Efforts underway to change parental notification rules in NJ marijuana laws

Claire Lowe

The backlash was swift and harsh against a provision in the new state law decriminalizing marijuana barring police from parental notification for a minor’s first offense, and now police and policymakers are looking to make changes.

An effort is underway by police and some Republican legislators to inform the public about the new provision, and it coincides with the introduction of three bipartisan bills to revise the portion of the law that strips police of the ability to notify parents in a minor’s first offense for marijuana or alcohol.

“I’m alarmed,” said Sayreville Police Chief John Zebrowski, 1st vice president of the State Association of Chiefs of Police. “I would think that most if not all parents want to know when they’re children are involved in something that could be harmful for them.”

Under the new law, a warning system is put in place for underage offenders in possession of alcohol or marijuana.

On the first offense, the minor would receive a written warning, but parents are not to be notified until the second offense. The third offense results in a write-up, parental notification and directs minors to be referred to community programs.

The law also prohibits police from investigating possible alcohol or marijuana offenses by minors due to odor or from arresting or detaining minors solely due to marijuana or alcohol offenses, making it a criminal offense for officers if they do.

According to reports, the notification provisions were a result of negotiations during the legislative process with a goal to decrease the potential negative impacts of underage possession, especially for children of color.

“It does not legalize marijuana for kids. That was one thing that we had to avoid at all costs, but at the same time, it prevents more kids — and, importantly, more kids of color — from getting caught up in the criminal justice system,” Gov. Phil Murphy said in a radio interview last week.

Three bills have already been introduced in the state Legislature to amend the provision on parental notification, providing parental notification on the first offense.

Sen. Michael Testa, R-Atlantic, Cape May, Cumberland, and Sen. Chris Brown, R-Atlantic, are co-sponsors on two of the bills.

“I think that the law as it has been passed is pure insanity,” Testa said. “It handcuffs police officers from being able to do their job with minors. As a parent of three children, I would like to know if my children were engaging in what amounts to illegal activity.” Testa also criticized the provision of the law that punishes law enforcement, and the lack of a central database for officers to look up if a minor had a written warning in another municipality.

“Like all Atlantic County families, my wife and I raised our three children to make good choices, which is why I continue working in a bipartisan manner and am sponsoring two bills to make sure our parents are notified so they can provide the right guidance when their children make a wrong choice,” Brown said.

Efforts to reach Assemblymen and , D-Atlantic, and Erik Simonsen and Antwan McClellan, R-Atlantic, Cape May, Cumberland, for comment were unsuccessful.

Zebrowski said that the provision caught police by surprise, but, after taking a moment to digest the changes, they have mobilized to make an appeal to their communities.

This week, Northfield Police Department posted on its Facebook page a lengthy post explaining the law, urging parents to check their child’s belongings, and to contact legislators if they oppose the new provisions.

“We as a department will always put the welfare of the child first, meaning if the juvenile is highly impaired and is a danger to himself/herself or the public, the juvenile will be brought home and released to a parent/guardian under the community caretaking function,” the post reads.

In addition, Sen. Robert Singer and Assemblymen Sean Kean and Ned Thomson, R-Monmouth and Ocean, this week announced a campaign to encourage school boards and municipalities to join their efforts.

“Parents are worried that parental notification is now prohibited when kids are caught with drugs or alcohol. They have a right to know if their 12-year-old is smoking pot. Police officers are concerned that the new laws treat them like criminals. They’re not the enemy and we shouldn’t hamstring their efforts to keep kids away from drugs and alcohol,” Singer said.

The legislators say they are concerned about the impact of the law on schools, too.

Janet Bamford, chief public affairs officer for the New Jersey Schools Boards Association, said that possession or selling of marijuana on school grounds is still a violation of the code of student conduct in school districts.

“And NJSBA is not aware of anything in the new law that would prohibit schools from notifying parents, as schools have long been doing,” Bamford said.