School’s out for summer and recent reported incidents in NJ shore towns have renewed media coverage and legislative attention directed at concerns over ‘pop up parties,’ underage drinking and teen marijuana use. As some communities react by putting local regulations in place to address issues, NJ state legislators are considering re-establishing fines for underage possession of controlled, legal substances. Will this fix the problems with current law or create new ones?
Background:
During the 2020 election NJ voters approved a state constitutional amendment addressing the creation and regulation of the recreational cannabis marketplace. In early 2021 NJ legislators passed sweeping laws on the subject to begin setting up the framework for 'legal weed' sales. Among the details were many changes to state law designed to accommodate decriminalization. In keeping with the new 'marijuana reform' orientation, legal changes included a significant shift to approach and penalties when law enforcement officers encounter minors in possession of alcohol or marijuana.
At the time, some critics raised concerns about how shifts in the law would impact teen substance use by functionally decreasing awareness and accountability of parents and guardians while significantly chilling enforcement of underage possession of alcohol and marijuana by police officers.
Due to social justice and civil rights concerns, supporters firmly advocate against imposing fines on minors for violating underage possession provisions in the law. As a result, although the letter of the law passed in 2021 allows for underage possession fines to be imposed on individuals between the ages of 18 and 21, advice from the NJ Office of the Attorney General left law enforcement officers with limited capacity for upholding it.
Why it Matters:
Since the 2021 legal change, teens and other young adults drinking and using marijuana have been implicated in the skyrocketing occurrence of 'pop up parties'. Additionally, reports of highly intoxicated teens have raised concerns among parents, stoking fear and outrage that the current law may allow for children to keep them in the dark about substance use. While nobody should blindly accept that these reports represent truly organic developments in human behavior, the ramifications of events have created significant cost and friction for impacted communities and calls for state-level solutions are mounting.
In a seemingly reactionary maneuver, NJ legislators have rushed to the rescue with the introduction of a bill, A5610, which would impose fines on minors for underage possession of alcohol and marijuana/cannabis products. If passed in its current form, the law may not be a 'pop up party' deterrent for the reasons stated by Rob Nixon during testimony to the NJ Assembly Judiciary Committee on June 15, 2023. However, it appears that some support an as-yet unrealized amendment removing the possibility of specific civil rights violation penalties on officers who attempt to enforce underage possession measures. Although on the surface, the proposed change seems like it could fix the enforcers problem, it also should be scrutinized within a larger legal and constitutional framework.
Conclusion:
***The NJ Assembly Appropriations Committee is scheduled to consider this bill on Thursday, June 22, 2023.*** Presumably a second committee hearing will allow for further discussion and amendment of it. Lawmakers are signaling a potential fast-track passage during voting sessions scheduled before the June 30 state budget deadline. We Are New Jersey is not taking a position on any specific aspect of current or proposed law. But it seems that there is much more than meets the eye regarding myriad issues adjacent to those addressed by A5610 and the 'pop up parties' which allegedly precipitated the bill's introduction on June 8, 2023.
Many changes to state law concerning alcohol and marijuana/cannabis use, especially in relation to minors, are not well known or understood by people around New Jersey. ALL of these changes occurred during the past three years when most were dealing with pandemic related challenges and rightfully had their attention focused on many other things. It's not an excuse for ignorance or inaction, but coronavirus and resultant policies have undeniably shaped public experience and perception since 2020. But on this hot button topic, like many things, easy answers aren't always the best in the long run.
Contact NJ Officials:
Everybody needs to pay attention, take a closer look and start asking questions about what's really happening around the Garden State.
Dig Deeper:
A5610 (bill history) - Revises penalties for possession or consumption of alcoholic beverages by underage persons. (bill text, as amended; current June 19, 2023)
Assembly Judiciary Statement - A5610 (June 15, 2023 amendments)
Assembly Judiciary Committee- June 15, 2023 (audio only, discussion of A5610 starts at 2:22:36 time mark)
Lawmakers Move to Increase Fines for Underage Drinking in NJ (NJSpotlight News, June 2023, includes video)
Democrats’ attempt to control unruly teens at Jersey Shore handcuffs cops (NJ Assembly GOP, video clip June 15, 2023 Assembly Judiciary Committee)
Interim Guidance Regarding Marijuana Decriminalization (Issued in 2021 by NJOAG; good overview of changes to law)
Frequently Asked Questions Marijuana Decriminalization and Legalized Cannabis (NJOAG; Updated May 2022)
New marijuana and alcohol laws handcuff NJ police officers. Here's how | Opinion (northjersey.com; 2021, includes video)
Pop-Up Party Policy Ploy Has No Teeth