New Jersey State PBA Statement

Marijuana “Clean Up” Bill

Senate Bill 3454

Today the police have been handcuffed!

In November, the residents of New Jersey ended the talk about Marijuana legalization by passing the referendum.  We don’t oppose the legalization of marijuana as a company.  Police will do their jobs because the regulation directs us.  But a regulation that establishes an enforcement energy can’t additionally make it unlawful for regulation enforcement to make use of that energy.

The regulation because it stands criminalizes any response or investigation by a police officer for unlawful use by juveniles by detaining somebody ‘for a longer period beyond the extent required’ to subject a ‘warning or write-up’.  This statute provides a lot guess work and uncertainty that we might advise our members all through the state to take no regulation enforcement motion concerning marijuana or alcohol use by any get together within the state.

This language is anti-police rhetoric at its worst and its penalties might be actual.  Underage customers of marijuana might be free to smoke it anyplace, together with in locations the invoice says is unlawful, as a result of merely stopping an individual to implement the regulation is now unlawful for police.  Drug sellers will shortly be taught to cover their medicine, weapons and proof of crimes on anybody beneath 18 years of age since merely lighting a joint because the officer approaches will put the officer in jeopardy of creating an unlawful search and being charged criminally.

The invoice completely ties an officer’s fingers.  An officer who sees or smells marijuana or alcohol can’t even inquire concerning the age of the consumer to make sure they will legally possess it, or the officer faces the cost of deprivation of civil rights, a third diploma offense topic to 3-5 years in jail, a high-quality of $15,000 or BOTH!

The answer exists to resolve this, both make it fully authorized or present an officer the suitable to ask for ID if marijuana is current and the remainder of the regulation governing the issuance of warnings takes over.  Otherwise, it is a invoice deliberately designed to make regulation enforcement officers criminals in a single day in New Jersey.

To the nice residents of the State of New Jersey: If you as a citizen wish to report the underage use of marijuana or alcohol, please don’t name 9-1-1. Call the Governor’s workplace or your native state legislator. We have actually been handcuffed.

Marijuana Legalization Bill Poses Serious Threats to Your Job

The State Legislature this morning handed laws to formally legalize using marijuana in accordance with the Constitutional Amendment that handed in November.  Unfortunately, the laws was amended with language that accommodates extreme penalties on regulation enforcement officers who try to make use of the odor or possession of marijuana AND alcoholic drinks as a purpose to cease and search minors to implement the regulation.  We are urging each member of regulation enforcement to keep away from approaching individuals with marijuana till a correct authorized evaluation and path may be developed as soon as this regulation is signed by the Governor.

The laws is treacherous to you as a result of it creates a penalty of third Degree Deprivation of Civil Rights if an officer makes use of the odor or possession of marijuana or alcoholic drinks as the rationale for initiating an investigatory cease of an individual.  The new regulation states a regulation enforcement officer cannot use the odor of marijuana or alcohol as cheap articulable suspicion to provoke an investigatory cease.  The new regulation states a minor CAN NOT consent to be searched and {that a} regulation enforcement officer now not has possible trigger to go looking a minor for illegally utilizing marijuana or alcohol.  And if an officer violates a minor’s rights by utilizing pot or alcohol as the rationale for a search then the officer might be charged with deprivation of civil rights.

This invoice dangerously ties your fingers.  It establishes penalties of solely warnings for unlawful use by minors of marijuana or alcohol BUT it primarily prevents an officer from even approaching an individual suspected of being a minor.  Absent the fee of one other crime or clear authorized steerage officers are being compelled to ask themselves if writing a warning is value risking being accused and charged with a third diploma crime?  The mere odor of marijuana and its use in your presence will now not be grounds to go looking a person.

While marijuana is now authorized for these 21 and older this language is an assault on our capability to do our job and to implement the regulation.  This language is an assault on regulation enforcement officers by making us the goal of punishment quite than the people breaking the regulation.  This language could have harmful penalties for the general public and the police.

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