EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1
Senate floor amendments adopted February 22, 2021.
§3 - C.2C:30-6.1
§4 - C.2C:33-15.1
§6 –
C.2A:170-51.13
§7 –
C.26:3A2-20.2
§17 –
C.52:17B-77.17
§18 - Repealer
(CORRECTED COPY)
P.L. 2021, CHAPTER 25, approved February 22, 2021
Assembly, No. 5342 (First Reprint)
AN ACT addressing
1
certain regulated substances, with a particular
1
emphasis on
1
possession or consumption of various forms of
2
cannabis by certain persons, and
1
[amending] revising
1
and
3
supplementing various parts of the statutory law.
4
5
BE IT ENACTED by the Senate and General Assembly of the State
6
of New Jersey:
7
8
1. The title of P.L.1979, c.264 is amended to read as follows:
9
AN ACT concerning certain [alcoholic beverage and cannabis item]
10
offenses by persons under the legal age to purchase [alcoholic
11
beverages and cannabis] various regulated items, and
12
supplementing chapter 33 of Title 2C of the New Jersey Statutes.
13
(cf: P.L.2021, c. , s.72)
14
15
2. Section 1 of P.L.1979, c.264 (C.2C:33-15) is amended to
16
read as follows:
17
1. a. (1) Any person under the legal age to purchase alcoholic
18
beverages
1
, or under the legal age to purchase cannabis items,
1
19
who knowingly possesses without legal authority or who knowingly
20
consumes any alcoholic beverage
1
, cannabis item, marijuana, or
21
hashish
1
in any school, public conveyance, public place, or place of
22
public assembly, or motor vehicle
1
[, is guilty of a petty disorderly
23
persons offense, and]
1
shall
1
[, in the case of an adult under the
24
legal age to purchase alcoholic beverages,]
1
be
1
[fined not less
25
than $250.
26
(2) (a) Any person under the legal age to purchase cannabis
27
items who knowingly possesses without legal authority marijuana,
28
hashish, or any cannabis item, the amount of which may be lawfully
29
possessed by a person of the legal age to purchase cannabis items
30
pursuant to section 46 [.] of P.L. , c. (C. ) (passed both
31
A5342 [1R]
2
Houses on December 17, 2020 as Second Reprint of Assembly Bill
1
No. 21), in any school, public conveyance, public place, or place
2
of public assembly, or motor vehicle [, is guilty of a petty
3
disorderly persons offense, and] shall [, in the case of an adult
4
under the legal age to purchase cannabis items,] be [fined not less
5
than $250] subject to a civil penalty of $50, which shall be
6
recovered in a civil action by a summary proceeding in the name of
7
the municipality pursuant to the “Penalty Enforcement Law of
8
1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), except that a person
9
under the age of 18 years who violates this subparagraph shall not
10
be subject to a civil penalty but instead shall be subject to a point-
11
of-violation warning or juvenile intervention, as defined in this
12
section, and which is conducted in the same manner as an action
13
referred to as a curbside warning or stationhouse adjustment,
14
respectively, would be conducted in accordance with Attorney
15
General Law Enforcement Directive No. 2020-12 as if the violation
16
were to constitute a petty disorderly persons offense, without the
17
filing of a complaint with the court. The municipal court that has
18
territorial jurisdiction over the violation and the Superior Court
19
shall both have jurisdiction of proceedings for the enforcement of
20
the civil penalty provided by this subparagraph.
21
The odor of marijuana, hashish, cannabis, or cannabis item, or
22
burnt marijuana, hashish, cannabis, or cannabis item, shall not
23
constitute reasonable articulable suspicion to initiate a search of a
24
person to determine a violation of this subparagraph. A person who
25
violates this subparagraph
shall not be subject to arrest, detention,
26
or otherwise be taken into custody except to the extent required for
27
a juvenile intervention as permitted by this subparagraph, unless the
28
person is being arrested, detained, or otherwise taken into custody
29
for also committing another violation of law for which that action is
30
legally permitted or required.
31
(b) Any person under the legal age to purchase cannabis items
32
who knowingly possesses without legal authority marijuana,
33
hashish, or any cannabis item, the amount of which exceeds what
34
may be lawfully possessed by a person of the legal age to purchase
35
cannabis items pursuant to section 46 of P.L. , c. (C. )
36
(passed both Houses on December 17, 2020 as Second Reprint of
37
Assembly Bill No. 21), or who knowingly consumes any marijuana,
38
hashish, or cannabis item in any school, public conveyance, public
39
place, or place of public assembly, or motor vehicle [, is guilty of a
40
disorderly persons offense, and] shall [, in the case of an adult
41
under the legal age to purchase cannabis items,] be]
1
[fined not
42
less than $500] subject to
1
[a civil penalty of $100, which shall be
43
recovered in a civil action by a summary proceeding in the name of
44
the municipality pursuant to the “Penalty Enforcement Law of
45
1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), except that a person
46
under the age of 18 years who violates this subparagraph shall not
47
A5342 [1R]
3
be subject to a civil penalty but instead shall be subject to a point-
1
of-violation warning or juvenile intervention, as defined in this
2
section, and which is conducted in the same manner as an action
3
referred to as a curbside warning or stationhouse adjustment,
4
respectively, would be conducted in accordance with Attorney
5
General Law Enforcement Directive No. 2020-12 as if the violation
6
were to constitute a disorderly persons offense, without the filing of
7
a complaint with the court. The municipal court that has territorial
8
jurisdiction over the violation and the Superior Court shall both
9
have jurisdiction of proceedings for the enforcement of the civil
10
penalty provided by this subparagraph.] the following
11
consequences:
12
(a)
for a first violation, a written warning issued by a law
13
enforcement officer to the underage person. The written warning
14
shall include the person’s name, address, and date of birth, and a
15
copy of the warning containing this information, plus a sworn
16
statement that includes
a description of the relevant facts and
17
circumstances that support the officer’s determination that the
18
person committed the violation, shall be temporarily maintained in
19
accordance with this section only for the purposes of determining a
20
second or subsequent violation subject to the consequences set forth
21
in subparagraph (b)
or (c)
of this paragraph. Notwithstanding the
22
provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a)
23
concerning written notification of a violation of this section by a
24
person under 18 years of age to the parent, guardian or other person
25
having legal custody of the underage person, a written notification
26
shall not be provided pursuant to that section for a first violation of
27
this paragraph.
28
(b) for a second violation, a written warning issued by a law
29
enforcement officer to the underage person indicating that a second
30
violation has occurred, which includes the person’s name, address,
31
and date of birth. If the violation is by a person 18 years of age or
32
older, the officer shall provide the person with informational
33
materials about how to access community services provided by
34
public or private agencies and organizations that shall assist the
35
person with opportunities to access further social services,
36
including but not limited to counseling, tutoring programs,
37
mentoring services, and faith-based or other community initiatives.
38
If the violation is by a person under 18 years of age,
a written
39
notification concerning the second violation, along with a copy of
40
the written warning for the person’s first violation, shall be
41
provided to the parent, guardian or other person having legal
42
custody of the underage person in accordance with section 3 of
43
P.L.1991, c.169 (C.33:1-81.1a). The written notification shall
44
include the same or similar informational materials about how to
45
access community services provided by
public or private agencies
46
and organizations as those provided directly by a law enforcement
47
officer to a person 18 years of age or older who commits a second
48
A5342 [1R]
4
violation of this paragraph. A copy of the second written warning
1
to the underage person, and, if applicable,
the written notification to
2
the parent, guardian or other person having legal custody of the
3
underage person concerning the second warning, plus
a sworn
4
statement that includes
a description of the relevant facts and
5
circumstances that support the officer’s determination that the
6
person committed the second violation, shall be temporarily
7
maintained in accordance with this section only for the purposes of
8
determining a subsequent violation subject to the consequences set
9
forth in subparagraph (c) of this paragraph.
10
(c)
for a third or subsequent violation, a write-up issued by a law
11
enforcement officer to the underage person indicating that a third or
12
subsequent violation has occurred, which includes the person’s
13
name, address, and date of birth.
If the violation is by a person 18
14
years of age or older, the officer shall include with the write-up a
15
referral for accessing community services provided by a public or
16
private agency or organization, and provide notice to that agency or
17
organization of the referral which may also be used to initiate
18
contact with the person, and the agency or organization shall offer
19
assistance to the person with opportunities to access further social
20
services, including but not limited to counseling, tutoring programs,
21
mentoring services, and faith-based or other community initiatives.
22
If the violation is by a person under 18 years of age,
a written
23
notification concerning the third or subsequent violation shall be
24
provided to the parent, guardian or other person having legal
25
custody of the underage person in accordance with section 3 of
26
P.L.1991, c.169 (C.33:1-81.1a). The written notification
shall
27
include a referral for the person and the parent, guardian or other
28
person having legal custody of the underage person for accessing
29
community services provided by
a public or private agency or
30
organization, and provide notice to that agency or organization of
31
the referral which may also then be used to initiate contact with
32
both persons, and the agency or organization shall offer assistance
33
to both
with opportunities to access further social services,
34
including counseling, tutoring programs, mentoring services, and
35
faith-based or other community initiatives. A copy of a write-up for
36
a third or subsequent violation, the written notification to the
37
parent, guardian or other person having legal custody of the
38
underage person, if applicable, and accompanying referrals, plus a
39
sworn statement that includes a description of the relevant facts and
40
circumstances that support the officer’s determination that the
41
person committed the third or subsequent violation,
shall be
42
temporarily maintained in accordance with this section only to the
43
extent necessary to track referrals to agencies and organizations, as
44
well as for the purposes of determining a subsequent violation
45
subject to the consequences set forth in this subparagraph.
46
The failure of a person under the legal age to purchase alcoholic
47
beverages or
cannabis items, or the failure of a parent, guardian or
48
A5342 [1R]
5
other person having legal custody of the underage person, to accept
1
assistance from an agency or organization to which a law
2
enforcement referral was made, or to access any community
3
services provided by that agency or organization shall not result in
4
any summons, initiation of a complaint, or other legal action to be
5
adjudicated and enforced in any court.
6
(2) (a)
A person under the legal age to purchase alcoholic
7
beverages or
cannabis items is not capable of giving lawful consent
8
to a search to determine a violation of this section, and a law
9
enforcement officer shall not request that a person consent to a
10
search for that purpose.
11
(b)
1
The odor of
1
an alcoholic beverage,
1
marijuana, hashish,
12
cannabis, or cannabis item, or burnt marijuana, hashish, cannabis,
13
or cannabis item, shall not constitute reasonable articulable
14
suspicion to initiate
1
an investigatory stop of a person, nor shall it
15
constitute probable cause to initiate
1
a search of a person
1
or that
16
person’s personal property
1
to determine a violation of
1
[this
17
subparagraph] paragraph (1) of this subsection. Additionally, the
18
unconcealed possession of an alcoholic beverage, marijuana,
19
hashish, or cannabis item in violation of paragraph (1) of this
20
subsection, observed in plain sight by a law enforcement officer,
21
shall not constitute probable cause to initiate a search of a person or
22
that person’s personal property to determine any further violation of
23
that paragraph or any other violation of law
1
.
24
1
(3)
1
A person
1
under the legal age to purchase alcoholic
25
beverages or cannabis items
1
who violates
1
[this subparagraph]
26
paragraph (1) of this subsection for possessing or consuming an
27
alcoholic beverage, marijuana, hashish, or a cannabis item
1
shall
28
not be subject to arrest,
1
and shall not be subject to
1
detention
1
[,]
1
29
or otherwise be taken into custody
1
by a law enforcement officer
1
30
except to the extent required
1
[for a juvenile intervention as
31
permitted by this subparagraph] to issue a written warning or write-
32
up, provide notice of a violation to a parent, guardian or other
33
person having legal custody of the underage person in accordance
34
with section 3 of P.L.1991, c.169 (C.33:1-81a), or make referrals
35
for accessing community services provided by a public or private
36
agency or organization due to a third or subsequent violation
1
,
37
unless the person is being arrested, detained, or otherwise taken into
38
custody for also committing another violation of law for which that
39
action is legally permitted or required.
40
1
[(c) (i) As used in subparagraphs (a) and (b) of this paragraph:
41
“Juvenile intervention” means a mechanism that allows law
42
enforcement agencies to resolve a violation of either subparagraph
43
by a person under the age of 18 years without formal court
44
proceedings. A juvenile intervention, which shall be memorialized
45
in a signed agreement, establishes one or more conditions that the
46
A5342 [1R]
6
person shall meet in exchange for the law enforcement agency
1
declining to pursue a formal delinquency complaint against the
2
person.
3
“Point-of-violation warning” means a brief, informal interaction
4
between a law enforcement officer and a person under the age of 18
5
years who the officer observed engage in a violation of either
6
subparagraph. During the interaction, the officer shall counsel the
7
person to discontinue the conduct, warn the person about the
8
potential consequences of future delinquency, and then conclude the
9
interaction without taking any further action. For the purposes of
10
this definition, a point-of-violation warning does not include
11
interactions between a person under the age of 18 years and a
12
school resource officer or other law enforcement officer assigned to
13
a school, as those interactions are governed by other statutes, and
14
policies and practices established between schools and law
15
enforcement agencies. A point-of-violation warning shall also be
16
used for a first violation of subparagraph (b) of paragraph (12) of
17
subsection b. of N.J.S.2C:35-5 concerning the manufacturing,
18
distributing or dispensing, or possessing or having under control
19
with intent to manufacture, distribute or dispense, marijuana or
20
hashish for an offender of any age.
21
(ii) Point-of-violation warnings and juvenile interventions
22
conducted pursuant to subparagraph (a) or (b) of paragraph (2) of
23
subsection a. of this section shall be reported to the Attorney
24
General in the same manner as curbside adjustments and
25
stationhouse warnings, respectively, and shall be included in the
26
statistical reporting compiled and made available by the Attorney
27
General pursuant to Attorney General Law Enforcement Directive
28
No. 2020-12. The Attorney General, in accordance with section 3
29
of P.L. , c. (C. ) (pending before the Legislature as this bill),
30
shall biannually issue a report detailing the statistics compiled and
31
made available pursuant to Attorney General Law Enforcement
32
Directive No. 2020-12. The initial report shall be issued by June
33
30, 2021, and every six months thereafter.]
