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NJSBA Capitol Report Examines New Cannabis Law and Court Updates on COVID

By NJSBA Staff posted 02-25-2021 01:50 PM

  

Cannabis legislation passes, AG’s Office issues directive on marijuana charges

Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAM Act) and marijuana decriminalization laws last week, prompting a directive by Attorney General Gurbir Grewal regarding the disposition of marijuana charges. Directive No. 2021-1 provides guidelines for the dismissal of eight specific marijuana- or hashish-related charges for juveniles and adults.

Effective immediately, prosecutors are ordered to seek dismissal of any pending charges enumerated in the directive. In cases where there are multiple charges, only those addressed in the directive are to be dismissed. For cases already resolved, the Administrative Office of the Courts will vacate by operation of law any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter where the conduct occurred prior to Feb. 22 of this year, the date the governor signed the CREAM Act and decriminalization legislation. Also vacated will be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person who is or will be serving a sentence of incarceration, probation, parole or other form of community supervision.

Grewal’s directive also makes clear that this directive does not create any substantive right that may be enforced by a third party, and directs additional questions to the Division of Criminal Justice. A full copy of the directive may be found on njsba.com.

Judiciary issues COVID-19 safety protocols, updates to conducting remote matters

In a series of omnibus orders, the Administrative Office of the Court (AOC) has issued updates on health and safety as the courts continue with minimal court appearances. In addition to reiterating and clarifying health and safety protocols, the AOC issued a clarifying order regarding court matters that may proceed remotely and outlining the availability of courthouse technology rooms to facilitate remote participation in court events. A majority of court events are still being conducted remotely. The New Jersey State Bar Association (NJSBA) has previously supported a uniform safety protocol for court facilities, and its Pandemic Task Force continues to monitor these issues to ensure fairness in the process for both litigants and attorneys.

On Feb. 22, the AOC issued Administrative Directive #06-21, which refined a provision of the April 20, 2020, order regarding remote proceedings. The AOC previously directed that certain matters, especially those with “serious or permanent consequences or penalties,” still could be conducted remotely with the consent of all parties. This recent refinement clarifies, however, that the consent of the party will not be required if the party is absent or unreachable.

In a Feb. 23 order regrading municipal court facilities, the AOC summarized the current health precautions necessary when attending scheduled in-person proceedings. The summary includes a reiteration of the COVID-19 protocols, including screening and questions necessary to enter a building, mask wearing, social distancing, and occupancy limitations.

Finally, a second Feb. 23 order reminds anyone entering courthouses for scheduled in-person events, of the COVID-19 safety protocols, and provides information on “technology rooms” to permit court users to participate in virtual court events. Requests to use a technology room are directed to the vicinage trial court administrator, ombudsman or division manager.

For a full copy of these notices and orders, go to njcourts.gov

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

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