New Jersey decriminalizes cannabis pending legalization

Ever since Phil Murphy, who had campaigned for cannabis legalization, became governor, New Jersey appeared to be next and the America's tenth state to take the plunge. Despite this favorable context and the fact that a expansion program of medical cannabis is already underway, the legalization of recreational use does not seem so imminent.

A legal battle

In front of the slow legislation the mayor of Jersey City, the state's second most populous city, took it upon himself to decriminalize the use and possession of small amounts of cannabis last week. Steven Fulop, the mayor in question, said, «I think it's a waste of time and money to prosecute people for small amounts of cannabis.».

Chief City Prosecutor Jake Hudnut has announced that his office will no longer try cannabis-related offenses as felonies, but as misdemeanors punishable by fines, community service or no penalty at all. The intention behind this action is to relieve police departments and spare defendants from discriminatory consequences in accessing housing and welfare benefits, as well as the possible loss of driver's license and immigration status, for offenses considered minor.

However, the mayor's policy was criticized by Attorney General Gurbir Grewal on Friday, who pointed out that municipal prosecutors do not have the authority to «unilaterally decriminalize cannabis offenses». He described the mayor's action as hasty and pointed out that, under state law, police authorities could still enforce laws that had been announced as obsolete, thus undermining citizens' confidence in institutions.

However, the Attorney General said he would look into the matter and announced the suspension of all cannabis-related trials until August, while he takes a position on a long-term policy. He then convened a meeting of all city prosecutors on Monday to determine the «appropriate direction» of their judgments and the limits of their authority. This meeting was interpreted by Mayor Steven Fulop as the realization of statewide decriminalization, much to the dismay of the Attorney General, who points out that he has not yet ruled on a long-term policy and that any anticipation is ill-advised.

Despite their dispute, the two men seem to be on the same wavelength, and their conflict appears to be of a legal and procedural nature. In any case, their actions have received generally positive feedback.

Public reception

Amol Sinha, executive director of the American Civil Liberties Union of New Jersey, hailed the Attorney General's action as a first step toward «righting the wrongs of enforcing an unjust law.» He added that it's time to «put the brakes on cannabis arrests and prosecutions and engage in a critical examination of how we handle the tens of thousands of annual cannabis arrests.».

These actions even bring together critics of legalization such as the organization Responsible Approaches to Marijuana Policy, hailed the prosecutor's action as a «common-sense approach» that «proves them right that there is a happy medium between criminalization and commercialization».

Supporters of legalization, like Bill Caruso, cannabis lobbyist and member of the organization United for Marijuana Reform, In a letter to the governor, Senator Steve Sweeney said that this was an essential first step, but deplored the fact that the measure was not permanent. Presiding Senator Steve Sweeney has announced that he intends to send recreational cannabis legalization legislation to the Governor before September. Steve Sweeney, as well as the governor, the mayor of Jersey City and the attorney general, are all Democrats.