One at One: New Jersey’s New Marijuana Laws & Schools

Today’s Issue by Nick Sullivan:

Whether the new marijuana laws, enacted by Governor Murphy on February 22, 2021, affect a school district’s reporting requirements under the Uniform Memorandum of Understanding between Education and Law Enforcement Officials.

Answer:

No.  Although the new marijuana laws decriminalized the possession of marijuana, marijuana remains defined as a controlled dangerous substance under the statute. Therefore, pursuant to the Uniform Memorandum of Understanding with Law Enforcement Officials, school districts are still required to report to law enforcement when any employee has reason to believe that a student is in possession of a controlled dangerous substance, including marijuana.

Resources:

N.J.A.C. 6A:16-6.3

N.J.S.A. 2C:35-2

https://www.nj.gov/education/students/safety/behavior/law/moa/SummaryofMandatoryReportstoLEJan2019.pdf

https://www.nj.gov/oag/dcj/agguide/AG-Interim-Guidance-Marijuana-Decrim-2020-0222.pdf (February 22, 2021)

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Chair

Christine Soto, Partner and Co-Chair

Afshan Ajmiri Giner, Partner and Co-Chair

Caitlin Pletcher, Partner

This post is for informational purposes only and should not be construed as legal advice.