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Special Rules for Those Under the Age of 21

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Marijuana next to 2 glasses of beer
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The law also establishes a new framework for individuals under the age of 21 who possess or consume any amount of marijuana, hashish, cannabis, or alcohol in any public place, including a school:

  • First offense: Officers shall issue a written warning.
  • Second offense: Officers shall issue a written warning AND provide the person with informational materials on community drug treatment services.
    • For individuals under the age of 18, the officer shall provide the individual’s parent(s) or guardian with copies of the warning issues for both the first and second offenses.
  • Third or subsequent offense. Officers shall issue a written warning AND, again, provide the person with informational materials on community drug treatment services.
    • If the individual is between the ages of 18 and 21, then the officer shall provide notice of the written warning to the community drug treatment program.
    • If the individual is under the age of 18, then the officer shall again provide the juvenile’s parent(s) or guardian with a copy of the written warning.
  • Please note: Officers may not fingerprint individuals under the age of 21 for their first second, third or subsequent offenses.
    • However, if an individual under the age of 21 is in possession of more than 6 ounces of marijuana or 17 grams of hashish, that individual is also in violation of N.J.S.A. 2C:35-10(a)(3)(b), a 4th-degree crime, and may be issued a criminal complaint.
    • Most notable change: The odor of marijuana, hashish, or alcohol no longer constitutes reasonable articulable suspicion to initiate a stop of an individual under the age of 21, nor does it provide probable cause to search the person’s personal property or vehicle to determine a violation of N.J.S.A. 2C:33-15(a)(1).

Charged with a crime?

In order to find the best path for your criminal charges, the Law Office of Louis G. DeAngelis, LLC can help you obtain reliable legal information and representation.

We handle all types of drug crimes and driving under the influence of drug(s) cases, and we utilize knowledge and strategy to obtain the best possible results for you.

Each client receives personalized attention from a legal team with more than 15 years of experience, and we offer free initial consultations.

Contact our firm at (201) 254-8484 or request a free initial consultation online.