Monmouth Co. Officials Demand Change In Pot Law Regarding Minors

FREEHOLD, NJ – Parents, police departments and local elected officials have voiced their concerns regarding Assembly Bill A5342, a provision that prohibits law enforcement from notifying parents that their child under 18 was caught with marijuana or alcohol until a second offense is committed. Monmouth County Commissioners are now adding to the growing criticism.

Gov. Phil Murphy signed the bill into law on Monday, Feb. 22 as part of a package to legalize marijuana in the state. Read more: Marijuana Is Now Officially Legal In New Jersey

Since a person under the legal age to purchase cannabis items "is not capable of giving lawful consent to a search," a law enforcement officer could not request one. The odor of any cannabis item would not constitute reasonable suspicion to initiate an investigation, nor would the unconcealed possession of an alcoholic beverage or cannabis item.

The new law states that minors caught with a first-time offense would receive a written warning. Law enforcement are prohibited from notifying the child’s guardian the first time, but a second offense would require notification if the child were under 18. A third offense would result in referrals for substance abuse treatment in addition to community service or a $50 fine.

Any money from civil fines will help find substance use and community service programs.

Commissioner Director Thomas A. Arnone issued a public statement Tuesday calling on other New Jersey Boards of County Commissioners to urge legislators to repeal or revise the legislation.

“I truly believe that all of the legislators that voted on Assembly Bill 5342 did not know that there was a component in the legislation that would prohibit law enforcement from notifying parents if a minor is found in possession of or using marijuana and alcohol for the first offense,” Arnone said. “By passing this new law, the Legislature is sweeping aside the judgment of parents over the lives of their children; and is tying law enforcement’s hands with respect to keeping kids and communities safe.”

Since the historic package was passed last month, law enforcement divisions across the state have voiced their dissent.

“This new restriction for law enforcement goes against everything that we as a Police Department care most about--the safety and wellbeing of the children of this community,” Chief Scott A. Paterson, Rumson Police Department of the Borough of Rumson Police Department wrote in a statement.

“Reviewing the new policy, what presents itself as most problematic is the inability to freely communicate with parents,” Chief Joseph A. Michigan of the Point Pleasant Beach Police Department similarly wrote, calling formal charges a “last resort”.

“This police department has always sought the implementation of non-punitive measures for the majority of juvenile offenses including underage alcohol or marijuana possession or consumption,” Michigan said.
State Sen. Vin Gopal (D-Long Branch), Assemblyman Eric Houghtaling (D-Neptune) and Assemblywoman Joann Downey (D-Freehold) all proposed legislation last week that would reform the bill.

Sen. Anthony Bucco (R-Morris County) has since introduced a bill reforming the law with state Sen. Declan O'Scanlon (R-Monmouth).

"If a minor is caught with these substances, we want their parents to know about it right away," the three Democratic lawmakers said in a joint statement, per the New Jersey Globe.

Murphy himself said Monday that he supports changing the law to allow parental notification for minors.

"I spoke to the Senate President [Steve Sweeney] on Saturday and, without getting too much into the weeds, no pun intended, on the notification question, I personally think that's a step in the right direction," said Murphy at a news conference. "So we'll see where that goes. It's not even on my desk; in fact it's not even through the chamber yet … but as a conceptual matter, I support that direction.”

With reporting by Carly Baldwin.