Bill Text: NJ A5435 | 2020-2021 | Regular Session | Introduced


Bill Title: Legalizes possession of six or fewer marijuana plants, subject to enactment of legislation legalizing marijuana or cannabis for personal use.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-08 - Introduced, Referred to Assembly Judiciary Committee [A5435 Detail]

Download: New_Jersey-2020-A5435-Introduced.html

ASSEMBLY, No. 5435

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 8, 2021

 


 

Sponsored by:

Assemblyman  ROBERT AUTH

District 39 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Legalizes possession of six or fewer marijuana plants, subject to enactment of legislation legalizing marijuana or cannabis for personal use.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning marijuana and amending N.J.S.2C:35-10.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. N.J.S.2C:35-10 is amended to read as follows:

     2C:35-10.   Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

     a.     It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).  Any person who violates this section with respect to:

     (1)   A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to [$35,000.00] $35,000 may be imposed;

     (2)   Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to [$15,000.00] $15,000 may be imposed;

     (3)   [Possession] (a) Prior to the effective date of P.L.    , c.   (C.        ) (pending before the Legislature as Assembly, No. 21(2R) of 2020-2021), possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to [$25,000.00] $25,000 may be imposed; [or]

      (b) On and after to the effective date of P.L.    , c.   (C.        ) (pending before the Legislature as Assembly, No. 21(2R) of 2020-2021), possession of more than six ounces of marijuana, including any adulterants or dilutants, or more than 17 grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be imposed;  

      (i)  The odor of marijuana or hashish, or burnt marijuana or hashish, shall not constitute reasonable articulable suspicion to initiate a search of a person to determine a violation of subparagraph (b) of paragraph (3) of this subsection.   A person who violates this paragraph shall not be subject to arrest, detention,

or otherwise be taken into custody, unless the person is being arrested, detained, or otherwise taken into custody for also committing another violation of law for which that action is legally permitted or required;

     (ii)  A person shall not be deprived of any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law solely by reason of committing a violation of subparagraph (b) of paragraph (3) of this subsection, nor shall committing one or more violations modify any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law, including, but not limited to, the granting, renewal, forfeiture, or denial of a license, permit, or certification, qualification for and the receipt, alteration, continuation, or denial of any form of financial assistance, housing assistance, or other social services, rights of or custody by a biological parent, or adoptive or foster parent, or other legal guardian of a child or newborn infant, or pregnant woman, in any action or proceeding by the Division of Child Protection and Permanency in the Department of Children and Families, or qualification, approval, or disapproval to serve as a foster parent or other legal guardian;

     (iii)    All local and county law enforcement authorities shall, following the submission process used for the uniform crime reporting system established by P.L.1966, c.37 (C.52:17B-5.1 et seq.), submit a quarterly report to the Uniform Crime Reporting Unit, within the Division of State Police in the Department of Law and Public Safety, or to another designated recipient determined by the Attorney General, containing the number of violations of subparagraph (b) of paragraph (3) of this subsection committed within their respective jurisdictions, plus the race, ethnicity, gender, and age of each person committing a violation, and the disposition of each person's violation.  These violations and associated information, along with a quarterly summary of violations investigated, and associated information collected, by the Division of State Police for the same period shall be summarized by county and municipality in an annual report, and both quarterly summaries and annual reports shall be made available at no cost to the public on the Division of State Police's Internet website; or

     (4)   [Possession] (a) Prior to the effective date of P.L.    , c.   (C.        ) (pending before the Legislature as Assembly, No. 21(2R) of 2020-2021), possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person;

     (b) On and after the effective date of P.L.    , c.   (C.        ) (pending before the Legislature as Assembly, No. 21(2R) of 2020-2021), possession of six ounces or less of marijuana, including any adulterants or dilutants, six or fewer marijuana plants, or 17 grams or less of hashish is not subject to any punishment, as this possession is not a crime, offense, act of delinquency, or civil violation of law;

      Any person who commits any offense [defined in] set forth in paragraphs (1) through (3) of this [section] subsection while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

     b.    (1)  Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, not including marijuana or hashish, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

     In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific, prohibited drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some prohibited controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any prohibited controlled dangerous substance or controlled substance analog.

     (2)   Notwithstanding that using or being under the influence of marijuana or hashish is not a punishable crime, offense, act of delinquency, or civil violation pursuant to this subsection, the smoking, vaping, or aerosolizing of marijuana or hashish may be prohibited or otherwise regulated on or in any property by the person or entity that owns or controls that property, including multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the structure or specific units of the structure of a cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3), the units of a condominium, as those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102), which site is leased to the owner of a manufactured home, as defined in that section, that is installed thereon.

     c.     Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of paragraph (1) or (2) of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.

