Great stories. The last few months will fly by. Hey what's the dealio with weed now in nj? Totally legal except when driving??
PS hitting Mecum Kissimmee tomorrow. Hoping to see some awesome cars
Not legal...yet. This may shock you...the NJ government has so far screwed the process up. Can't decide what the penalties are for those under 21 in possession; haven't addressed smoking in moving vehicles; never added refusing a drug recognition exam to implied consent DWI refusal statute.
Much of this is going to be decided by judges over the coming years through case law. It should be interesting. I have zero confidence in the way it will all go down.
So far the only thing that is happened: the NJ AG issued a directive requesting that officers use "broad discretion" in making low level marijuana arrests. As such, we have mostly changed to issuing a township ordinance ($100 minimum fine) for possession of marjuana with no fingerprinting and no custodial arrest.
That may not seem like a big deal, but it is a HUGE change in message from the AG. The last time the office provided guidance on narcotics enforcement was in 1987 in response to the War on Drugs. Just look how far we've come! We were basically commanded to not use discretion with even very minor drug offenses.
Directive 2.1: Narcotics enforcement is designated to remain the number one priority for every New Jersey law enforcement agency.
Directive 2.2: All sworn law enforcement officers shall arrest any person who commits a controlled dangerous substance offense, including a disorderly persons offense, unless such action would jeopardize an ongoing law enforcement operation or there is a compelling public safety reason not to arrest.
Directive 2.3: Every law enforcement agency with five or more sworn officers shall designate at least one officer as its narcotics enforcement officer and shall submit the name of the designee to the County Narcotics Task Force and to the Statewide Narcotics Task Force. This officer shall, at a minimum, represent that agency to the County Task Force and shall also assist the task force when possible on major raids and in other enforcement activities. To facilitate training and integration into Task Force methods of operation, the designated officer should be assigned to the County Task Force for a period to be determined by the municipal chief and County Prosecutor.
Directive 2.4: The state, county and local law enforcement agencies should work together to prepare and finalize within 90 days of the release of this document a plan of action to attack the narcotics problem within all communities with a population of 25,000 or more (77 municipalities), incorporating strategies which best suit the jurisdiction. The plan is to be implemented and in force for a period of one year and shall thereafter be evaluated in light of plan objectives. The plan must include directed overall strategies (Task Force participation, drug education, etc. ) and should include strategies that address problems particular to the jurisdiction. These strategies must be developed by municipalities with the concurrence of the County Prosecutor. County strategies must be developed with the approval of the Attorney General. (See Directive 2.26).
Directive 2.5: All law enforcement agencies must comply with the regulations governing the distribution of forfeited property and proceeds.
Directive 2.6: All law enforcement agencies must comply with the Attorney General's guidelines, issued periodically, addressing the acquisition, management and disposition of forfeited property.
Directive 2.7: A Drug Abuse Resistance Education Program shall be introduced by local, county and state law enforcement agencies in every municipality.