34
(4)
Consistent with the provisions of subsection c. of section 1 of
35
P.L.2020, c.129 (C.40A:14-118.5), the video and audio recording
36
functions of a law enforcement officer’s body worn camera, as
37
defined in that section, shall be activated whenever the law
38
enforcement officer is responding to a call for service related to a
39
violation or suspected violation of paragraph (1)
of this subsection
40
for possessing or consuming an alcoholic beverage,
marijuana,
41
hashish, or a cannabis item, or at the initiation of any other law
42
enforcement or investigative encounter between an officer and a
43
person related to a violation or suspected violation of that
44
paragraph, and shall remain activated until the encounter has fully
45
concluded and the officer leaves the scene of the encounter;
46
provided, however, that the video and audio recording functions of
47
a body worn camera shall not be deactivated pursuant to
48
A5342 [1R]
7
subparagraph (a) of paragraph (2) of subsection c. of P.L.2020,
1
c.129 (C.40A:14-118.5), based on a request to deactivate the
2
camera by a person who is the subject of a responsive call for
3
service or law enforcement or investigative encounter related to a
4
violation or suspected violation of paragraph (1)
of this subsection.
5
(5)
As part of the process for the issuance of a written warning or
6
write-up
to a person for a violation of paragraph (1)
of this
7
subsection, the law enforcement officer shall
take possession of any
8
alcoholic beverage, marijuana, hashish, or cannabis item from the
9
person, and any drug or cannabis paraphernalia for use with any
10
marijuana, hashish, or cannabis item. The existence and description
11
of the alcoholic beverage,
marijuana, hashish, or cannabis item, and
12
any drug or cannabis paraphernalia shall be included in the sworn
13
statement that includes a description of the
relevant facts and
14
circumstances that support
the officer’s
determination that the
15
person committed a violation, and which
record is
temporarily
16
maintained in accordance with this section to determine subsequent
17
possession or consumption violations, and track referrals for
18
accessing community services provided by
a public or private
19
agency or organization due to
a third or subsequent violation. Any
20
alcoholic beverage,
marijuana, hashish, cannabis item, or drug or
21
cannabis paraphernalia obtained by the law enforcement officer
22
shall either be destroyed or secured for use in law enforcement
23
training or educational programs in accordance with applicable law
24
and directives issued by the Attorney General.
25
(6)
With respect to any violation of paragraph (1)
of this
26
subsection concerning the possession or consumption of an
27
alcoholic beverage,
marijuana, hashish, or any cannabis item:
28
(a)
a person under the legal age to purchase alcoholic beverages
29
or
cannabis items shall not be photographed or fingerprinted,
30
notwithstanding any provisions of section 2 of P.L.1982, c.79
31
(C.2A:4A-61) to the contrary;
32
(b) (i)
any copy of any written warning or write-up
issued to a
33
person under the legal age to purchase alcoholic beverages or
34
cannabis items, written notification provided to the person’s parent,
35
guardian or other person having legal custody in accordance with
36
section 3 of P.L.1991, c.169 (C.33:1-81.1a), sworn statement
37
describing the relevant facts and circumstances that support an
38
officer’s determination that a person committed a violation,
or
39
referrals for accessing community services provided by
a public or
40
private agency or organization
pertaining to a third or subsequent
41
violation shall be segregated and maintained in a separate physical
42
location or electronic repository or database from any other records
43
maintained by a law enforcement agency, and reported to the
44
Attorney General in a manner so that they are similarly segregated
45
and maintained in a separate physical location or electronic
46
repository or database from other law enforcement records
47
accessible to the Attorney General and State and local law
48
A5342 [1R]
8
enforcement agencies, and shall not be transferred to or copied and
1
placed in any other physical location or electronic repository or
2
database containing any other law enforcement records. These
3
records shall only be used to the extent necessary to determine a
4
subsequent violation of paragraph (1) of this subsection or to track
5
referrals to agencies and organizations, and shall not be revealed,
6
reviewed, or considered in any manner with respect to any current
7
or subsequent juvenile delinquency matter, including but not limited
8
to, a charge, filing, eligibility or decision for diversion or discharge,
9
or sentencing, other disposition, or related decision affecting the
10
juvenile, or with respect to any current or subsequent prosecution
11
for committing an offense or other violation of law, including but
12
not limited to, a charge, filing, eligibility or decision for diversion
13
or discharge, or sentencing, other disposition, or related decision
14
affecting an adult under 21 years of age. Also, these records shall
15
be deemed confidential and shall not be subject to public inspection
16
or copying pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1
17
et seq.), and their existence shall not be acknowledged based upon
18
any inquiry in the same manner as if the records were expunged
19
records pursuant to the provisions of subsection a. of N.J.S.2C:52-
20
15.
21
The Attorney General may use the records described herein
to
22
generate the number of occurrences and other statistics concerning
23
first, second, third and subsequent violations of paragraph (1)
of
24
this subsection, the municipal, county or other geographic areas
25
within which first, second, third and subsequent violations occur,
26
and the law enforcement agencies involved in first, second, third
27
and subsequent violations, which are to be compiled and made
28
available by the Attorney General in accordance with section 4
of
29
P.L. , c. (C. ) (pending before the Legislature as this bill).
30
The identity of any person named in a record shall not be revealed
31
or included in the information to be compiled and made available in
32
accordance with that section.
33
The records of violations shall only be maintained temporarily
34
and shall be destroyed or permanently deleted as set forth in
35
subparagraph (c) of this paragraph.
36
(ii) any records pertaining to a person’s acceptance of assistance
37
from an agency or organization to which a law enforcement referral
38
was made shall not be revealed, reviewed, or considered in any
39
manner with respect to any current or subsequent juvenile
40
delinquency matter, including but not limited to, a charge, filing,
41
eligibility or decision for diversion or discharge, or sentencing,
42
other disposition, or related decision affecting the juvenile, or with
43
respect to any current or subsequent prosecution for committing an
44
offense or other violation of law, including but not limited to, a
45
charge, filing, eligibility or decision for diversion or discharge, or
46
sentencing, other disposition, or related decision affecting an adult
47
under 21 years of age. Also, these records shall be deemed
48
A5342 [1R]
9
confidential and shall not be subject to public inspection or copying
1
pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.),
2
and their existence shall not be acknowledged based upon any
3
inquiry in the same manner as if the records were expunged records
4
pursuant to the provisions of subsection a. of N.J.S.2C:52-15.
5
(c)
all of the records maintained by a law enforcement agency
6
and reported to the Attorney General as described in
7
subsubparagraph (i)
of subparagraph (b) of this paragraph
shall be
8
destroyed or permanently deleted by the law enforcement agency
9
and Attorney General on the second anniversary following the
10
creation of the record concerning a violation, or not later than the
11
last day of the month in which that second anniversary date falls, or
12
alternatively not later than the 21st birthday of a person who is the
13
subject of a record, or not later than the last day of the month in
14
which that birthday falls, whichever date occurs sooner,
except that
15
a record shall be maintained upon request by the person named in
16
the record or representative thereof, the law enforcement officer
17
who made the record, or the law enforcement agency currently
18
maintaining the record if it involves a lawsuit, disciplinary
19
complaint, or criminal prosecution arising from the violation
20
described in the record, based on an assertion that the record has
21
evidentiary or exculpatory value. Upon final disposition of the
22
matter for which the extended record retention was requested, the
23
record shall be destroyed or permanently deleted.
24
(d) A law enforcement officer shall be guilty of the crime of
25
official deprivation of civil rights as set forth in section 3 of P.L. ,
26
c. (C. ) (pending before the Legislature as this bill) for
27
violating the provisions of paragraph (1) of this subsection that
28
address law enforcement actions involving persons who are under
29
the legal age to purchase alcoholic beverages or cannabis items.
1
30
b.
1
[Whenever [this offense] a violation of subsection a. of
31
this section is committed in a motor vehicle, the court shall, in
32
addition to the sentence authorized [for the offense] under that
33
subsection, suspend or postpone for six months the driving privilege
34
of the defendant. Upon the conviction of finding of guilt of any
35
person under this section, the court shall forward a report to the
36
New Jersey Motor Vehicle Commission stating the first and last day
37
of the suspension or postponement period imposed by the court
38
pursuant to this section. If a person at the time of the imposition of
39
a sentence is less than 17 years of age, the period of license
40
postponement, including a suspension or postponement of the
41
privilege of operating a motorized bicycle, shall commence on the
42
day the sentence is imposed and shall run for a period of six months
43
after the person reaches the age of 17 years.
44
If a person at the time of the imposition of a sentence has a valid
45
driver's license issued by this State, the court shall immediately
46
collect the license and forward it to the commission along with the
47
report. If for any reason the license cannot be collected, the court
48
A5342 [1R]
10
shall include in the report the complete name, address, date of birth,
1
eye color, and sex of the person as well as the first and last date of
2
the license suspension period imposed by the court.
3
The court shall inform the person orally and in writing that if the
4
person is convicted of operating a motor vehicle during the period
5
of license suspension or postponement, the person shall be subject
6
to the penalties set forth in R.S.39:3-40. A person shall be required
7
to acknowledge receipt of the written notice in writing. Failure to
8
receive a written notice or failure to acknowledge in writing the
9
receipt of a written notice shall not be a defense to a subsequent
10
charge of a violation of R.S.39:3-40.
11
If the person convicted or found guilty under this section is not a
12
New Jersey resident, the court shall suspend or postpone, as
13
appropriate, the non-resident driving privilege of the person based
14
on the age of the person and submit to the commission the required
15
report. The court shall not collect the license of a non-resident
16
convicted under this section. Upon receipt of a report by the court,
17
the commission shall notify the appropriate officials in the licensing
18
jurisdiction of the suspension or postponement.] (Deleted by
19
amendment, P.L. , c. ) (pending before the Legislature as this
20
bill)
1
21
c.
1
[In addition to the general [penalty] penalties prescribed
22
[for a disorderly persons offense] under this section, the court may
23
require any person who violates [this act] paragraph (1) of
24
subsection a. of this section for possession or consumption of an
25
alcoholic beverage to participate in an alcohol or drug abuse
26
education or treatment program, authorized by the Division of
27
Mental Health and Addiction Services in the Department of Human
28
Services, for a period not to exceed [the maximum period of
29
confinement prescribed by law for the offense for which the
30
individual has been convicted] 30 days.] (Deleted by amendment,
31
P.L. , c. ) (pending before the Legislature as this bill)
1
32
d. Nothing in this act shall apply to possession of alcoholic
33
beverages by any such person while actually engaged in the
34
performance of employment pursuant to an employment permit
35
issued by the Director of the Division of Alcoholic Beverage
36
Control, or for a bona fide hotel or restaurant, in accordance with
37
the provisions of R.S.33:1-26, or while actively engaged in the
38
preparation of food while enrolled in a culinary arts or hotel
39
management program at a county vocational school or post-
40
secondary educational institution; and nothing in this section shall
41
apply to possession of cannabis items by any such person while
42
actually engaged in the performance of employment by a cannabis
43
establishment, distributor, or delivery service as permitted pursuant
44
to the “New Jersey Cannabis Regulatory, Enforcement Assistance,
45
and Marketplace Modernization Act,” P.L. , c. (C. ) (passed
46
A5342 [1R]
11
both Houses on December 17, 2020 as Second Reprint of Assembly
1
Bill No. 21).
2
e.
1
[The] Except as otherwise provided in this section, the
1
3
provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall
4
apply to a parent, guardian or other person with legal custody of a
5
person under 18 years of age who is found to be in violation of this
6
section.
7
f. An underage person and one or two other persons shall be
8
immune from prosecution under this section if:
9
(1) one of the underage persons called 9-1-1 and reported that
10
another underage person was in need of medical assistance due to
11
alcohol consumption , or the consumption of marijuana, hashish, or
12
a cannabis item;
13
(2) the underage person who called 9-1-1 and, if applicable, one
14
or two other persons acting in concert with the underage person
15
who called 9-1-1 provided each of their names to the 9-1-1
16
operator;
17
(3) the underage person was the first person to make the 9-1-1
18
report; and
19
(4) the underage person and, if applicable, one or two other
20
persons acting in concert with the underage person who made the 9-
21
1-1 call remained on the scene with the person under the legal age
22
in need of medical assistance until assistance arrived and
23
cooperated with medical assistance and law enforcement personnel
24
on the scene.
25
The underage person who received medical assistance also shall
26
be immune from prosecution under this section.
27
g. For purposes of this section, an alcoholic beverage includes
28
powdered alcohol as defined by R.S.33:1-1, [and] a cannabis item
29
includes any item available for lawful consumption pursuant to the
30
“New Jersey Cannabis Regulatory, Enforcement Assistance,
and
31
Marketplace
Modernization Act,” P.L. , c. (C. ) (passed both
32
Houses on December 17, 2020 as Second Reprint of Assembly Bill
33
No. 21), and the terms “marijuana” and “hashish” have the same
34
meaning as set forth in N.J.S.2C:35-2
1
, and the terms “drug
35
paraphernalia” and “cannabis paraphernalia” have the same
36
meaning as set forth in N.J.S.2C:36-1 and section 3 of P.L. ,
37
c. (C. ) (passed both Houses on December 17, 2020 as Second
38
Reprint of Assembly Bill No. 21), respectively
1
.
39
(cf: P.L.2021, c. , s.73)
40
41
1
[3. N.J.S.2C:35-5 is amended to read as follows:
42
2C:35-5. Manufacturing, Distributing or Dispensing. a. Except
43
as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be
44
unlawful for any person knowingly or purposely:
45
A5342 [1R]
12
(1) To manufacture, distribute or dispense, or to possess or have
1
under his control with intent to manufacture, distribute or dispense,
2
a controlled dangerous substance or controlled substance analog; or
3
(2) To create, distribute, or possess or have under his control
4
with intent to distribute, a counterfeit controlled dangerous
5
substance.
