By Sophie Nieto-Munoz, New Jersey Monitor
A New Jersey lawmaker, who visited Colorado to see how the first legal state to sell recreational cannabis deals motorists driving while under the influence of alcohol, wants to create an enforcement division for marijuana under the state Attorney General’s Office.
Assemblywoman Shanique (D) Speight said that she wanted the new division compile data so law enforcement officers could have some clarity about the state’s marijuana law. She said they were confused as to when to charge drivers for marijuana offenses.
Speight stated, “I’m not sure if they know how to charge without going overboard.”
The bill would require the new marijuana enforcement unit to create a database that included information on arrests for driving under influence when cannabis was involved, arrests and dismissals of cannabis charges, convictions and adjudications; and marijuana confiscated by officers.
The governor and the Legislature would receive these data annually, along with any suggestions for improvement. The bill also requires the division to launch a public education campaign on cannabis use while driving.
Speight stated that she came up with the idea of the bill while visiting Colorado during the summer 2022. She said that officials from the criminal justice division of Colorado keep track of marijuana crimes in a central database. New Jersey does not have a similar database.
She said, “When I saw the work they were doing there, I began to think about what that could do for our state.” “I like that they have an entire division in charge of keeping track and handling these cases.”
Vin Gopal, a Democrat senator from the Senate, introduced the bill earlier this month. The bill has been referred to the law and public safety panels of both chambers.
Speight is troubled by the stories about cannabis cases in New Jersey that have confused law enforcement officers. She said that officers have a “hands-off approach” in some cases due to the way New Jersey’s legalization of cannabis is written.
She said, “It is a very complex situation for officers to handle.”
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In New Jersey, marijuana is legal for those over 21. They can have up to 6 ounces. You can be summoned by police if you are over 21 but not arrested for having more than 6 ounces. Police can’t search cars or use the smell of marijuana to determine if someone has too much marijuana.
Officers may be charged with official deprivation if they violate, without necessarily intending to do so, the requirements of the cannabis law for investigating marijuana usage by anyone younger than 21. Cops could face up to 5 years in prison, and a fine of $15,000 if they violate the cannabis law’s requirements for investigating marijuana use by anyone under 21.
Speight says that this creates a gray zone for officers who suspect drivers they stop are high or under the influence of marijuana. While it is illegal to drive while under the influence, there are currently no accurate tests to determine if someone has been high.
She wants to work with advocates of cannabis and law enforcement to amend the bill.
It’s a bit complicated for me, but I think that it shouldn’t be ignored. She added, “It should be addressed.”
The original publication of this story was by New Jersey Monitor.
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The article New Jersey lawmakers file bill to expand marijuana data collection for police first appeared on Marijuana Moment.
