Officers cannot use the smell of marijuana as probable cause to search someone, and there are strict limits to how officers can interact with someone underage when it comes to cannabis or alcohol, Leusner said. That includes a potential criminal liability for the officer over the interaction with a juvenile.
“Right now, for someone under 21, if they’re smoking marijuana, it’s just a warning. An endless stream of warnings,” Leusner said. Even though there are no cannabis dispensaries yet open in the state, which means any marijuana found has been bought illegally, he said there is little officers can do. For instance, someone recently charged with shoplifting had marijuana at the time of the arrest. Officers confiscated it, but there was no charge, Leusner said.
“It’s not an offense,” he said. “They’re in possession of something illegal in which there’s no consequence if it’s less than 6 ounces. So what’s the point, quite frankly?”
MIDDLE TOWNSHIP — Police are trying to locate three people involved in a Thursday evening st…
The township has 180 days after legalization was signed to approve a zoning ordinance setting up where cannabis can be sold to adults, or else the default zoning included in the law will be automatically applied. That means the township has until August to decide.
Officials have said they want to hear from residents on the issue.
“I will say the referendum passed overwhelmingly in Cape May County, and in Middle Township. I was frankly a little surprised to see the margin — about 2-1 in favor of legalized recreational marijuana for Middle Township voters,” Donohue said. “There will be some loud voices on either side of this issue, I’m sure. When we get into the nitty-gritty we’ll probably hear from more folks.”