6
b. Any person who violates subsection a. with respect to:
7
(1) Heroin, or its analog, or coca leaves and any salt, compound,
8
derivative, or preparation of coca leaves, and any salt, compound,
9
derivative, or preparation thereof which is chemically equivalent or
10
identical with any of these substances, or analogs, except that the
11
substances shall not include decocainized coca leaves or extractions
12
which do not contain cocaine or ecogine, or 3,4-
13
methylenedioxymethamphetamine or 3,4-
14
methylenedioxyamphetamine, in a quantity of five ounces or more
15
including any adulterants or dilutants is guilty of a crime of the first
16
degree. The defendant shall, except as provided in N.J.S.2C:35-12,
17
be sentenced to a term of imprisonment by the court. The term of
18
imprisonment shall include the imposition of a minimum term
19
which shall be fixed at, or between, one-third and one-half of the
20
sentence imposed, during which the defendant shall be ineligible for
21
parole. Notwithstanding the provisions of subsection a. of
22
N.J.S.2C:43-3, a fine of up to $500,000 may be imposed;
23
(2) A substance referred to in paragraph (1) of this subsection,
24
in a quantity of one-half ounce or more but less than five ounces,
25
including any adulterants or dilutants is guilty of a crime of the
26
second degree;
27
(3) A substance referred to paragraph (1) of this subsection in a
28
quantity less than one-half ounce including any adulterants or
29
dilutants is guilty of a crime of the third degree except that,
30
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a
31
fine of up to $75,000 may be imposed;
32
(4) A substance classified as a narcotic drug in Schedule I or II
33
other than those specifically covered in this section, or the analog of
34
any such substance, in a quantity of one ounce or more including
35
any adulterants or dilutants is guilty of a crime of the second
36
degree;
37
(5) A substance classified as a narcotic drug in Schedule I or II
38
other than those specifically covered in this section, or the analog of
39
any such substance, in a quantity of less than one ounce including
40
any adulterants or dilutants is guilty of a crime of the third degree
41
except that, notwithstanding the provisions of subsection b. of
42
N.J.S.2C:43-3, a fine of up to $75,000 may be imposed;
43
(6) Lysergic acid diethylamide, or its analog, in a quantity of
44
100 milligrams or more including any adulterants or dilutants, or
45
phencyclidine, or its analog, in a quantity of 10 grams or more
46
including any adulterants or dilutants, is guilty of a crime of the
47
first degree. Except as provided in N.J.S.2C:35-12, the court shall
48
A5342 [1R]
13
impose a term of imprisonment which shall include the imposition
1
of a minimum term, fixed at, or between, one-third and one-half of
2
the sentence imposed by the court, during which the defendant shall
3
be ineligible for parole. Notwithstanding the provisions of
4
subsection a. of N.J.S.2C:43-3, a fine of up to $500,000 may be
5
imposed;
6
(7) Lysergic acid diethylamide, or its analog, in a quantity of
7
less than 100 milligrams including any adulterants or dilutants, or
8
where the amount is undetermined, or phencyclidine, or its analog,
9
in a quantity of less than 10 grams including any adulterants or
10
dilutants, or where the amount is undetermined, is guilty of a crime
11
of the second degree;
12
(8) Methamphetamine, or its analog, or phenyl-2-propanone
13
(P2P), in a quantity of five ounces or more including any
14
adulterants or dilutants is guilty of a crime of the first degree.
15
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a
16
fine of up to $300,000 may be imposed;
17
(9) (a) Methamphetamine, or its analog, or phenyl-2-propanone
18
(P2P), in a quantity of one-half ounce or more but less than five
19
ounces including any adulterants or dilutants is guilty of a crime of
20
the second degree;
21
(b) Methamphetamine, or its analog, or phenyl-2-propanone
22
(P2P), in a quantity of less than one-half ounce including any
23
adulterants or dilutants is guilty of a crime of the third degree
24
except that notwithstanding the provisions of subsection b. of
25
N.J.S.2C:43-3, a fine of up to $75,000 may be imposed;
26
(10) (a) Marijuana in a quantity of 25 pounds or more
27
including any adulterants or dilutants, or 50 or more marijuana
28
plants, regardless of weight, or hashish in a quantity of five pounds
29
or more including any adulterants or dilutants, is guilty of a crime
30
of the first degree. Notwithstanding the provisions of subsection a.
31
of N.J.S.2C:43-3, a fine of up to $300,000 may be imposed;
32
(b) Marijuana in a quantity of five pounds or more but less than
33
25 pounds including any adulterants or dilutants, or 10 or more but
34
fewer than 50 marijuana plants, regardless of weight, or hashish in a
35
quantity of one pound or more but less than five pounds, including
36
any adulterants and dilutants, is guilty of a crime of the second
37
degree;
38
(11) (a) Prior to the effective date of P.L. , c. (C. )
39
(passed both Houses on December 17, 2020 as Second Reprint of
40
Assembly Bill No. 21), marijuana in a quantity of one ounce or
41
more but less than five pounds including any adulterants or
42
dilutants, or hashish in a quantity of five grams or more but less
43
than one pound including any adulterants or dilutants, is guilty of a
44
crime of the third degree except that, notwithstanding the provisions
45
of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be
46
imposed;
47
A5342 [1R]
14
(b) On and after the effective date of P.L. , c. (C. )
1
(passed both Houses on December 17, 2020 as Second Reprint of
2
Assembly Bill No. 21), marijuana in a quantity of more than one
3
ounce but less than five pounds including any adulterants or
4
dilutants, or hashish in a quantity of more than five grams but less
5
than one pound including any adulterants or dilutants, is guilty of a
6
crime of the third degree except that, notwithstanding the provisions
7
of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be
8
imposed;
9
(12) (a) Prior to the effective date of P.L. , c. (C. )
10
(passed both Houses on December 17, 2020 as Second Reprint of
11
Assembly Bill No. 21), marijuana in a quantity of less than one
12
ounce including any adulterants or dilutants, or hashish in a
13
quantity of less than five grams
including any adulterants or
14
dilutants, is guilty of a crime of the fourth degree;
15
(b) On and after the effective date of P.L. , c. (C. )
16
(passed both Houses on December 17, 2020 as Second Reprint of
17
Assembly Bill No. 21), marijuana in a quantity of one ounce or less
18
including any adulterants or dilutants, or hashish in a quantity of
19
five grams or less including any adulterants or dilutants, is, for a
20
first offense, subject to a [written] point-of-violation warning, as
21
defined in section 1 of P.L.1979, c.264 (C.2C:33-15), which also
22
[indicates] includes a written indication that any subsequent
23
violation is a crime punishable by a term of imprisonment, a fine, or
24
both, and for a second or subsequent offense, is guilty of a crime of
25
the fourth degree;
26
(i)
The odor of marijuana or hashish, or burnt marijuana or
27
hashish, shall not constitute reasonable articulable suspicion to
28
initiate a search of a person to determine a violation of
29
subparagraph (b) of
paragraph (12) of this subsection. A person
30
who violates this subparagraph
shall not be subject to arrest,
31
detention, or otherwise be taken into custody, unless the person is
32
being arrested, detained, or otherwise taken into custody for also
33
committing another violation of law for which that action is legally
34
permitted or required;
35
(ii)
A person shall not be deprived of any legal or civil right,
36
privilege, benefit, or opportunity provided pursuant to any law
37
solely by reason of committing a violation of subparagraph (b) of
38
paragraph (12) of this subsection, nor shall committing one or more
39
violations modify any legal or civil right, privilege, benefit, or
40
opportunity provided pursuant to any law, including, but not limited
41
to, the granting, renewal, forfeiture, or denial of a license, permit,
42
or certification, qualification for and the receipt, alteration,
43
continuation, or denial of any form of financial assistance, housing
44
assistance, or other social services, rights of or custody by a
45
biological parent, or adoptive or foster parent, or other legal
46
guardian of a child or newborn infant, or pregnant woman, in any
47
action or proceeding by the Division of Child Protection and
48
A5342 [1R]
15
Permanency in the Department of Children and Families, or
1
qualification, approval, or disapproval to serve as a foster parent or
2
other legal guardian;
3
(iii)
Point-of-violation warnings conducted pursuant
4
subparagraph (b) of paragraph (12) of subsection b. of this section
5
shall be reported to the Attorney General in the same manner as
6
actions referred to as curbside adjustments pursuant to Attorney
7
General Law Enforcement Directive No. 2020-12, and this
8
reporting may also include information for use in determining
9
whether a person who violates this subparagraph had previously
10
been subjected to a point-of-violation warning for a prior violation
11
of this subparagraph, provided that the information may be used for
12
that purpose only and shall not be included in the statistical
13
reporting compiled and made available by the Attorney General in
14
accordance with section 3 of P.L. , c. (C. ) (pending before
15
the Legislature as this bill) and pursuant to Attorney General Law
16
Enforcement Directive No. 2020-12.
17
(iv) All local and county law enforcement authorities shall,
18
following the submission process used for the uniform crime
19
reporting system established by P.L.1966, c.37 (C.52:17B-
20
5.1 et seq.), submit a quarterly report to the Uniform Crime
21
Reporting Unit, within the Division of State Police in the
22
Department of Law and Public Safety, or to another designated
23
recipient determined by the Attorney General, containing the
24
number of second or subsequent violations of subparagraph (b) of
25
paragraph (12) of this subsection committed within their respective
26
jurisdictions, plus the race, ethnicity, gender, and age of each
27
person committing a violation, and the disposition of each person’s
28
violation. These violations and associated information, along with
29
a quarterly summary of violations investigated, and associated
30
information collected, by the Division of State Police for the same
31
period shall be summarized by county and municipality in an annual
32
report, and both quarterly summaries and annual reports shall be
33
made available at no cost to the public on the Division of State
34
Police’s Internet website;
35
(13) Any other controlled dangerous substance classified in
36
Schedule I, II, III or IV, or its analog, is guilty of a crime of the
37
third degree, except that, notwithstanding the provisions of
38
subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be
39
imposed; or
40
(14) Any Schedule V substance, or its analog, is guilty of a
41
crime of the fourth degree except that, notwithstanding the
42
provisions of subsection b. of N.J.S.2C:43-3, a fine of up to
43
$25,000 may be imposed.
44
c. Where the degree of the offense for violation of this section
45
depends on the quantity of the substance, the quantity involved
46
shall be determined by the trier of fact, other than with respect to a
47
first violation of subparagraph (b) of paragraph (12) of subsection
48
A5342 [1R]
16
b. of this section which is subject to a written point-of-violation
1
warning as set forth in that subparagraph. Where the indictment or
2
accusation so provides, the quantity involved in individual acts of
3
manufacturing, distribution, dispensing or possessing with intent to
4
distribute may be aggregated in determining the grade of the
5
offense, whether distribution or dispensing is to the same person or
6
several persons, provided that each individual act of manufacturing,
7
distribution, dispensing or possession with intent to distribute was
8
committed within the applicable statute of limitations.
9
(cf: P.L.2021, c. , s.55)]
1
10
11
1
3. (New section) A law enforcement officer, when responding
12
to a call for service or upon the initiation of any other law
13
enforcement or investigative encounter related to a violation or
14
suspected violation of paragraph (1) of subsection a. of section 1 of
15
P.L.1979, c.264 (C.2C:33-15), concerning the possession or
16
consumption of alcoholic beverages, marijuana, hashish, or any
17
cannabis item by a person under the legal age to purchase alcoholic
18
beverages or cannabis items, shall be guilty of a crime of official
19
deprivation of civil rights as defined in section 2 of P.L.2003, c.31
20
(C.2C:30-6) if that officer knowingly violates the provisions of
21
subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15) that
22
address law enforcement actions involving persons who are under
23
the legal age to purchase alcoholic beverages or cannabis items by
24
requesting that a person consent to a search who is not capable of
25
giving lawful consent or searching a person after wrongfully
26
obtaining that person’s consent, initiating an investigatory stop
27
without reasonable articulable suspicion, initiating a search without
28
probable cause, issuing a warning or write-up without a proper basis
29
that a person committed a violation, or detaining or taking into
30
custody a person in a manner or for a longer period beyond the
31
extent required to issue a warning or write-up, or arresting a person
32
for a possession or consumption violation of paragraph (1) of
33
subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15), or if that
34
officer knowingly engages in any other unlawful act, as described in
35
subsection e. of section 2 of P.L.2003, c.31 (C.2C:30-6), against the
36
person arising out of the call for service or initiation of any other
37
law enforcement or investigative encounter, including but not
38
limited to the unjustified use of force in violation of N.J.S.2C:3-7.
39
A violation set forth in this section shall not require that the law
40
enforcement officer have acted with the purpose to intimidate or
41
discriminate against a person or group of persons because of race,
42
color, religion, gender, handicap, sexual orientation or ethnicity. A
43
violation of this section shall be graded in the same manner as set
44
forth in section 2 of P.L.2003, c.21 (C.2C:30-6) for other crimes of
45
official deprivation of civil rights.
