every law enforcement officer and would be re-enforced at roll calls and academy service training and continuing education programs so as to ensure that all officers and prosecutors are educated of their responsibilities under the relevant enactments.