A Prior Conditional Discharge for Marijuana Offenses pre-CREAMMA does not precluded one from PTI.

The New Jersey Supreme Court finally addressed the issue regarding the prohibition from being eligible for PTI of one previously used a conditional discharge for a marijuana offense that are now part of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.

The Court HELD: Persons who received pre-CREAMMA (Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act) conditional discharges for specified marijuana offenses -- just like persons who had pre-CREAMMA convictions for those marijuana offenses -- are no longer categorically precluded from future admission into PTI. Instead, prosecutors and reviewing courts must consider the merits of their PTI applications, without regard to the existence or circumstances of the earlier marijuana-related conditional discharges. The holding harmonizes CREAMMA and its manifest legislative intent with the pre-existing general language of the PTI and expungement statutes, including the Legislature’s command in CREAMMA to apply its reforms to “any case” that arose before its enactment.

For a copy of the opinion, visit the link below.

https://www.njcourts.gov/sites/default/files/court-opinions/2023/a_64_65_21.pdf