Credit: Office of Attorney General / Tim Larsen

New Jersey Attorney General Gurbir Grewal directs all state municipal, county and state prosecutors to adjourn, until at least Jan. 25, 2021, any juvenile or adult case solely involving the following marijuana possession-related offenses. Garden State voters elected to legalize marijuana during last month’s General Election.

Grewal directed prosecutors to use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the marijuana possession-related charges and proceed with prosecution of the remaining charges. The guidance does not affect the prosecution of cases charging distribution of marijuana or possession of marijuana with intent to distribute.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” said Grewal. “It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

Marijuana is still not legal in New Jersey

Grewal reiterated that more comprehensive guidance, including direction on handling previously adjudicated matters, will follow when the legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use cannabis.