(cf: P.L.1997, c.181, s.6)

 

     2.  N.J.S 2C:36-1 is amended to read as follows:

     2C:36-1.     Drug paraphernalia, defined; determination.

   a.   As used in this act, "drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, controlled substance analog or toxic chemical, other than marijuana or hashish, in violation of the provisions of chapter 35 of this title.  It shall include, but not be limited to: 

     [a.]  (1)  kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant, other than the plant Cannabis sativa L., which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;

     [b.] (2) kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances or controlled substance analogs;

     [c.] (3) isomerization devices used or intended for use in increasing the potency of any species of plant, other than the plant Cannabis sativa L., which is a controlled dangerous substance;

     [d.]  (4) testing equipment used or intended for use identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances or controlled substance analogs;

     [e.]  (5) scales and balances used or intended for use in weighing or measuring controlled dangerous substances or controlled substance analogs;

     [f.]  (6) dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances or controlled substance analogs;

     [g. separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; 

     [h.] (7) blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances or controlled substance analogs;

     [i.] (8) capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances or controlled substance analogs;

     [j.] (9)  containers and other objects used or intended for use in storing or concealing controlled dangerous substances, controlled substance analogs or toxic chemicals;

     [k.] (10)  objects used or intended for use in ingesting, inhaling, or otherwise introducing [marihuana,] cocaine, [hashish, hashish oil,] nitrous oxide or the fumes of a toxic chemical into the human body, such as [(1)] (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, [hashish heads,] or punctured metal bowls; [(2)] (b) water pipes; [(3)] (c) carburetion tubes and devices; [(4)] (d) smoking and carburetion masks; [(5)] (e) roach clips, meaning objects used to hold burning material [, such as a marihuana cigarette,] that has become too small or too short to be held in the hand; [(6)] (f) miniature cocaine spoons, and cocaine vials; [(7)] (g) chamber pipes; [(8)] (h) carburetor pipes; [(9)] (i) electric pipes; [(10)] (j) air-driven pipes; [(11)] (k) chillums; [(12)] (l) bongs; [(13)] (m) ice pipes or chillers; [(14)] (n) compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient; [(15)] (o) chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and [(16)] (p) tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or hold in suspension a toxic chemical or the fumes of a toxic chemical.

     b.    In determining whether or not an object is drug paraphernalia, the trier of fact, in addition to or as part of the proofs, may consider the following factors: 

     [a.] (1)  (a)  statements by an owner or by anyone in control of the object concerning its use;

     [b.] (b)  the proximity of the object [of] to illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals;

     [c.] (c) the existence of any residue of illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals on the object;

     [d.] (d) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use as drug paraphernalia;

     [e.] (e) instructions, oral or written, provided with the object concerning its use;

     [f.] (f) descriptive materials accompanying the object which explain or depict its use;

     [g.] (g)  national or local advertising whose purpose the person knows or should know is to promote the sale of objects intended for use as drug paraphernalia;

     [h.] (h)  the manner in which the object is displayed for sale;

     [i.] (i)  the existence and scope of legitimate uses for the object in the community; and

     [j.] (j)  expert testimony concerning its use.

     (2)   If an object appears to be for use, intended for use, or designed for use with cannabis or cannabis items in accordance with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,"  P.L.    , c.   (C.        ) (pending before the Legislature as Assembly, No. 21(2R) of 2020-2021), the object is presumed to be a lawful cannabis paraphernalia as defined in section 3 of Assembly, No. 21(2R) of 2020-2021 (C.      ), and does not alone constitute reasonable articulable suspicion that the object is a drug paraphernalia, notwithstanding that the object could also be used with an illegal controlled substance or controlled substance analog, unless the owner or any other person in proximity to or in control of the object was in possession of an illegal controlled dangerous substance or controlled substance analog, or the object was in proximity of an illegally possessed controlled dangerous substance or controlled substance analog to indicate its use, intended use, or design for use with that controlled dangerous substance or controlled substance analog.

(cf: P.L.2007, c.31, s.2)

 

     3.  N.J.S.2C:36-2 is amended to read as follows:

     2C:36-2.     a.   Use or possession with intent to use, disorderly persons offense. It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title, other than when used, or possessed with intent to use, for ingesting, inhaling, or otherwise introducing marijuana or hashish into the human body. Any person who violates this section is guilty of a disorderly persons offense.

     b.    Notwithstanding that using or possessing with intent to use drug paraphernalia to ingest, inhale, or otherwise introduce marijuana or hashish into the human body is not a punishable crime, offense, act of delinquency, or civil violation pursuant to this section, the use of drug paraphernalia for that purpose may be prohibited or otherwise regulated on or in any property by the person or entity that owns or controls that property, including multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the structure or specific units of the structure of a cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3), the units of a condominium, as those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102), which site is leased to the owner of a manufactured home, as defined in that section, that is installed thereon.

(cf: P.L.2007, c.31, s.3)

 

     4.  This act shall take effect upon the enactment of Assembly, No. 21(2R) of 2020-2021.

 

 

STATEMENT

 

     This bill would legalize the possession of six or fewer marijuana plants, subject to the enactment of legislation that legalizes the personal use of marijuana or cannabis. Assembly, No. 21(2R), the "Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," would legalize personal use. 

     A-21(2R) was substituted for identical bill Senate, No. 21(2R) on December 17, 2020, and passed both Houses.  The bill is currently on the Governor's desk. However, A-21(2R) would not allow the "home grow" of marijuana for personal use.  This bill would allow "home grow" in an amount of up to six marijuana plants.

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