New Jersey Statutes 2C:35-23.1. Prosecutor shall not pursue certain charges
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| disorderly persons offense | up to 6 months | up to $1,000 |
| petty disorderly persons offense | up to 30 days | up to $500 |
Terms Used In New Jersey Statutes 2C:35-23.1
- Controlled dangerous substance: means a drug, substance, or immediate precursor in Schedules I through V, marijuana and hashish as defined in this section, any substance the distribution of which is specifically prohibited in N. See New Jersey Statutes 2C:35-2
- Conviction: A judgement of guilt against a criminal defendant.
- Dispense: means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See New Jersey Statutes 2C:35-2
- Distribute: means to deliver other than by administering or dispensing a controlled dangerous substance or controlled substance analog. See New Jersey Statutes 2C:35-2
- Hashish: means the resin extracted from any part of the plant Cannabis sativa L. See New Jersey Statutes 2C:35-2
- Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled dangerous substance or controlled substance analog by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled dangerous substance: (1) by a practitioner as an incident to his administering or dispensing of a controlled dangerous substance or controlled substance analog in the course of his professional practice, or (2) by a practitioner, or under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See New Jersey Statutes 2C:35-2
- Marijuana: means all parts of the plant Cannabis sativa L. See New Jersey Statutes 2C:35-2
- month: means a calendar month, and the word "year" means a calendar year. See New Jersey Statutes 1:1-2
- Person: means any corporation, association, partnership, trust, other institution or entity, or one or more individuals. See New Jersey Statutes 2C:35-2
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Verdict: The decision of a petit jury or a judge.
b. (1) On the first day of the fifth month next following the effective date of P.L.2021, c.16 (C. 24:6I-31 et al.), any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter that was entered prior to that effective date, but the judgment of conviction or final disposition on the matter was not entered prior to that date, and the guilty verdict, plea, placement in a diversionary program, or other entry of guilt solely involved one or more crimes or offenses, or delinquent acts which if committed by an adult would constitute one or more crimes or offenses, enumerated in subsection a. of this section, that guilty verdict, plea, placement in a diversionary program, or other entry of guilt shall be vacated by operation of law. The Administrative Director of the Courts, in consultation with the Attorney General, may take any administrative action as may be necessary to vacate the guilty verdict, plea, placement in a diversionary program, or other entry of guilt.
(2) On the first day of the fifth month next following the effective date of P.L.2021, c.16 (C. 24:6I-31 et al.), any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment as defined in section 8 of P.L.2017, c.244 (C. 2C:52-23.1) of any person who, on that effective date, is or will be serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the person’s conviction or adjudication of delinquency solely for one or more crimes or offenses, or delinquent acts which if committed by an adult would constitute one or more crimes or offenses, enumerated in subsection a. of this section, shall have the conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment vacated by operation of law. The Administrative Director of the Courts, in consultation with the Attorney General, may take any administrative action as may be necessary to vacate the conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment.
L.2021, c.16, s.59; 2021, c.19, s.4.