Jersey City is implementing a marijuana decriminalization policy that its mayor and new chief municipal prosecutor believe will increase racial justice while protecting public safety.

The policy, which is expected to begin officially tomorrow, will downgrade some marijuana charges to non-criminal offenses; encourage prosecutors to seek dismissal of low-level marijuana charges; and recommend diverting defendants with a criminal past and signs of addiction to the city's community court.

The city's action comes as New Jersey is moving slowly toward approving recreational marijuana. Philadelphia decriminalized marijuana in 2014 and New York City Mayor Bill De Blasio announced in May that he ordered police officers there to stop arresting people caught smoking pot.

Jersey City's move indicates that Jake Hudnut, who became chief municipal prosecutor on July 2, is taking an aggressive stance in his new role. Hudnut, 35, is a former criminal defense attorney who ran unsuccessfully for the Ward E council seat in November. During his council campaign, he often referred to the toll the criminal justice system takes on the city's communities of color, an argument he made again on Wednesday during an interview at City Hall.

"What gives me pause is that despite similar cross-racial usage of marijuana, New Jerseyans of color are three times more likely to be arrested and prosecuted for marijuana than white New Jerseyans," Hudnut said. "I think prosecutors have an obligation to acknowledge this and fix this problem."

The change, outlined in a July 19 memo Hudnut sent to his assistant prosecutors, instructs them to amend five marijuana-related offenses — possession; possession while in a motor vehicle; being under the influence; use or possession with intent to use drug paraphernalia; and loitering to obtain or distribute a controlled dangerous substance — to non-criminal dispositions. The change will not apply to someone charged with driving while intoxicated.

Hudnut is recommending a fine of no more than $50 or five hours of community service if marijuana charges are not dismissed. Marijuana possession as normally charged as a disorderly person offense carries up to six months in jail.

The change doesn't mean you can spark up anywhere in Jersey City and avoid arrest. Mayor Steve Fulop said on Wednesday police will "use their discretion" if they spot someone, say, smoking pot on their front stoop, but in the end Hudnut and the assistant prosecutors will decide whether to recommend dismissal of the charges.

"It's probably the first time the city has had a prosecutor that has been really proactive thinking about policies and how they really impact the entire city," Fulop said.

Dan Feldman, a professor at the John Jay College of Criminal Justice and a former New York state lawmaker, told The Jersey Journal he doesn't doubt that decriminalization proponents nationwide are interested in reforming the justice system. Feldman added that you shouldn't discount their desire to cut costs.

He told a story of a conservative legislator he knew who had a "lock 'em up" view of drug defendants but changed his tune once he became a county executive and had a budget to adopt.

"A lot of it is driven by the fact that it's too expensive to prosecute and incarcerate these people," Feldman said. "You start trying to put everyone in prison for marijuana, it's going to cost you a lot of money."

Terrence T. McDonald may be reached at tmcdonald@jjournal.com. Follow him on Twitter @terrencemcd. Find The Jersey Journal on Facebook.