Wyckoff Police Issue Rebuke Of Juvenile Marijuana Guidelines

WYCKOFF, NJ — Law enforcement officials aren't pleased with certain aspects of New Jersey's new cannabis laws. That's particularly true for Wyckoff Police as it pertains to how they deal with minors now that weed is legal.

Police Chief David Murphy penned a letter to township parents this week detailing the new mandates as he sees them. Most notably, Murphy balked at the idea that his officers can't make a call to parents if a minor is caught with weed for the first time.

"We were aware of this pending legislation and understand that a majority of New Jersey residents voted to have marijuana legalized in the state. We did not anticipate, however, that this legislation would strongly restrict the ability of police departments in New Jersey to communicate with parents about use of marijuana and alcohol by their children," he said.

"As police officers and parents, we are disappointed that these new laws enacted by New Jersey legislators have taken away our ability to communicate with you as parents," Murphy added.

Under the new state law minors do face consequences for possessing or consuming cannabis, but a series of policing guidelines have law enforcement departments and organizations up in arms.

According to the law:

• Those under 21 found with weed will be given a series of written warnings, rather than criminal penalties or fines. Third-time juvenile offenders could receive community service.
• The law also restricts police from conducting searches of juveniles based solely on the odor of marijuana.

Any person who is under 18 years of age, and who knowingly possesses or consumes a cannabis item in any school, public place or motor vehicle will be subject to a variety of consequences. They include:

• For a first violation, a written warning would be issued by a law enforcement officer to the underage person. The written warning shall include the person's name, address and date of birth and details of the probable cause.
• For a second violation, a written warning is issued to the underage person and also provided to the parent, guardian or other person having legal custody.
• The written notification would include a referral to a public or private agency or organization used to fund community, mentoring or substance-abuse services.
• For a third or subsequent violation, a civil penalty of up to $50 or the performance of community service in lieu of payment could be imposed.
• 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 marijuana, hashish, cannabis or any cannabis item would not constitute reasonable suspicion to initiate an investigation.
• The unconcealed possession of an alcoholic beverage, marijuana, hashish or cannabis item observed in plain sight would not constitute probable cause to initiate a search of a person or that person's personal property
• A person under the legal age to purchase cannabis items would not be subject to arrest, and would not be subject to detention or otherwise be taken into custody by a law enforcement officer
• Any money from civil fines will help find substance use and community service programs

Murphy isn't the only official upset with the lack of parental involvement in marijuana policing.

"There are virtually no penalties for kids who decide that they want to use marijuana and alcohol," said Assembly Republican Joe Bramnick. "Parents are left out of the equation, and that has nothing to do with social justice. Police and parents will not be able to do anything, and kids will know that. Democrats have lost their grasp on reality."

The New Jersey Libertarian Party also disagrees with not involving parents in the process, officials said in a recent statement.

"Regardless of a juvenile's actions, it is the right of a parent to know when their child has had an interaction with any adult, regardless of said adult's 'authority,'" the NJLP argued. "It should be at the parent's discretion how to proceed."

Whereas Murphy's frustration is related to communication, other organizations have deeper qualms with the bill.

The New Jersey State PBA said the new law "dangerously ties your hands" and "poses serious threat" to law enforcement jobs in a statement on Facebook. Specifically, the union cited the smell of marijuana no longer being a probable cause to search, and potential charges facing officers who don't abide by the new law as cause for concern.

"We are urging every member of law enforcement to avoid approaching people with marijuana until a proper legal analysis and direction can be developed," said the union.

With reporting from Carly Baldwin and Eric Kiefer.

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