1
46
A5342 [1R]
17
4. (New section) a. (1) The Attorney General shall biannually
1
issue a comprehensive report detailing the
1
number of occurrences
2
and other
1
statistics
1
[for] , without revealing or including any
3
personal identifying information, concerning first, second, third and
4
subsequent violations of paragraph (1) of subsection a. of section 1
5
of P.L.1979, c.264 (C.2C:33-15) involving the possession or
6
consumption of any alcoholic beverage, marijuana, hashish, or
7
cannabis items by persons under the legal age to purchase alcoholic
8
beverages or cannabis items, the municipal, county or other
9
geographic areas within which first, second, third and subsequent
10
violations occur, and the law enforcement agencies involved in
11
first, second, third and subsequent violations, covering
1
the
12
previous six-month period
1
[on all point-of-violation warnings and
13
juvenile interventions conducted pursuant section 1 of P.L.1979,
14
c.264 (C.2C:33-15) for violations of that section involving underage
15
possession or consumption of marijuana, hashish, or cannabis items,
16
which were compiled and made available in accordance with that
17
section and pursuant to Attorney General Law Enforcement
18
Directive No. 2020-12]
1
. The initial report shall be issued by June
19
30, 2021,
1
the second report shall be issued by January 30, 2022,
1
20
and
1
then the next report issued
1
every six months thereafter. Each
21
report shall also be submitted to the Governor and the Legislature
22
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
23
1
(2) The Attorney General shall also make reports
available to
24
the task force established pursuant to subsection b. of this section
25
based on the Attorney General’s periodic review of body worn
26
camera recordings of law enforcement officers responding to a call
27
for service related to a violation or suspected violation of paragraph
28
(1) of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15), or
29
at the initiation of any other law enforcement or investigative
30
encounter between an officer and a person related to a violation or
31
suspected violation of that paragraph, which recordings are required
32
to be made in accordance with paragraph (4) of subsection a. of
33
section 1 of P.L.1979, c.264 (C.2C:33-15). The periodic review
34
shall be conducted using body worn camera recordings both
35
selected by the Attorney General and randomly determined, and the
36
task force may request an Attorney General review a particular
37
municipality, region, or time period. The identity of any person
38
included in a recording reviewed by the Attorney General shall be
39
kept confidential and shall not be revealed to the members of the
40
task force or any staff provided to the task force by the Department
41
of Law and Public Safety pursuant to paragraph (6) of subsection b.
42
of this section to support its work.
1
43
b. (1) A taskforce shall be established in the Department of
44
Law and Public Safety, comprised of 26 members to review each
45
1
Attorney General
1
report
1
described in subsection a. of this
46
section
1
, and make recommendations thereon to the Governor and
47
A5342 [1R]
18
Legislature related to law enforcement activities to address the
1
enforcement of underage possession or consumption of
1
alcoholic
2
beverages,
1
marijuana, hashish, or cannabis items in violation of
3
section 1 of P.L.1979, c.264 (C.2C:33-15), as well as the broader
4
issue of underage possession or consumption of these substances.
5
(2) The membership of the taskforce shall include the following
6
individuals:
7
(a) the Attorney General, or a designee;
8
(b) the Public Defender, or a designee;
9
(c) the Commissioner of the Department of Children and
10
Families, or a designee;
11
(d) the Commissioner of Education, or a designee;
12
(e) a representative from the Juvenile Justice Commission,
13
appointed by the Governor;
14
(f) a representative from the Division of Criminal Justice in the
15
Department of Law and Public Safety, appointed by the Governor;
16
(g) the Chair of the Governor’s Juvenile Justice Delinquency and
17
Prevention Committee;
18
(h) two members appointed by the Governor upon the
19
recommendation of the President of the Senate
1
, at least one of
20
whom shall be a member of the Legislative Black Caucus or
21
Legislative Latino Caucus, determined in coordination with the
22
members recommended by the Speaker of the General Assembly
23
pursuant to subparagraph (i) of this paragraph, so that there is at
24
least one member of each caucus serving as a member of the task
25
force
1
;
26
(i) two members appointed by the Governor upon the
27
recommendation of the Speaker of the General Assembly
1
, at least
28
one of whom shall be a member of the Legislative Black Caucus or
29
Legislative Latino Caucus, determined in coordination with the
30
members recommended by the Senate President pursuant to
31
subparagraph (h) of this paragraph, so that there is at least one
32
member of each caucus serving as a member of the task force
1
;
33
(j)
1
[a Judge of the Superior Court, who is currently assigned to
34
the Chancery Division, Family Part for juvenile delinquency
35
matters, to be chosen by]
1
the Administrative Director of the Courts
36
1
, or a designee
1
;
37
(k) a representative from the New Jersey Institute for Social
38
Justice, appointed by the Governor;
39
(l) a representative from the American Civil Liberties Union of
40
New Jersey, appointed by the Governor;
41
(m) a representative from the County Prosecutors Association of
42
New Jersey who is actively and presently involved in juvenile
43
matters, appointed by the Governor;
44
(n) a representative from the New Jersey Juvenile Officers
45
Association, appointed by the Governor;
46
A5342 [1R]
19
(o) one representative each from the Annie E. Casey Foundation
1
and Vera Institute of Justice, both appointed by the Governor;
2
(p) a representative of the NAACP New Jersey State Conference,
3
appointed by the Governor;
4
(q) a representative of Salvation and Social Justice, appointed by
5
the Governor;
6
(r) a representative from the County Youth Services
7
Commission Administrators, appointed by the Governor;
8
(s) a representative from the faith-based ethical community in
9
New Jersey, appointed by the Governor;
10
(t) a representative of an employee organization representing
11
employees who work at juvenile justice facilities, appointed by the
12
Governor; and
13
(u) three representatives who have been involved with the New
14
Jersey juvenile justice system, appointed by the Governor,
15
including at least one representative of a non-profit organization
16
that deals with juvenile justice issues and at least one individual
17
who has been subject to the custody of the juvenile justice system.
18
(3) All members appointed by the Governor
1
, other than the
19
members of the Legislature recommended for appointment,
1
shall
20
serve at the pleasure of the Governor.
1
The members of the
21
Legislature shall serve on the task force during their elective term
22
of office.
1
Any vacancies in the membership of the task force shall
23
be filled in the same manner as the original appointments were
24
made.
25
(4) Members of the task force shall serve without compensation,
26
but shall be reimbursed for necessary expenditures incurred in the
27
performance of their duties as members of the task force within the
28
limits of funds appropriated or otherwise made available to the task
29
force for its purposes.
30
(5) The task force shall organize as soon as practicable
31
following the appointment of its members. The task force shall
32
choose a chairperson from among its members and shall appoint a
33
secretary who need not be a member of the task force.
34
(6) The Department of Law and Public Safety shall provide such
35
stenographic, clerical, and other administrative assistants, and such
36
professional staff as the task force requires to carry out its work.
37
38
1
5. Section 41
of P.L. , c. (C. ) (passed both Houses of
39
the Legislature on December 17, 2020 as Second Reprint of
40
Assembly Bill No. 21) is amended to read as follows:
41
41. Cannabis Regulatory, Enforcement Assistance, and
42
Marketplace Modernization Fund.
43
a. All fees and penalties collected by the commission, and all
44
tax revenues on retail sales of cannabis items, and all tax revenues
45
collected pursuant to the provisions of the “Jake Honig
46
Compassionate Use Medical Cannabis Act,” P.L.2009, c.307
47
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20
(C.24:6I-1 et al.), except for amounts credited to the Property Tax
1
Reform Account in the Property Tax Relief Fund pursuant to
2
paragraph 7 of Section I of Article VIII of the New Jersey
3
Constitution, as well as all revenues, if any, collected for the Social
4
Equity Excise Fee pursuant to section 39 of P.L. , c. (C. )
5
(passed both Houses of the Legislature on December 17, 2020 as
6
Second Reprint of Assembly Bill No. 21), shall be deposited in a
7
special nonlapsing fund which shall be known as the “Cannabis
8
Regulatory, Enforcement Assistance, and Marketplace
9
Modernization Fund [.] ,” with 15 percent of the monies deposited
10
being placed into an account within the fund to be known as the
11
“Underage Deterrence and Prevention Account.”
12
b. Monies in the fund, other than any monies derived from the
13
Social Equity Excise Fee to be appropriated annually in accordance
14
with subsection d. of this section and the monies placed into the
15
“Underage Deterrence and Prevention Account” within the fund for
16
the commission to fund programs and services in accordance with
17
subsection e. of this section, shall be appropriated annually as
18
follows:
19
(1) at least 70 percent of all tax revenues on retail sales of
20
cannabis items shall be appropriated for investments, including
21
through grants, loans, reimbursements of expenses, and other
22
financial assistance, in municipalities defined as an “impact zone”
23
pursuant to section 3 of P.L. , c. (C. ) (passed both Houses
24
of the Legislature on December 17, 2020 as Second Reprint of
25
Assembly Bill No. 21), as well as provide direct financial assistance
26
to qualifying persons residing therein as recommended
by the
27
commission; and
28
(2) the remainder of the monies in the fund shall be appropriated
29
by the Legislature to include the following:
30
(a) to
oversee the development, regulation, and enforcement of
31
activities associated with the personal use of cannabis pursuant to
32
P.L. , c. (C. ) (passed both Houses of the Legislature on
33
December 17, 2020 as Second Reprint of Assembly Bill No. 21),
34
and assist with assuming responsibility from the Department of
35
Health for the further development and expansion, regulation, and
36
enforcement of activities associated with the medical use of
37
cannabis pursuant to the “Jake Honig Compassionate Use Medical
38
Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015,
39
c.158 (C.18A:40-12.22 et al.);
40
(b) to reimburse the expenses incurred by any county or
41
municipality for the training costs associated with the attendance
42
and participation of a police officer from its law enforcement unit,
43
as those terms are defined in section 2 of P.L.1961, c.56 (C.52:17B-
44
67), in a program provided by an approved school, also defined in
45
that section, which trains and certifies the police officer, including a
46
police officer with a working dog as that term is defined in section
47
1 of P.L.2006, c.88 (C.10:5-29.7), as a Drug Recognition Expert for
48
A5342 [1R]
21
detecting, identifying, and apprehending drug-impaired motor
1
vehicle operators, and pay for the same training costs incurred by
2
the Division of State Police in the Department of Law and Public
3
Safety for the training of a State police officer or trooper, including
4
an officer or trooper with a working dog, as a Drug Recognition
5
Expert, as well as its costs in furnishing additional program
6
instructors to provide Drug Recognition Expert training to police
7
officers, troopers, and working dogs. A municipality or county
8
seeking reimbursement shall apply to the commission, itemizing the
9
costs, with appropriate proofs, for which reimbursement is
10
requested and provide a copy of the certificate issued to the police
11
officer to indicate the successful completion of the program by the
12
police officer, and that officer’s working dog, if applicable; and
13
(c) for further investments, including through grants, loans,
14
reimbursements of expenses, and other financial assistance, in
15
municipalities defined as an “impact zone” pursuant to section 3 of
16
P.L. , c. (C. ) (passed both Houses of the Legislature on
17
December 17, 2020 as Second Reprint of Assembly Bill No. 21), as
18
well as provide direct financial assistance to qualifying persons
19
residing therein as recommended
by the commission.
20
The monies appropriated pursuant to paragraph (1) of this
21
subsection shall be offset by any revenue constitutionally dedicated
22
to municipalities defined as an “impact zone” pursuant to section 3
23
of P.L. , c. (C. ) (passed both Houses of the Legislature on
24
December 17, 2020 as Second Reprint of Assembly Bill No. 21).
25
c. Any remaining available monies, after the appropriation of
26
those monies in the fund in accordance with subsection b. of this
27
section, shall be deposited in the State’s General Fund.
28
d. (1) (a) Not less than 60 days prior to the first day of each
29
State fiscal year, the commission shall consult and make
30
recommendations to the Governor and Legislature for making social
31
equity appropriations based upon the amount of any revenues
32
collected during the current fiscal year for the Social Equity Excise
33
Fee pursuant to section 39 of P.L. , c. (C. ) (passed both
34
Houses of the Legislature on December 17, 2020 as Second Reprint
35
of Assembly Bill No. 21), or, if the commission has not imposed or
36
adjusted the excise fee in the current fiscal year pursuant to that
37
section, then appropriations to be made from the General Fund in an
38
amount equal to the revenues that would have been collected had it
39
imposed or adjusted the fee, in order to invest, through grants,
40
loans, reimbursements of expenses, and other financial assistance,
41
in private for-profit and non-profit organizations, public entities,
42
including any municipality defined as an “impact zone” pursuant to
43
section 3 of P.L. , c. (C. ) (passed both Houses of the
44
Legislature on December 17, 2020 as Second Reprint of Assembly
45
Bill No. 21), as well as provide direct financial assistance to
46
qualifying persons as determined by the commission, in order to
47
create, expand, or promote educational and economic opportunities
48
A5342 [1R]
22
and activities, and the health and well-being of both communities
1
and individuals.
2
(b) Not less than 30 days prior to submitting its
3
recommendations to the Governor and Legislature pursuant to
4
subparagraph (a) of this paragraph, the commission shall hold at
5
least three regional public hearing throughout the State, with at least
6
one hearing in the northern, central, and southern regions of the
7
State, to solicit the public input on the social equity investments to
8
be made as described in this section.
9
(2) The commission’s recommendations to the Governor and
10
Legislature may include, but are not limited to, recommending
11
investments in the following categories of social equity programs:
12
(a) educational support, including literacy programs, extended
13
learning time programs that endeavor to close the achievement gap
14
and provide services for enrolled students after the traditional
15
school day, GED application and preparedness assistance, tutoring
16
programs, vocational programming, and financial literacy;
17
(b) economic development, including the encouragement and
18
support of community activities so as to stimulate economic activity
19
or increase or preserve residential amenities, and business
20
marketing, and job skills and readiness training, specific
21
employment training, and apprenticeships;
22
(c) social support services, including food assistance, mental
23
health services, substance use disorders treatment and recovery,
24
youth recreation and mentoring services, life skills support services,
25
and reentry and other rehabilitative services for adults and juveniles
26
being released from incarceration; and
27
(d) legal aid for civil and criminal cases, regardless of a party’s
28
citizenship or immigration status.
29
(3) The commission may also, subject to the annual
30
appropriations act, recommend that it retain a portion of the Social
31
Equity Excise Fee to administer startup grants, low-interest loans,
32
application fee assistance, and job training programs through the
33
commission’s Office of Minority, Disabled Veterans and Women
34
Cannabis Business Development established by section 32 of
35
P.L.2019, c.153 (24:6I-25).
