Possession of fewer than 15 grams of marijuana would carry no criminal penalty in New Jersey under a new bill.TRENTON — New Jersey took a step toward decriminalizing marijuana possession today when an Assembly panel unanimously approved a bill that would allow offenders to pay fines instead of going to jail.
Under the terms of the measure, anyone arrested with fewer than 15 grams of marijuana — just under a half-ounce or slightly more than 30 joints — would be subject to a $150 fine for a first offense, a $200 fine a second time and a $500 penalty for a third and subsequent offenses.
Assemblyman Michael Patrick Carroll (R-Morris), a member of the Judiciary Committee and a prime sponsor of the legislation, said the imposition of fines rather than jail time reflects public opinion that criminal penalties for possession of marijuana are too harsh.
"Some acts harm society and they warrant the intervention of police, prosecutors and perhaps even incarceration," Carroll said. "Other acts warrant at best, a spanking, and these seems to be one of these situations."
The committee's five Democrats and two Republicans approved the measure (A1465) and sent it to the full Assembly.
If the measure were to become law — hardly a given since it must meet the approval of both legislative chambers and Gov. Chris Christie — New Jersey would be the 15th state to reduce the charge of marijuana possession from a criminal to a civil offense. A spokesman for the governor, Kevin Roberts, said Christie would not comment on pending legislation.
Assemblyman Peter Barnes III (D-Middlesex), chairman of the Judiciary Committee, said he was optimistic about the bill’s chances because of it has bipartisan support and aligns with Christie’s proposal for mandatory drug treatment rather than jail for nonviolent drug offenders.
"This is a bill that once the governor and his staff take a look at it, is right in line with a lot of things he is trying to do," Barnes said.
He also noted a Rutgers-Eagleton poll last year found nearly 60 percent of the registered voters supported relaxing the laws for marijuana possession.
"The bill truly has broad-based support," Barnes said.
But Bruce Hummer of the New Jersey Prevention Network, an association of treatment professionals, said decriminalizing marijuana would "send a mixed message to our youth," who would be more likely to use the drug if they perceived it as less harmful and "accepted by the community."
Supporters, who far outweighed opponents at today’s hearing in Trenton, argued that suspects arrested for marijuana possession face long-lasting consequences that impair their ability to find work and a place to live.
The penalties ruin the lives of so many otherwise law-abiding citizens "who relax with a joint instead of a beer," said Rachel Cotrino, an attorney for the New Jersey chapter of the National Organization for the Reform of Marijuana Laws. "Let’s put together a framework of penalties that are reasonable, so that the punishment fits the crime."
Akil Roper, a vice president of Legal Services of New Jersey, said without enacting the law, racial injustice would persist when it came to drug arrests.
"In Essex County, 70 percent of the individuals arrested for marijuana possession are African American," Roper said, "but African-Americans only represent 40 percent of the county’s population."
Harry Camisa of Yardville, a retired state corrections officer, also urged the committee to support the bill and spare teenagers the "devastating effects" of prison.
"I always felt bad for the very young ones," Camis said, "because by the time they asked for protective custody they had already been beaten with a lock in a sock, stabbed or sodomized.
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