Our state Legislature and Governor Murphy are planning to approve a “clean-up” bill for S3454. The original legislation inexplicably banned police officers from notifying parents whose children commit a first-time offense of marijuana or alcohol use or possession. The clean-up bill will correct this issue; however, the New Jersey State Association of Chiefs of Police (NJSACOP) strongly supports additional reform to correct the flaws in the original legislation to decriminalize recreational marijuana. Without further reform, the legislation will limit the ability of officers to enforce underage marijuana and alcohol laws and will present health and safety risks to our state’s minors.

Under the original legislation, officers are subject to criminal prosecution if they ask a minor or young adult to consent to a search or conduct a search, despite the existence of obviously suspicious activity, such as the odor of alcohol or marijuana, or when it is being hidden as the officer approaches. Even conducted in good faith and using common sense, an honest mistake in ascertaining someone’s age, intentions or impairment level subjects officers to potential criminal prosecution. The potential for criminal liability in any interaction will prevent officers from intervening in situations where underage criminal activity occurs, allowing underage marijuana and alcohol use to run rampant in our schools, in our parks and on our beaches. The inability of police intervention also will prevent parents from knowing about their child’s marijuana and alcohol use, contradicting the goals of the proposed clean-up bill.

The legislation also includes vague language essentially preventing officers from having any interaction with minors for what the current law deems “longer than necessary.” The only conclusion that can result from a law that provides such unclear direction and potential criminal liability is that police officers will be hesitant in the extreme to intervene in situations where minors are breaking the law, permitting underage marijuana and alcohol use and possession to go potentially unchecked. Public health and safety dangers, including increased cases of intoxicated drivers and the exacerbation of the marijuana black market, may follow if officers are unable to police their communities.

In November, voters agreed to legalize recreational marijuana use for adults; they did not vote to decriminalize marijuana and alcohol for children. The NJSACOP has been in the forefront in the discussion to decriminalize the possession and use of small amounts of marijuana in an effort to eliminate racial disparities that disproportionately impact communities of color. However, the current legislation creates an unacceptable risk that endangers the same vulnerable children that the legislation purports to protect, and it also prevents police officers from performing their jobs and enforcing the law. We call on our fellow neighbors and parents to continue challenging the Governor and State Legislators to make the necessary changes to this flawed and dangerous legislation.