36
(4) Prior to the first day of each fiscal year, the Legislature shall
37
provide to the commission a statement which lists the investments,
38
including the investment recipients and investment amount, to be
39
made by appropriations as set forth in paragraph (1) of this
40
subsection based upon recommendations presented to the Governor
41
and Legislature pursuant to paragraphs (1) through (3) of this
42
subsection, and how the investment is intended to support and
43
advance social equity as described in this subsection.
44
e. The monies deposited in the “Underage Deterrence and
45
Prevention Account” within the fund shall be used by the
46
commission, based on the acceptance of applications submitted on a
47
form and through an approval or denial process promulgated by the
48
A5342 [1R]
23
commission, to fund private for-profit and non-profit organizations,
1
and county and municipal programs and services that offer social
2
services, educational, recreational, and employment opportunities,
3
and local economic development designed to encourage, improve,
4
and support youthful community activities to divert and prevent
5
persons under 18 years of age from activities associated with the
6
consumption of cannabis items, or marijuana or hashish.
1
7
(cf: P.L.2021, c. , s.41)
8
9
1
6. (New section) a. A person who is not otherwise subject to
10
the penalty provisions for a licensed cannabis establishment,
11
distributor, or delivery service, or agent or employee thereof, for
12
selling or otherwise providing a cannabis item to a person under 21
13
years of age as set forth in section 64 of P.L. , c. (C. )
14
(passed both Houses of the Legislature on December 17, 2020 as
15
Second Reprint of Assembly Bill No. 21), shall not, either directly
16
or indirectly by an agent or employee, sell, offer for sale, distribute
17
for commercial purpose or otherwise at no cost or minimal cost or
18
with coupons or rebate offers, give, or furnish, any cannabis item as
19
defined in section 3 of P.L. , c. (C. ) (passed both Houses of
20
the Legislature on December 17, 2020 as Second Reprint of
21
Assembly Bill No. 21) to a person under 21 years of age.
22
b. A person who violates the provisions of subsection a. of this
23
section who actually sells or otherwise provides a cannabis item to
24
a person under 21 years of age, shall be liable to a civil penalty of
25
not less than $250 for the first violation, not less than $500 for the
26
second violation, and shall be guilty of a petty disorderly persons
27
offense for the third and each subsequent violation. The civil
28
penalty shall be collected pursuant to the "Penalty Enforcement
29
Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary
30
proceeding before the municipal court having jurisdiction. An
31
official authorized by the Cannabis Regulatory Commission
32
established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24),
33
or authorized by statute or ordinance to enforce the State or local
34
health codes or a law enforcement officer having enforcement
35
authority in that municipality may issue a summons for a violation
36
of the provisions of subsection a. of this section, and, with respect
37
to a civil penalty, may serve and execute all process with respect to
38
the enforcement of this section consistent with the Rules of Court.
39
A civil penalty recovered under the provisions of this subsection
40
shall be recovered by and in the name of the State by the local
41
health agency. The penalty shall be paid into the treasury of the
42
municipality in which the violation occurred for the general uses of
43
the municipality.
44
c. The establishment of all of the following shall constitute a
45
defense to any action brought pursuant to subsection a. of this
46
section:
47
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24
(1) that the purchaser or the recipient of the cannabis item
1
falsely represented, by producing a driver's license or non-driver
2
identification card issued by the New Jersey Motor Vehicle
3
Commission, a similar card issued pursuant to the laws of another
4
state or the federal government of Canada, a photographic
5
identification card issued by a county clerk, or other form of
6
government-issued identification described in subparagraph (a) of
7
paragraph (6) of subsection a. of section 18 of P.L. , c. (C. )
8
(passed both Houses of the Legislature on December 17, 2020 as
9
Second Reprint of Assembly Bill No. 21), that the purchaser or
10
recipient was of legal age to make the purchase or receive the
11
cannabis item;
12
(2) that the appearance of the purchaser or recipient was such
13
that an ordinary prudent person would believe the purchaser or
14
recipient to be of legal age to make the purchase or receive the
15
cannabis item; and
16
(3) that the sale or distribution was made in good faith, relying
17
upon the production of the identification set forth in paragraph (1)
18
of this subsection, the appearance of the purchaser or recipient, and
19
in the reasonable belief that the purchaser or recipient was of legal
20
age to make the purchase or receive the sample.
21
d. A civil penalty imposed pursuant to this section shall be in
22
addition to any penalty that may be imposed pursuant to section 3
23
of P.L.1999, c.90 (C.2C:33-13.1).
1
24
25
1
7. (New Section) The Cannabis Regulatory Commission
26
established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24)
27
and the Commissioner of Health are authorized to coordinate and
28
enforce the provisions of section 6 of P.L. , c. (C. ) (pending
29
before the Legislature as this bill) with respect to the prohibition on
30
the sale or distribution of cannabis items, as defined in section 3 of
31
P.L. , c. (C. ) (passed both Houses of the Legislature on
32
December 17, 2020 as Second Reprint of Assembly Bill No. 21), to
33
persons under 21 years of age. The commission, or commissioner,
34
or both, may delegate the enforcement authority provided in this
35
section to local health agencies, subject to the availability of
36
sufficient funding. The commission, in consultation with the
37
commissioner, shall report on the enforcement program's progress,
38
results of enforcement efforts, and other matters the commission
39
deems appropriate in the commission’s annual report on personal
40
use cannabis activities that is prepared pursuant to paragraph (3) of
41
subsection a. of section 14 of P.L.2009, c.307 (C.24:6I-12).
1
42
43
1
8. The title of P.L.1995, c.304 is amended to read as follows:
44
AN ACT concerning penalties for the sale and distribution of
45
[tobacco] certain regulated products to persons under the age of
46
[18] 21 years, amending N.J.S.2A:170-51 and P.L.1987, c.423,
47
A5342 [1R]
25
and supplementing chapter 170 of Title 2A of the New Jersey
1
Statutes.
1
2
(cf: P.L.1995, c.304, title)
3
4
1
9. Section 3 of P.L.1995, c.304 (C.2A:170-51.1) is amended to
5
read as follows:
6
3. A person 21 years of age or older who purchases a tobacco
7
product or cannabis item as defined section 3 of P.L. ,
8
c. (C. ) (passed both Houses of the Legislature on December
9
17, 2020 as Second Reprint of Assembly Bill No. 21) for a person
10
who is under 21 years of age is a petty disorderly person.
1
11
(cf: P.L.2017, c.118, s.1)
12
13
1
10. Section 3 of P.L.1999, c.90 (C.2C:33-13.1) is amended to
14
read as follows:
15
3. a. A person who sells or gives to a person under 21 years of
16
age any cigarettes made of tobacco or of any other matter or
17
substance which can be smoked, or any cigarette paper or tobacco
18
in any form, including smokeless tobacco, or any electronic
19
smoking device that can be used to deliver nicotine or other
20
substances to the person inhaling from the device, including, but not
21
limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any
22
cartridge or other component of the device or related product, or
23
any cannabis item as defined in section 3 of P.L. , c. (C. )
24
(passed both Houses of the Legislature on December 17, 2020 as
25
Second Reprint of Assembly Bill No. 21), including an employee of
26
a retail dealer licensee under P.L.1948, c.65 (C.54:40A-1 et seq.) or
27
employee of a licensed cannabis establishment, cannabis distributor,
28
or cannabis delivery service under P.L. , c. (C. ) (passed
29
both Houses of the Legislature on December 17, 2020 as Second
30
Reprint of Assembly Bill No. 21), who actually sells or otherwise
31
provides a tobacco product [or] , electronic smoking device , or
32
cannabis item to a person under 21 years of age, shall be punished
33
by a fine as provided for a petty disorderly persons offense. A
34
person who has been previously punished under this section and
35
who commits another offense under it may be punishable by a fine
36
of twice that provided for a petty disorderly persons offense.
37
b. The establishment of all of the following shall constitute a
38
defense to any prosecution brought pursuant to subsection a. of this
39
section:
40
(1) that the purchaser or recipient of the tobacco product [or] ,
41
electronic smoking device , or cannabis item falsely represented, by
42
producing [either] a driver's license or non-driver identification
43
card issued by the New Jersey Motor Vehicle Commission, a
44
similar card issued pursuant to the laws of another state or the
45
federal government of Canada, [or] a photographic identification
46
card issued by a county clerk, or other form of government-issued
47
A5342 [1R]
26
identification described in subparagraph (a) of paragraph (6) of
1
subsection a. of section 18 of P.L. , c. (C. ) (passed both
2
Houses of the Legislature on December 17, 2020 as Second Reprint
3
of Assembly Bill No. 21), that the purchaser or recipient was of
4
legal age to purchase or receive the tobacco product [or] ,
5
electronic smoking device, or cannabis item;
6
(2) that the appearance of the purchaser or recipient of the
7
tobacco product [or] , electronic smoking device , or cannabis item
8
was such that an ordinary prudent person would believe the
9
purchaser or recipient to be of legal age to purchase or receive the
10
tobacco product [or] , electronic smoking device , or cannabis
11
item; and
12
(3) that the sale or distribution of the tobacco product [or] ,
13
electronic smoking device , or cannabis item was made in good
14
faith, relying upon the production of the identification set forth in
15
paragraph (1) of this subsection, the appearance of the purchaser or
16
recipient, and in the reasonable belief that the purchaser or recipient
17
was of legal age to purchase or receive the tobacco product [or] ,
18
electronic smoking device , or cannabis item .
19
c. A penalty imposed pursuant to this section shall be in
20
addition to any penalty that may be imposed pursuant to section 1
21
of P.L.2000, c.87 (C.2A:170-51.4) concerning tobacco products or
22
electronic smoking devices, or section 64 of P.L. , c. (C. )
23
(passed both Houses of the Legislature on December 17, 2020 as
24
Second Reprint of Assembly Bill No. 21) or section 6
of
25
P.L. , c. (C. ) (pending before the Legislature as this bill)
26
concerning cannabis items.
1
27
(cf: P.L.2017, c.118, s.3)
28
29
1
11. Section 46 of P.L. , c. (C. ) (passed both Houses of
30
the Legislature on December 17, 2020 as Second Reprint of
31
Assembly Bill No. 21) is amended to read as follows:
32
46. Personal Use of Cannabis Items.
33
Notwithstanding any other provision of law, the following acts
34
are not unlawful and shall not be an offense or a basis for seizure or
35
forfeiture of assets under N.J.S.2C:64-1 et seq. or other applicable
36
law for persons 21 years of age or older, provided the acts are
37
consistent with the relevant definitions set forth in section 3 of
38
P.L. , c. (C. ) (passed both Houses of the Legislature on
39
December 17, 2020 as Second Reprint of Assembly Bill No. 21),
40
and when an act involves a cannabis item, it was first obtained
41
directly from a licensed cannabis retailer or delivered by a licensed
42
cannabis delivery service making delivery of a purchase order
43
fulfilled by that licensed cannabis retailer for off-premises delivery,
44
evidenced by it being in its original packaging or by a sales slip,
45
invoice, receipt, or other statement or memorandum:
46
A5342 [1R]
27
a. Possessing, displaying, purchasing, or transporting: cannabis
1
paraphernalia; one ounce (28.35 grams) or less of useable cannabis;
2
the equivalent of one ounce (28.35 grams) or less of usable
3
cannabis as a cannabis product in solid, liquid, or concentrate form,
4
based upon an equivalency calculation for different product forms
5
set by the Cannabis Regulatory Commission, established pursuant
6
to section 31 of P.L.2019, c.153 (C.24:6I-24), in its regulations, and
7
for which the commission may utilize research conducted in other
8
states on the issue of product equivalency calculations when setting
9
this equivalency; or 5 grams (0.176 ounce) or less of cannabis resin.
