New Jersey Attorney General Pauses Prosecutions in Marijuana Cases

As some officials in New Jersey are pushing to legalize the recreational use of marijuana, the state’s attorney general directed prosecutors Tuesday to seek to pause any cases stemming from marijuana-related offenses for at least a month, in a move regarded as a possible step toward decriminalizing such offenses.

The attorney general’s announcement comes after Gov. Philip Murphy, a Democrat who was elected last year, campaigned heavily on legalizing marijuana and follows an effort by officials in Jersey City to pre-empt state leaders by declaring that municipal prosecutors would use their “broad discretionary powers” to no longer pursue marijuana possession cases as criminal offenses.

In a memo issued Tuesday, the attorney general, Gurbir Grewal, asked prosecutors in New Jersey to seek adjournments until September in “any matter involving a marijuana-related offense pending in municipal court.” Grewal had challenged the argument officials raised in Jersey City, but in a statement Tuesday, his office said he sought the delay while working to “clarify the scope and appropriate use of prosecutorial discretion in marijuana-related offenses in municipal court.”

The attorney general’s move has been welcomed by proponents for changing marijuana laws, including the American Civil Liberties Union of New Jersey, which called it “a step forward.” Even some opponents of legalization praised the decision as a sensible one.

Proposals to make New Jersey the 10th state, and the first in the New York City area, to legalize recreational marijuana use have stalled in recent months, despite once looking as if they could move easily through the state Legislature. But it was overshadowed by a political fight over the state budget.

Still, a program to provide marijuana for medical use has expanded considerably since Murphy became governor. More than 10,000 patients have enrolled since he took office in January, and the governor’s office recently announced that it was seeking new applicants for medicinal marijuana dispensaries.

As legislation lagged, however, officials in Jersey City announced last week that they were acting on their own to decriminalize marijuana. Under its policy, some marijuana charges will be downgraded or dismissed.

“We thought it was the right thing to do,” said Steven Fulop, Jersey City’s mayor. “I think it’s a waste of time and money to prosecute people for small quantities of marijuana.”

But the policy was shot down by Grewal, who contended that municipal prosecutors lacked the authority to “unilaterally decriminalize marijuana-related offenses.” In a statement, the attorney general’s office has argued that the city’s effort was rushed, and that police officers could end up enforcing laws that residents could believe had been rescinded, standing to “undermine the community trust that law enforcement officers in Jersey City and elsewhere have worked so hard to build.”

Even so, Grewal said he would examine the matter, and he asked prosecutors to postpone open marijuana cases until he issues a directive in August. His office, in a statement, said it could “effectively amount to a moratorium of — or a substantial reduction in — marijuana convictions in New Jersey between now and future legalization.”

The move has the potential to affect thousands of cases. Proponents for legalizing marijuana argue that people of color are far more likely to be prosecuted for possessing the drug, an offense that can have devastating consequences, including losing student financial aid, public housing and employment opportunities.

Amol Sinha, the executive director of the American Civil Liberties Union of New Jersey, praised Grewal for a step toward “ultimately righting the wrongs of unjust marijuana enforcement.”

“We must pump the brakes on marijuana arrests and prosecutions, and engage in a serious critical examination of how we handle the tens of thousands of marijuana arrests we make each year," Sinha said in a statement. “By directing prosecutors to pause adjudication of marijuana cases, this letter starts that process.”

Critics of legalizing the recreational use of marijuana have expressed concerns that minorities could be adversely affected if dispensaries are concentrated in cities or if there is limited opportunity for them to find a foothold in a legal marketplace. Others have raised worries of products that could be appealing to children.

Some critics were supportive of the attorney general’s move on marijuana prosecutions. Jeanette Hoffman, a spokeswoman for New Jersey Responsible Approaches to Marijuana Policy, called the effort a “common-sense approach.”

“The decision makes our point exactly,” she said, “that there is a sensible middle ground between criminalization and outright drug commercialization.”

But proponents believed that legislation was essential. “It’s a good first step or next step,” Bill Caruso, a lobbyist for marijuana interests and part of New Jersey United for Marijuana Reform, said of the decision to postpone prosecutions, “but it isn’t a permanent step.”