New Jersey was the first community to decriminalize marijuana (update: the state overruled the city and said it could not do so).

Jersey City is establishing a decriminalization policy, as outlined in a memo dated Thursday, July 19, that will downgrade and even dismiss charges against many – but not all – pot offenders. The memo, titled New Marijuana Decriminalization Policy, was written by Chief Prosecutor Jacob V, Hudnut and notes that New Jersey is spending $1 billion each decade to handle more than 25,000 arrests each year for marijuana possession.

"Much of these costs fall on municipalities, like Jersey City, for which resources are scarce to begin with," he said. "Marijuana possession is non-violent in nature, and focusing law enforcement resources on violent offenses does far more to promote safe communities." Under the new policy, possession of marijuana or hashish; being under the influence of a controlled dangerous substance; use or possession with intent to use drug paraphernalia, etc.; and loitering to obtain or distribute a controlled dangerous substance shall be non-criminal dispositions.



The recommended sentence for a conviction of these offenses would likely be a fine no greater than $50 or five hours of community service. Hudnut said the collateral consequences of marijuana possession prosecution are "considerable."

"They include driver's license suspensions, criminal records, loss of student financial aid, bans from public housing, adverse effects on employment opportunities, and loss of immigration status," he said. "What's even more alarming is that New Jerseyans of color are three times more likely to be arrested for marijuana and suffer these consequences than white New Jerseyans, despite similar cross-racial usage rates."

"This disparity should give us pause."