10
Possessing, displaying, purchasing, or transporting at any one time
11
any amount of any cannabis items described herein in an amount
12
greater than as permitted pursuant to this subsection shall be
13
considered a violation of the “Comprehensive Drug Reform Act of
14
1987,” P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and subject the
15
person to prosecution as if the person possessed, displayed,
16
purchased, or transported marijuana or hashish in violation of that
17
act;
18
b. Transferring without remuneration: one ounce (28.35 grams)
19
or less of useable cannabis; the equivalent of one ounce (28.35
20
grams) or less of usable cannabis as a cannabis product in solid,
21
liquid, or concentrate form, based upon the equivalency calculation
22
for different product forms set by the commission pursuant to
23
subsection a. of this section; or five grams (0.176 ounce) or less of
24
cannabis resin to a person who is of legal age for purchasing
25
cannabis items, provided that such transfer is for non-promotional,
26
non-business purposes. Transferring at any one time any amount of
27
any cannabis items described herein in an amount greater than as
28
permitted pursuant to this subsection [, or to a person who is not of
29
legal age to purchase cannabis items,] shall be considered a
30
violation of the “Comprehensive Drug Reform Act of 1987,”
31
P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and subject the person to
32
prosecution as if the person distributed marijuana or hashish in
33
violation of that act [, unless the transfer] . Transferring to a
34
person who is not of legal age that was done by a cannabis
35
establishment, distributor, or delivery service licensed pursuant to
36
P.L. , c. (C. ) (passed both Houses of the Legislature on
37
December 17, 2020 as Second Reprint of Assembly Bill No. 21), or
38
an employee or agent thereof, [in which case it] or by any other
39
person, is [a civil violation and the] subject to a civil penalty or
40
other legal consequences as set forth in subsection b. of section 64
41
of P.L. , c. (C. ) (passed both Houses of the Legislature on
42
December 17, 2020 as Second Reprint of Assembly Bill No. 21)
43
[shall apply] or section 6
of P.L. , c. (C. ) (pending before
44
the Legislature as this bill), as applicable, and a fine as set forth in
45
section 3 of P.L.1999, c.90 (C.2C:33-13.1);
46
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28
c. Taking delivery of or consuming a lawfully possessed
1
cannabis item, provided that nothing in this section shall permit a
2
person to smoke, vape, or aerosolize any cannabis item in a public
3
place. This prohibition includes the smoking, vaping, or
4
aerosolizing of a cannabis item in any public place pursuant to law
5
that prohibits the smoking of tobacco, including N.J.S.2C:33-13 and
6
the “New Jersey Smoke-Free Air Act,” P.L.2005, c.383 (C.26:3D-
7
55 et seq.), and any indoor public place, as that term is defined in
8
section 3 of P.L.2005, c.383 (C.26:3D-57), or portion thereof, even
9
if the smoking of tobacco is otherwise permitted in that place or
10
portion thereof pursuant to the “New Jersey Smoke-Free Air Act”;
11
except that the smoking, vaping, or aerosolizing of a cannabis item
12
shall be permitted in a cannabis consumption area as set forth in
13
section 28 of P.L.2019, c.153 (C.24:6I-21), and may be permitted
14
by the person or entity that owns or controls a hotel, motel, or other
15
lodging establishment as defined in section 1 of P.L.1967, c.95
16
(C.29:4-5) in up to 20 percent of its guest rooms. The smoking,
17
vaping, or aerosolizing of a cannabis item may also be prohibited or
18
otherwise regulated in multifamily housing that is a multiple
19
dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), as
20
decided by the person or entity that owns or controls the
21
multifamily housing, or prohibited or otherwise regulated in the
22
structure or specific units of the structure of a cooperative as
23
defined in section 3 of P.L.1987, c.381 (C.46:8D-3) by the
24
corporation or other legal entity that owns the structure, or
25
prohibited or otherwise regulated in the units of a condominium, as
26
those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-
27
3), if approved by the association for the condominium and a
28
majority of all of the condominium’s unit owners, as those terms
29
are defined in that section. Except as otherwise provided by P.L. ,
30
c. (C. ) (passed both Houses of the Legislature on December
31
17, 2020 as Second Reprint of Assembly Bill No. 21), any penalties
32
that may be assessed for the smoking of tobacco where prohibited
33
under the “New Jersey Smoke-Free Air Act” shall be applicable to
34
the smoking, vaping, or aerosolizing of cannabis items where
35
prohibited. Concerning the consumption of any cannabis item,
36
other than by smoking, vaping, or aerosolizing: a person or entity
37
that owns or controls a property, other than multifamily housing
38
that is a multiple dwelling as defined in section 3 of P.L.1967, c.76
39
(C.55:13A-3), the structure or specific units of the structure of a
40
cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3),
41
a unit of a condominium, as those terms are defined by section 3 of
42
P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as
43
defined in section 3 of P.L.1983, c.386 (C.40:55D-102), which site
44
is leased to the owner of a manufactured home, as defined in that
45
section, that is installed thereon, may prohibit or otherwise regulate
46
the consumption of cannabis items on or in that property, including
47
a casino hotel facility as defined in section 19 of P.L.1977, c.110
48
A5342 [1R]
29
(C.5:12-19) with respect to a hotel property, a casino as defined in
1
section 6 of P.L.1977, c.110 (C.5:12-6), or casino simulcasting
2
facility authorized pursuant to the “Casino Simulcasting Act,”
3
P.L.1992, c.19 (C.5:12-191 et al.); [and a municipality may enact
4
an ordinance making it an unlawful act for any person 21 years of
5
age or older to consume, other than by smoking, vaping, or
6
aerosolizing, any cannabis item in a public place, including any
7
indoor public place as that term is defined in section 3 of P.L.2005,
8
c.383 (C.26:3D-57), or portion thereof, and providing a civil
9
penalty for a violation in accordance with section 77 of P.L. ,
10
c. (C. ) (passed both Houses of the Legislature on December
11
17, 2020 as Second Reprint of Assembly Bill No. 21);] and
12
d. Assisting another person to engage in any of the acts
13
described in subsections a. through c. of this section, provided that
14
the person being assisted is of legal age to purchase cannabis items
15
and the assistance being provided is without remuneration.
1
16
(cf: P.L.2021, c. , s.46)
17
18
1
12. Section 64 of P.L. , c. (C. ) (passed both Houses of
19
the Legislature on December 17, 2020 as Second Reprint of
20
Assembly Bill No. 21) is amended to read as follows:
21
64. Prohibition of Persons Under the Legal Age Purchasing
22
Cannabis or Cannabis Resin.
23
Consistent with the relevant definitions set forth in section 3 of
24
P.L. , c. (C. ) (passed both Houses of the Legislature on
25
December 17, 2020 as Second Reprint of Assembly Bill No. 21):
26
a. A cannabis establishment licensee, cannabis distributor
27
licensee, or cannabis delivery service licensee, either directly or
28
indirectly by an agent or employee, shall not sell, offer for sale,
29
distribute for commercial purpose at no cost or minimal cost, or
30
give or furnish for consumption, any cannabis items to a person
31
under 21 years of age.
32
b. Any licensee or employee or agent of a licensee who
33
[allows] violates subsection a. of this section who sells or
34
otherwise provides a person under [the age of] 21 [to procure]
35
years of age cannabis items which, pursuant to section 46 of P.L. ,
36
c. (C. ) (passed both Houses of the Legislature as Second
37
Reprint of Assembly Bill No. 21) are [not unlawful] lawful for
38
persons 21 years of age or older to procure for personal use, shall be
39
subject to a civil penalty of not less than $250 for the first violation;
40
$500 for the second violation; and [$1,000] shall be guilty of a
41
petty disorderly persons offense for the third and each subsequent
42
violation; a civil
penalty imposed pursuant to this subsection shall
43
be in addition [subject] to any penalty that may be imposed
44
pursuant to section 3 of P.L.1999, c.90 (C.2C:33-13.1). Subject to a
45
hearing, a licensee’s license may also be revoked, suspended, or
46
otherwise limited. The civil penalties provided for in this subsection
47
A5342 [1R]
30
shall be recovered by a summary proceeding pursuant to the
1
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10
2
et seq.).
3
c. The establishment of all of the following facts by a licensee,
4
employee, or agent, allowing any such person under [the age of] 21
5
years of age to procure cannabis items shall constitute a defense to
6
any violation of the provisions of subsection a. [or b.] of this
7
section:
8
(1) That the purchaser or recipient of the cannabis item falsely
9
represented that the purchaser or recipient was of legal age to make
10
the purchase or receive the cannabis item, by producing a driver’s
11
license or non-driver identification card issued by the New Jersey
12
Motor Vehicle Commission, a similar card issued pursuant to the
13
laws of another state or the federal government of Canada, a
14
photographic identification card issued by a county clerk, or other
15
form of government-issued identification [card as set forth]
16
described in subparagraph (a) of paragraph (6) of subsection a. of
17
section 18 of P.L. , c. (C. ) (passed both Houses of the
18
Legislature on December 17, 2020 as Second Reprint of Assembly
19
Bill No. 21), to determine the consumer’s identity and age; [and]
20
(2) That the appearance of the purchaser or recipient was such
21
that an ordinary prudent person would believe the purchaser or
22
recipient to be of legal age to purchase or receive the cannabis item;
23
and
24
(3) That the sale or distribution was made in good faith, relying
25
upon the production of the identification set forth in paragraph (1)
26
of this subsection, the appearance of the purchaser or recipient, and
27
in the reasonable belief that the purchaser or recipient was actually
28
of legal age to make the purchase or receive the cannabis item.
29
d. [It shall be unlawful for a] A person under [the age of] 21
30
[to] years of age shall not purchase, acquire, or attempt to purchase
31
or acquire a cannabis item, even if the cannabis item may be legally
32
purchased by persons at or above the legal age for purchasing
33
cannabis items.
34
For purposes of this subsection, purchasing a cannabis item
35
includes accepting a cannabis item, and acquiring a cannabis item
36
incudes consuming a cannabis item.
37
e. [It shall be unlawful for a] A person under [the age of] 21
38
[to] years of age shall not present or offer to a cannabis
39
establishment, distributor, or delivery service, or the cannabis
40
establishment’s, distributor’s, or delivery service’s agent or
41
employee, any written or oral evidence of age or other personal
42
identifying information that is false, fraudulent, or not actually the
43
person’s own, including the use of a driver’s license or other
44
government-issued form of identification in violation of section 1 of
45
P.L.1983, c.565 (C.2C:21-2.1), N.J.S.2C:21-17, section 5 of
46
A5342 [1R]
31
P.L.2003, c.184 (C.2C:21-17.2), or section 6 of P.L.1968, c.313
1
(C.33:1-81.7), for the purpose of:
2
(1) Purchasing, attempting to purchase, or otherwise procuring
3
or attempting to procure cannabis items; or
4
(2) Gaining access to a cannabis establishment’s, distributor’s,
5
or delivery service’s premises.
6
f. Except as permitted by the commission by rule or regulation,
7
or as necessary on an emergency basis, a person under legal age for
8
purchasing cannabis items may not enter or attempt to enter any
9
portion of a licensed premises that is posted or otherwise identified
10
as being prohibited to the use of persons under legal age for
11
purchasing cannabis items, unless accompanied by and supervised
12
by a parent or legal guardian.
13
g. [Any person under the legal age to purchase cannabis, who
14
knowingly possesses without legal authority or who knowingly
15
consumes any cannabis
item, in any school, public conveyance,
16
public place, place of public assembly, or motor vehicle, shall be
17
guilty of an offense as set forth in section 1 of P.L.1979, c.264
18
(C.2C:33-15). Any person under the legal age to purchase
19
cannabis, who knowingly possesses without legal authority or who
20
knowingly consumes, any cannabis item on private property shall
21
be guilty of a municipal violation as set forth in section 1 of
22
P.L.2000, c.33 (C.40:48-1.2).] (Deleted by amendment, P.L. ,
23
c. ) (pending before the Legislature as this bill)
24
h. The prohibitions of this section do not apply to a person
25
under the legal age for purchasing cannabis items who is acting
26
under the direction of the commission or under the direction of
27
State or local law enforcement agencies for the purpose of
28
investigating possible violations of the laws prohibiting the sale of
29
cannabis items to persons who are under the legal age for
30
purchasing cannabis items.
31
i. The prohibitions of this section do not apply to a person
32
under the legal age for purchasing cannabis items who is acting
33
under the direction of a licensee for the purpose of investigating
34
possible violations by employees of the licensee of laws prohibiting
35
sales of cannabis items to persons who are under the legal age for
36
purchasing cannabis items.
1
37
(cf: P.L.2021, c. , s.64)
38
39
1
13. Section 1 of P.L.1983, c.565 (C.2C:21-2.1) is amended to
40
read as follows:
41
1. a. A person who knowingly sells, offers or exposes for sale,
42
or otherwise transfers, or possesses with the intent to sell, offer or
43
expose for sale, or otherwise transfer, a document, printed form or
44
other writing which falsely purports to be a driver's license, birth
45
certificate or other document issued by a governmental agency and
46
which could be used as a means of verifying a person's identity or
47
A5342 [1R]
32
age or any other personal identifying information is guilty of a
1
crime of the second degree.
2
b. A person who knowingly makes, or possesses devices or
3
materials to make, a document or other writing which falsely
4
purports to be a driver's license, birth certificate or other document
5
issued by a governmental agency and which could be used as a
6
means of verifying a person's identity or age or any other personal
7
identifying information is guilty of a crime of the second degree.
8
c. A person who knowingly exhibits, displays or utters a
9
document or other writing which falsely purports to be a driver's
10
license, birth certificate or other document issued by a
11
governmental agency and which could be used as a means of
12
verifying a person's identity or age or any other personal identifying
13
information is guilty of a crime of the third degree. A violation of
14
N.J.S.2C:28-7, constituting a disorderly persons offense, section 1
15
of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L. , c. (C. )
16
(passed both Houses of the Legislature on December 17, 2020 as
17
Second Reprint of Assembly Bill No. 21), R.S.33:1-81 or section 6
18
of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the
19
personal identifying information of another to illegally purchase an
20
alcoholic beverage or for using the personal identifying information
21
of another to misrepresent the person’s age for the purpose of
22
obtaining tobacco, cannabis item, or other consumer product denied
23
to persons under 21 years of age shall not [, except as otherwise set
24
forth in this subsection,] constitute an offense under this subsection
25
if the actor received only that benefit or service and did not
26
perpetrate or attempt to perpetrate any additional injury or fraud on
27
another. [If a person used
the personal identifying information of
28
another to misrepresent the person’s age for the purpose of illegally
29
obtaining any cannabis item available for lawful consumption
30
pursuant to the “New Jersey Cannabis Regulatory, Enforcement
31
Assistance,
and Marketplace
Modernization Act,” P.L. ,
32
c. (C. ) (passed both Houses of the Legislature as Second
33
Reprint of Assembly Bill No. 21), the person shall be subject to a
34
civil penalty of $50. The civil penalty provided for in this
35
subjection shall be collected pursuant to the “Penalty Enforcement
36
Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary
37
proceeding before the municipal court having jurisdiction. A civil
38
penalty recovered under the provisions of this subsection shall be
39
recovered by and in the name of the State by the local municipality.
40
The penalty shall be paid into the treasury of the municipality in
41
which the violation occurred for the general use of the
42
municipality.]
