New Jersey AG Suspends Marijuana Cases

New Jersey Attorney General, Gurbir Grewal, has called for municipal prosecutors to suspend all marijuana cases until September 4th.

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In the final weeks of July, New Jersey Attorney General, Gurbir Grewal, called for municipal prosecutors to suspend all marijuana cases until September 4th. The delay of the cases will allow Grewal’s office to develop new guidelines for municipal prosecutors handling marijuana cases.

Grewal released the revised guidelines today, clarifying the parameters on prosecutors’ discretion in handling marijuana cases. He stressed the importance of considering the lives of the individuals being tried and how the rulings could impact their future education, employment, family, and immigration opportunities. He also emphasized the importance of considering the age and prior criminal record of the defendant.

New AG guidance on marijuana to NJ’s municipal prosecutors: Until state law is changed, no blanket “decriminalization” policies. But may exercise prosecutorial discretion on a case-by-case basis. If supported by facts & law, can include dismissal or downgrade of criminal charges.— AG Gurbir Grewal (@NewJerseyOAG) August 29, 2018



The directive addresses the role of ethics in the practice of law. Grewal stated in a press release that, “municipal prosecutors should exercise their prosecutorial discretion in marijuana-related cases as they would in anything other case — based on the particular facts and applicable law, and consistent with their ethical obligations.”

However, Grewal emphasized that discretion should not be employed as a tool to avoid persecution. He reminded prosecutors that the right to decriminalize marijuana lies with the legislature, which is expected to introduce a legalization bill in the coming month.