Scott Gorman
Recently, the State’s Attorney General issued a memorandum advising municipal prosecutors that they have the option to forego prosecuting marijuana possession charges in some cases. However, while the memorandum was a step in the right direction, it still left much to be desired. As a result, much uncertainty remains as to how marijuana possession charges will be prosecuted in the future. Are you awaiting trial on a marijuana charge in New Jersey? Here are some key facts you need to know.
The Attorney General’s memorandum states that municipal prosecutors have the discretion not to move forward with marijuana possession charges based upon a finding of “good cause.” Factors for determine whether “good cause” exists include: (i) whether the State can prove its case, (ii) whether prosecution may result in an unjust outcome; and, (iii) whether pursuing charges would, “achieve individual justice in individual cases.”
The “good cause” rule only applies to cases involving possession of small amounts of marijuana for personal recreational use. While New Jersey may be moving toward decriminalization of recreational marijuana use, large-scale cultivation and distribution operators can still face substantial state or federal penalties.
The “good cause” rule is not set in stone. In other words, there are no hard-and-fast guidelines that establish whether “good cause” exists in any particular case. While this means that prosecutors have significant discretion to move forward with marijuana possession prosecutions, it also means that you (and your defense attorney) have the opportunity to argue for the existence of “good cause.”
Even with New Jersey’s gradual progress toward recreational marijuana decriminalization, if you are caught driving under the influence of marijuana, you can still be arrested, prosecuted, convicted, and sentenced at trial. Decriminalization (or legalization) of recreational marijuana does not make driving under the influence any less dangerous, and there is not any movement toward doing away with the crime of driving while high.
In addition to the “good cause” rule, the constitutional right to a speedy trial affords another potential defense strategy to marijuana possession charges. While some prosecutors are taking a wait-and-see approach, some defendants may be able to argue that their right to a speedy trial is being violated – and that they are entitled to have their charges dropped as a result. On the other hand, if New Jersey is on the verge of making a strong move toward decriminalization, certain defendants may benefit from a taking a wait-and-see approach as well.
Scott A. Gorman has the experience and professional credentials to represent clients in connection with a DWI/DUI, drug offense, violent crime, sex crime, domestic violence charge, DYFS matter, juv...