43
d. A person who knowingly possesses a document or other
44
writing which falsely purports to be a driver's license, birth
45
certificate or other document issued by a governmental agency and
46
which could be used as a means of verifying a person's identity or
47
age or any other personal identifying information is guilty of a
48
A5342 [1R]
33
crime of the fourth degree. A violation of N.J.S.2C:28-7,
1
constituting a disorderly persons offense, section 1 of P.L.1979,
2
c.264 (C.2C:33-15), section 64 of P.L. , c. (C. ) (passed both
3
Houses of the Legislature on December 17, 2020 as Second Reprint
4
of Assembly Bill No. 21), R.S.33:1-81 or section 6 of P.L.1968,
5
c.313 (C.33:1-81.7) in a case where the person uses the personal
6
identifying information of another to illegally purchase an alcoholic
7
beverage or for using the personal identifying information of
8
another to misrepresent his age for the purpose of obtaining
9
tobacco, any
cannabis item, or other consumer product denied to
10
persons under 21 years of age shall not [, except as otherwise set
11
forth in this subsection,] constitute an offense under this subsection
12
if the actor received only that benefit or service and did not
13
perpetrate or attempt to perpetrate any additional injury or fraud on
14
another. [If the personal identifying information of another is used
15
to obtain any cannabis item available for lawful consumption
16
pursuant to the “New Jersey Cannabis Regulatory, Enforcement
17
Assistance,
and Marketplace
Modernization Act,” P.L. ,
18
c. (C. ) (passed both Houses of the Legislature as Second
19
Reprint of Assembly Bill No. 21), the person shall be subject to a
20
civil penalty of $50. The penalty provided for in this subjection
21
shall be collected pursuant to the “Penalty Enforcement Law of
22
1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary
23
proceeding before the municipal court having jurisdiction. A
24
penalty recovered under the provisions of this subsection shall be
25
recovered by and in the name of the State by the local municipality.
26
The penalty shall be paid into the treasury of the municipality in
27
which the violation occurred for the general use of the
28
municipality.]
29
e. In addition to any other disposition authorized by this Title,
30
the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any
31
other statute indicating the dispositions that may be ordered for an
32
adjudication of delinquency, and, notwithstanding the provisions of
33
subsection c. of N.J.S.2C:43-2, every person convicted of, or
34
adjudicated delinquent or penalized for a violation of any offense
35
defined in this section shall forthwith forfeit his right to operate a
36
motor vehicle over the highways of this State for a period to be
37
fixed by the court at not less than six months or more than two
38
years which shall commence on the day the sentence is imposed. In
39
the case of any person who at the time of the imposition of the
40
sentence is less than 17 years of age, the period of the suspension of
41
driving privileges authorized herein, including a suspension of the
42
privilege of operating a motorized bicycle, shall commence on the
43
day the sentence is imposed and shall run for a period as fixed by
44
the court of not less than six months or more than two years after
45
the day the person reaches the age of 17 years. If the driving
46
privilege of any person is under revocation, suspension, or
47
postponement for a violation of any provision of this Title or Title
48
A5342 [1R]
34
39 of the Revised Statutes at the time of any conviction or
1
adjudication of delinquency for a violation of any offense defined in
2
this chapter or chapter 36 of this Title, the revocation, suspension,
3
or postponement period imposed herein shall commence as of the
4
date of termination of the existing revocation, suspension or
5
postponement.
6
The court before whom any person is convicted of, or
7
adjudicated delinquent or penalized for a violation of any offense
8
defined in this section shall collect forthwith the New Jersey
9
driver's license or licenses of that person and forward the license or
10
licenses to the Chief Administrator of the New Jersey Motor
11
Vehicle Commission along with a report indicating the first and last
12
day of the suspension or postponement period imposed by the court
13
pursuant to this section. If the court is for any reason unable to
14
collect the license or licenses of the person, the court shall cause a
15
report of the conviction or adjudication of delinquency to be filed
16
with the director. The report shall include the complete name,
17
address, date of birth, eye color and sex of the person and shall
18
indicate the first and last day of the suspension or postponement
19
period imposed by the court pursuant to this section. The court
20
shall inform the person orally and in writing that if the person is
21
convicted of personally operating a motor vehicle during the period
22
of license suspension or postponement imposed pursuant to this
23
section, the person shall, upon conviction, be subject to the
24
penalties set forth in R.S.39:3-40. A person shall be required to
25
acknowledge receipt of the written notice in writing. Failure to
26
receive a written notice or failure to acknowledge in writing the
27
receipt of a written notice shall not be a defense to a subsequent
28
charge of a violation of R.S.39:3-40. If the person is the holder of a
29
driver's license from another jurisdiction, the court shall not collect
30
the license, but shall notify forthwith the director who shall notify
31
the appropriate officials in that licensing jurisdiction. The court
32
shall, however, in accordance with the provisions of this section,
33
revoke the person's non-resident driving privileges in this State.
34
In addition to any other condition imposed, a court, in its
35
discretion, may suspend, revoke or postpone the driving privileges
36
of a person admitted to supervisory treatment under N.J.S.2C:36A-1
37
or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.
1
38
(cf: P.L.2021, c. , s.65)
39
40
1
14. N.J.S.2C:21-17 is amended to read as follows:
41
2C:21-17. Impersonation; Theft of identity; crime.
42
a. A person is guilty of a crime if the person engages in one or
43
more of the following actions by any means including, but not
44
limited to, the use of electronic communications or an Internet
45
website:
46
(1) Impersonates another or assumes a false identity and does an
47
act in such assumed character or false identity for the purpose of
48
A5342 [1R]
35
obtaining a benefit for himself or another or to injure or defraud
1
another;
2
(2) Pretends to be a representative of some person or
3
organization and does an act in such pretended capacity for the
4
purpose of obtaining a benefit for himself or another or to injure or
5
defraud another;
6
(3) Impersonates another, assumes a false identity or makes a
7
false or misleading statement regarding the identity of any person,
8
in an oral or written application for services, for the purpose of
9
obtaining services;
10
(4) Obtains any personal identifying information pertaining to
11
another person and uses that information, or assists another person
12
in using the information, in order to assume the identity of or
13
represent himself as another person, without that person's
14
authorization and with the purpose to fraudulently obtain or attempt
15
to obtain a benefit or services, or avoid the payment of debt or other
16
legal obligation or avoid prosecution for a crime by using the name
17
of the other person; or
18
(5) Impersonates another, assumes a false identity or makes a
19
false or misleading statement, in the course of making an oral or
20
written application for services, with the purpose of avoiding
21
payment for prior services. Purpose to avoid payment for prior
22
services may be presumed upon proof that the person has not made
23
full payment for prior services and has impersonated another,
24
assumed a false identity or made a false or misleading statement
25
regarding the identity of any person in the course of making oral or
26
written application for services.
27
As used in this section:
28
"Benefit" means, but is not limited to, any property, any
29
pecuniary amount, any services, any pecuniary amount sought to be
30
avoided or any injury or harm perpetrated on another where there is
31
no pecuniary value.
32
b. (Deleted by amendment, P.L.2005, c.224).
33
c. A person who violates subsection a. of this section is guilty
34
of a crime as follows:
35
(1) If the actor obtains a benefit or deprives another of a benefit
36
in an amount less than $500 and the offense involves the identity of
37
one victim, the actor shall be guilty of a crime of the fourth degree
38
except that a second or subsequent conviction for such an offense
39
constitutes a crime of the third degree; or
40
(2) If the actor obtains a benefit or deprives another of a benefit
41
in an amount of at least $500 but less than $75,000, or the offense
42
involves the identity of at least two but less than five victims, the
43
actor shall be guilty of a crime of the third degree; or
44
(3) If the actor obtains a benefit or deprives another of a benefit
45
in the amount of $75,000 or more, or the offense involves the
46
identity of five or more victims, the actor shall be guilty of a crime
47
of the second degree.
48
A5342 [1R]
36
d. A violation of N.J.S.2C:28-7, constituting a disorderly
1
persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section
2
64 of P.L. , c. (C. ) (passed both Houses of the Legislature
3
on December 17, 2020 as Second Reprint of Assembly Bill No. 21),
4
R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case
5
where the person uses the personal identifying information of
6
another to illegally purchase an alcoholic beverage or for using the
7
personal identifying information of another to misrepresent the
8
person’s age for the purpose of obtaining tobacco, any
cannabis
9
item, or other consumer product denied to persons under 21 years of
10
age shall not [, except as otherwise set forth in this subsection,]
11
constitute an offense under this section if the actor received only
12
that benefit or service and did not perpetrate or attempt to perpetrate
13
any additional injury or fraud on another. [If a person used
the
14
personal identifying information of another to misrepresent the
15
person’s age for the purpose of illegally obtaining
any cannabis
16
item available for lawful consumption pursuant to the “New Jersey
17
Cannabis Regulatory, Enforcement Assistance,
and Marketplace
18
Modernization Act,” P.L. , c. (C. ) (passed both Houses of
19
the Legislature as Second Reprint of Assembly Bill No. 21), the
20
person shall be subject to a civil penalty of $50. The civil penalty
21
provided for in this subjection shall be collected pursuant to the
22
“Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10
23
et seq.), in a summary proceeding before the municipal court having
24
jurisdiction. A civil penalty recovered under the provisions of this
25
subsection shall be recovered by and in the name of the State by the
26
local municipality. The penalty shall be paid into the treasury of
27
the municipality in which the violation occurred for the general use
28
of the municipality.]
29
e. The sentencing court shall issue such orders as are necessary
30
to correct any public record or government document that contains
31
false information as a result of a theft of identity. The sentencing
32
court may provide restitution to the victim in accordance with the
33
provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).
1
34
(cf: P.L.2021, c. , s.66)
35
36
1
15. Section 5 of P.L.2003, c.184 (C.2C:21-17.2) is amended to
37
read as follows:
38
5. a. A person is guilty of a crime of the second degree if, in
39
obtaining or attempting to obtain a driver's license, birth certificate
40
or other document issued by a governmental agency which could be
41
used as a means of verifying a person's identity, age or any other
42
personal identifying information, that person knowingly exhibits,
43
displays or utters a document or other writing which falsely
44
purports to be a driver's license, birth certificate or other document
45
issued by a governmental agency or which belongs or pertains to a
46
person other than the person who possesses the document.
47
A5342 [1R]
37
b. Notwithstanding the provisions of N.J.S.2C:1-8 or any other
1
law, a conviction under this section shall not merge with a
2
conviction of any other criminal offense, nor shall such other
3
conviction merge with a conviction under this section, and the court
4
shall impose separate sentences upon each violation of this section
5
and any other criminal offense.
6
c. A violation of N.J.S.2C:28-7, constituting a disorderly
7
persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section
8
64 of P.L. , c. (C. ) (passed both Houses of the Legislature
9
on December 17, 2020 as Second Reprint of Assembly Bill No. 21),
10
R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case
11
where the person uses the personal identifying information of
12
another to illegally purchase an alcoholic beverage or for using the
13
personal identifying information of another to misrepresent his age
14
for the purpose of obtaining tobacco, any cannabis item, or other
15
consumer product denied to persons under 21 years of age shall not
16
[, except as otherwise set forth in this subsection,] constitute an
17
offense under this section if the actor received only that benefit or
18
service and did not perpetrate or attempt to perpetrate any
19
additional injury or fraud on another. [If the personal identifying
20
information of another is used to obtain any cannabis item available
21
for lawful consumption pursuant to the “New Jersey Cannabis
22
Regulatory, Enforcement Assistance, and Marketplace
23
Modernization Act,” P.L. , c. (C. ) (passed both Houses of
24
the Legislature as Second Reprint of Assembly Bill No. 21), the
25
person shall be subject to a civil penalty of $50. The civil penalty
26
provided for in this subjection shall be collected pursuant to the
27
“Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10
28
et seq.), in a summary proceeding before the municipal court having
29
jurisdiction. A civil penalty recovered under the provisions of this
30
subsection shall be recovered by and in the name of the State by the
31
local municipality. The penalty shall be paid into the treasury of
32
the municipality in which the violation occurred for the general use
33
of the municipality.]
1
34
(cf: P.L.2021, c. , s.67)
35
36
1
16. Section 76 of P.L. , c. (C. ) (passed both Houses of
37
the Legislature on December 17, 2020 as Second Reprint of
38
Assembly Bill No. 21) is amended to read as follows:
39
76. R.S.40:48-1 is amended to read as follows:
40
40:48-1. Ordinances; general purpose. The governing body of
41
every municipality may make, amend, repeal and enforce
42
ordinances to:
43
Finances and property. 1. Manage, regulate and control the
44
finances and property, real and personal, of the municipality;
45
Contracts and contractor's bonds. 2. Prescribe the form and
46
manner of execution and approval of all contracts to be executed by
47
the municipality and of all bonds to be given to it;
48
A5342 [1R]
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Officers and employees; duties, terms and salaries. 3. Prescribe
1
and define, except as otherwise provided by law, the duties and
2
terms of office or employment, of all officers and employees; and to
3
provide for the employment and compensation of such officials and
4
employees, in addition to those provided for by statute, as may be
5
deemed necessary for the efficient conduct of the affairs of the
6
municipality;
7
Fees. 4. Fix the fees of any officer or employee of the
8
municipality for any service rendered in connection with his office
9
or position, for which no specific fee or compensation is provided.
10
In the case of salaried officers or employees, such fee shall be paid
11
into the municipal treasury;
12
Salaries instead of fees; disposition of fees. 5. Provide that any
13
officer or employee receiving compensation for his services, in
14
whole or in part by fees, whether paid by the municipality or
15
otherwise, shall be paid a salary to be fixed in the ordinance, and
16
thereafter all fees received by such officer or employee shall be
17
paid into the municipal treasury;
18
Maintain order. 6. Prevent vice, drunkenness and immorality; to
19
preserve the public peace and order; to prevent and quell riots,
20
disturbances and disorderly assemblages; [to prohibit the
21
consumption of alcoholic beverages or cannabis items by underage
22
persons on private property pursuant to section 1 of P.L.2000, c.33
23
(C.40:48-1.2);]
24
Punish beggars; prevention of loitering. 7. Restrain and punish
25
drunkards, vagrants, mendicants and street beggars; to prevent
26
loitering, lounging or sleeping in the streets, parks or public places;
27
Auctions and noises. 8. Regulate the ringing of bells and the
28
crying of goods and other commodities for sale at auction or
29
otherwise, and to prevent disturbing noises;
30
Swimming; bathing costume; prohibition of public nudity. 9.
