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 a