Parental Notification Doesn't Fix Marijuana Law Flaws: Brick PD

BRICK, NJ — The law signed Friday by Gov. Phil Murphy requiring police to tell parents when their kids have marijuana is a firs step, but doesn't go far enough to fix problems created by the state's marijuana legalization, the Brick Township Police Department said.

The department posted a statement to Facebook Friday afternoon, urging additional changes to the law Murphy signed Feb. 22 legalizing adult recreational use of marijuana.

"The bill that just got signed into law about parental notification doesn't go far enough in fixing the language," the police department's post said. "The existing legislation still threatens serious sanctions on officers who approach minors observed using marijuana and alcohol when that observation is based on odor." Read more: NJ To Require Parental Notification For Marijuana

"In addition, the laws remain confusing and unclear on when an officer may search or demand that marijuana be turned over, even when the officer sees the drug in plain view," the post said. "Under this current legislation, an officer who engages a minor engaged in underage use or possession of marijuana or alcohol could find themselves being charged with the third-degree crime of deprivation of civil rights."

The threat of legal consequences for police officers has been a significant concern for law enforcement all over the state. The Ocean County Chiefs of Police Association held a news conference on the Point Pleasant Beach boardwalk on March 20 to express their concerns about the state's marijuana law with respect to minors and police officers.

The group also has created a petition on Change.org urging residents to tell state lawmakers that more needs to be done to amend the law. The petition was posted Friday morning.

"We understand the will of New Jersey voters in electing to legalize marijuana. We have no issue with the legal usage of cannabis for those of age, but minors are still prohibited under the law to use or possess alcohol and marijuana. Though this legislation has been amended to allow for parental notification, it only serves to provide a false sense of security to parents," the petition said.

"Police use the power of observation to perform their duties as community caretakers, emergency aid providers, keepers of the peace, and law enforcement officers. This involves utilizing all of one's senses, including the sense of smell. One of the most conspicuous manifestations of marijuana and alcohol use is the odor associated with their ingestion," the petition says.

"Under the current legislation minors can be observed smoking marijuana by a police officer, but if that police officer stops or detains that minor based on the odor, that officer will face serious sanctions, including being charged with the Crime of Official Deprivation of Civil Rights. If officers are so discouraged from engaging minors using drugs and alcohol in the first place, what good is the parental notification amendment?"

Read the full petition here.

"Sign this petition. Share this petition. Let Trenton know that the police aren't the enemy, especially when it comes to children using drugs and alcohol," Brick police said.

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