31
Regulate or prohibit swimming or bathing in the waters of, in, or
32
bounding the municipality, and to regulate or prohibit persons from
33
appearing upon the public streets, parks and places clad in bathing
34
costumes or robes, or costumes of a similar character; regulate or
35
prohibit persons from appearing in a state of nudity upon all lands
36
within its borders which are under the jurisdiction of the State
37
including, without limitation, all lands owned by, controlled by,
38
managed by or leased by the State;
39
Prohibit annoyance of persons or animals. 10. Regulate or
40
prohibit any practice tending to frighten animals, or to annoy or
41
injure persons in the public streets;
42
Animals; pounds; establishment and regulation. 11. Establish
43
and regulate one or more pounds, and to prohibit or regulate the
44
running at large of horses, cattle, dogs, swine, goats and other
45
animals, and to authorize their impounding and sale for the penalty
46
incurred, and the costs of impounding, keeping and sale; to regulate
47
or prohibit the keeping of cattle, goats or swine in any part of the
48
A5342 [1R]
39
municipality; to authorize the destruction of dogs running at large
1
therein;
2
Hucksters. 12. Prescribe and regulate the place of vending or
3
exposing for sale articles of merchandise from vehicles;
4
Building regulations; wooden structures. 13. Regulate and
5
control the construction, erection, alteration and repair of buildings
6
and structures of every kind within the municipality; and to
7
prohibit, within certain limits, the construction, erection or
8
alteration of buildings or structures of wood or other combustible
9
material;
10
Inflammable materials; inspect docks and buildings. 14.
11
Regulate the use, storage, sale and disposal of inflammable or
12
combustible materials, and to provide for the protection of life and
13
property from fire, explosions and other dangers; to provide for
14
inspections of buildings, docks, wharves, warehouses and other
15
places, and of goods and materials contained therein, to secure the
16
proper enforcement of such ordinance;
17
Dangerous structures; removal or destruction; procedure. 15.
18
Provide for the removal or destruction of any building, wall or
19
structure which is or may become dangerous to life or health, or
20
might tend to extend a conflagration; and to assess the cost thereof
21
as a municipal lien against the premises;
22
Chimneys and boilers. 16. Regulate the construction and setting
23
up of chimneys, furnaces, stoves, boilers, ovens and other
24
contrivances in which fire is used;
25
Explosives. 17. Regulate, in conformity with the statutes of this
26
State, the manufacture, storage, sale, keeping or conveying of
27
gunpowder, nitroglycerine, dynamite and other explosives;
28
Firearms and fireworks. 18. Regulate and prohibit the sale and
29
use of guns, pistols, firearms, and fireworks of all descriptions;
30
Soft coal. 19. Regulate the use of soft coal in locomotives,
31
factories, power houses and other places;
32
Theaters, schools, churches and public places. 20. Regulate the
33
use of theaters, cinema houses, public halls, schools, churches, and
34
other places where numbers of people assemble, and the exits
35
therefrom, so that escape therefrom may be easily and safely made
36
in case of fire or panic; and to regulate any machinery, scenery,
37
lights, wires and other apparatus, equipment or appliances used in
38
all places of public amusement;
39
Excavations. 21. Regulate excavations below the established
40
grade or curb line of any street, not greater than eight feet, which
41
the owner of any land may make, in the erection of any building
42
upon his own property; and to provide for the giving of notice, in
43
writing, of such intended excavation to any adjoining owner or
44
owners, and that they will be required to protect and care for their
45
several foundation walls that may be endangered by such
46
excavation; and to provide that in case of the neglect or refusal, for
47
10 days, of such adjoining owner or owners to take proper action to
48
A5342 [1R]
40
secure and protect the foundations of any adjacent building or other
1
structure, that the party or parties giving such notice, or their
2
agents, contractors or employees, may enter into and upon such
3
adjoining property and do all necessary work to make such
4
foundations secure, and may recover the cost of such work and
5
labor in so protecting such adjacent property; and to make such
6
further and other provisions in relation to the proper conduct and
7
performance of said work as the governing body or board of the
8
municipality may deem necessary and proper;
9
Sample medicines. 22. Regulate and prohibit the distribution,
10
depositing or leaving on the public streets or highways, public
11
places or private property, or at any private place or places within
12
any such municipality, any medicine, medicinal preparation or
13
preparations represented to cure ailments or diseases of the body or
14
mind, or any samples thereof, or any advertisements or circulars
15
relating thereto, but no ordinance shall prohibit a delivery of any
16
such article to any person above the age of 12 years willing to
17
receive the same;
18
Boating. 23. Regulate the use of motor and other boats upon
19
waters within or bounding the municipality;
20
Fire escapes. 24. Provide for the erection of fire escapes on
21
buildings in the municipality, and to provide rules and regulations
22
concerning the construction and maintenance of the same, and for
23
the prevention of any obstruction thereof or thereon;
24
Care of injured employees. 25. Provide for the payment of
25
compensation and for medical attendance to any officer or
26
employee of the municipality injured in the performance of his
27
duty;
28
Bulkheads and other structures. 26. Fix and determine the lines
29
of bulkheads or other works or structures to be erected, constructed
30
or maintained by the owners of lands facing upon any navigable
31
water in front of their lands, and in front of or along any highway or
32
public lands of said municipality, and to designate the materials to
33
be used, and the type, height and dimensions thereof;
34
Lifeguard. 27. Establish, maintain, regulate and control a
35
lifeguard upon any beach within or bordering on the municipality;
36
Appropriation for life-saving apparatus. 28. Appropriate
37
moneys to safeguard people from drowning within its borders, by
38
location of apparatus or conduct of educational work in harmony
39
with the plans of the United States volunteer life-saving corps in
40
this State;
41
Fences. 29. Regulate the size, height and dimensions of any
42
fences between the lands of adjoining owners, whether built or
43
erected as division or partition fences between such lands, and
44
whether the same exist or be erected entirely or only partly upon the
45
lands of any such adjoining owners, or along or immediately
46
adjacent to any division or partition line of such lands. To provide,
47
in such ordinance, the manner of securing, fastening or shoring such
48
A5342 [1R]
41
fences, and for surveying the land when required by statute, and to
1
prohibit in any such ordinance the use at a height of under 10 feet
2
from the ground, of any device, such as wire or cable, that would be
3
dangerous to pedestrians, equestrians, bicyclists, or drivers of off-
4
the-road vehicles, unless that device is clearly visible to pedestrians,
5
equestrians, bicyclists or drivers of off-the-road vehicles. In the
6
case of fences thereafter erected contrary to the provisions thereof,
7
the governing body may provide for a penalty for the violation of
8
such ordinance, and in the case of such fence or fences erected or
9
existing at the time of the passage of any such ordinance, may
10
provide therein for the removal, change or alteration thereof, so as
11
to make such fence or fences comply with the provisions of any
12
such ordinance;
13
Advertise municipality. 30. Appropriate funds for advertising
14
the advantages of the municipality;
15
Government Energy Aggregation Programs. 31. Establish
16
programs and procedures pursuant to which the municipality may
17
act as a government aggregator pursuant to sections 40 through 43
18
of P.L.1999, c.23 (C.48:3-89 through C.48:3-92), section 45 of
19
P.L.1999, c.23 (C.48:3-94), and sections 1, 2 and 6 of P.L.2003,
20
c.24 (C.48:3-93.1 through C.48:3-93.3). Notwithstanding the
21
provisions of any other law, rule or regulation to the contrary, a
22
municipality acting as a government aggregator pursuant to
23
P.L.1999, c.23 (C.48:3-49 et al.) shall not be deemed to be a public
24
utility pursuant to R.S.40:62-24 or R.S.48:1-1 et seq. or be deemed
25
to be operating any form of public utility service pursuant to
26
R.S.40:62-1 et seq., to the extent such municipality is solely
27
engaged in the provision of such aggregation service and not
28
otherwise owning or operating any plant or facility for the
29
production or distribution of gas, electricity, steam or other product
30
as provided in R.S.40:62-12;
31
Joint municipal action on consent for the provision of cable
32
television service. 32. Establish programs and procedures pursuant
33
to which a municipality may act together with one or more
34
municipalities in granting municipal consent for the provision of
35
cable television service pursuant to the provisions of the "Cable
36
Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) as amended
37
and supplemented. Notwithstanding the provisions of any other
38
law, rule or regulation to the contrary, two or more municipalities
39
acting jointly pursuant to the provisions of P.L.1972, c.186
40
(C.48:5A-1 et seq.) shall not be deemed a public utility pursuant to
41
R.S.48:1-1 et seq., to the extent those municipalities are solely
42
engaged in granting municipal consent jointly and are not otherwise
43
owning or operating any facility for the provision of cable
44
television service as provided in P.L.1972, c.186 (C.48:5A-
45
1 et seq.);
46
Private cable television service aggregation programs. 33.
47
Establish programs and procedures pursuant to which a
48
A5342 [1R]
42
municipality may employ the services of a private aggregator for
1
the purpose of facilitating the joint action of two or more
2
municipalities in granting municipal consent for the provision of
3
cable television service provided that any such municipality shall
4
adhere to the provisions of the "Cable Television Act," P.L.1972,
5
c.186 (C.48:5A-1 et seq.) as amended and supplemented, and to the
6
provisions of the "Local Public Contracts Law," P.L.1971, c.198
7
(C.40A:11-1 et seq.) as amended and supplemented.
8
Notwithstanding the provisions of any other law, rule or regulation
9
to the contrary, a municipality that employs the services of a private
10
aggregator pursuant to the provisions of P.L.1972, c.186 (C.48:5A-
11
1 et seq.) shall not be deemed a public utility pursuant to R.S.48:1-
12
1 et seq., to the extent that the municipality is solely engaged in
13
employing the services of a private aggregator for the purpose of
14
facilitating the joint action of two or more municipalities in
15
granting municipal consent and is not otherwise owning or
16
operating any facility for the provision of cable television service as
17
provided in P.L.1972, c.186 (C.48:5A-1 et seq.);
18
Protective Custody. 34. Provide protective custody to persons
19
arrested for operating a motor vehicle under the influence of
20
alcoholic beverages, cannabis items as defined in section 3 of
21
P.L. , c. (C. ) (pending before the Legislature as this bill),
22
any chemical substance, or any controlled dangerous substance in
23
violation of R.S.39:4-50 as provided in section 1 of P.L.2003, c.164
24
(C.40:48-1.3);
25
Private Outdoor Video Surveillance Camera Registry. 35.
26
Establish a private outdoor video surveillance camera registry and
27
allow voluntary registration of private outdoor video surveillance
28
cameras as provided in P.L.2015, c.142 (C.40:48-1.6 et al.).
1
29
(cf: P.L.2021, c. , s.76)
30
31
1
17. (New section) a. (1) The Police Training Commission in
32
the Department of Law and Public Safety shall adopt a training
33
course regarding law enforcement interactions with persons under
34
the lawful age to purchase alcoholic beverages or cannabis items
35
based upon the legalization of a personal use cannabis marketplace
36
pursuant to the “New Jersey Cannabis Regulatory, Enforcement
37
Assistance, and Marketplace Modernization Act,” P.L. ,
38
c. (C. ) (passed both Houses of the Legislature on December
39
17, 2020 as Second Reprint of Assembly Bill No. 21), the
40
decriminalization of marijuana and hashish pursuant to P.L. , c.
41
(C. ) (passed both Houses of the Legislature on December 17,
42
2020 as Third Reprint of Assembly Committee Substitute for
43
Assembly Bill Nos. 1897 and 4269), and the enforcement of
44
violations of applicable statutes associated with the underage
45
possession or consumption of alcoholic beverages, marijuana,
46
hashish, or cannabis items pursuant to those enactments and the
47
companion enactment, P.L. , c. (C. ) (pending before the
48
A5342 [1R]
43
Legislature as this bill), and which includes the recognition of and
1
methods to address and avoid racial disparities and implicit bias,
2
and means for interacting with vulnerable juvenile populations.
3
The training course shall be administered by the employing agency
4
as part of the in-service training provided to each local police
5
officer in each law enforcement unit operating in this State.
6
(2) Prior to being appointed to permanent status as a local police
7
officer in a law enforcement unit, an individual shall be required to
8
complete the training course adopted under paragraph (1) of this
9
subsection. Every local police officer appointed prior to the
10
effective date of this section shall, within 18 months of that
11
effective date, satisfactorily complete a training course on law
12
enforcement interactions as described in paragraph (1) of this
13
subsection.
14
(3) The Police Training Commission shall adopt rules and
15
regulations, pursuant to the "Administrative Procedure Act,"
16
P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of
17
this subsection.
18
b. Within 45 days of the effective date of P.L. , c. (C. )
19
(pending before the Legislature as this bill), the Attorney General
20
shall prepare a notice explaining the provisions of the enactments
21
set forth in paragraph (1) of subsection a. of this section pertaining
22
to persons under the lawful age to purchase alcoholic beverages or
23
cannabis items and the violations of applicable statutes associated
24
with the underage possession or consumption of alcoholic
25
beverages, marijuana, hashish, or cannabis items, and transmit the
26
notice to the chief or director of every municipal police department,
27
every municipal prosecutor, every county prosecutor, and the
28
Superintendent of the New Jersey State Police. The notice shall be
29
disseminated to every law enforcement officer and shall be re-
30
enforced at roll calls and academy service training and continuing
31
education programs so as to ensure that all officers and prosecutors
32
are educated of their responsibilities under the relevant
33
enactments.
1
34
35
1
18. The following are repealed:
36
Section 1 of P.L.2000, c.33 (C.40:48-1.2);
37
Section 2 of P.L.2009, c.133 (C.40:48-1.2a); and
38
Section 77 of P.L.2021, c. (C.40:48-1.2b).
1
39
40
1
[5.] 19.
1
This act shall take effect immediately
1
[, but shall
41
not become operable until P.L. , c. (C. ) (passed both
42
Houses on December 17, 2020 as Second Reprint of Assembly Bill
43
No. 21) takes effect]
1
.
44
45
46
47
A5342 [1R]
44
Concerns certain regulated substances, with particular emphasis
1
on underage possession or consumption of various forms of
2
cannabis, including legal consequences for such activities set forth
3
in legislation passed by both Houses of Legislature.
4
