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marijuana or alcohol. And if an officer violates a minor's rights by using pot or alcohol as the reason for a search then the officer will be charged with the crime of deprivation of civil rights; and

WHEREAS, Senate Bill No. 3454 establishes penalties of only warnings for illegal use by minors of marijuana or alcohol but it essentially prevents an officer from even approaching a person suspected of being a minor. The smell of marijuana and its use in the presence of a law enforcement officer will no longer be grounds to search an individual. While marijuana is now legal for those 21 and older Senate Bill No. 3454 is an assault on law enforcement's ability to enforce the law. Senate Bill No. 3454 is an attack on law enforcement officers by making law enforcement officers the target of punishment rather than the individuals breaking the law. This language will have dangerous consequences for the public and law enforcement officers.

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Jackson, County of Ocean, State of New Jersey finds as follows:

  1. Senate Bill No. 3454 was passed with little to no discussion, no public transparency and no public debate.
  2. By passing Senate Bill No. 3454, the Legislature and Governor Phil Murphy ignored the judgment of parents over the lives of their children. The requirements of the new law will keep parents in the dark about what may be happening in their children's lives. It shows children there are no major consequences if they are found using marijuana or alcohol for the first time. Parents should have the right to know if their child is using or in possession of marijuana from the first encounter and be given the chance to discuss the consequences before it potentially becomes a larger issue.
  3. Senate Bill No. 3454 takes a huge step backward on the path of ensuring children are aware of both the short-term and long-term consequences of drag and alcohol use. Essentially, the Legislature is telling the children they have one "free pass" to get caught with marijuana or alcohol before there are any real consequences.
  4. Senate Bill No. 3454 unfairly and unreasonably imposes criminal penalties on law enforcement officers if they are found to have violated new rules dictating underage possession. The odor or cannabis or alcohol will no longer be enough to justify a search. The same holds true for "the unconcealed possession" of an alcoholic beverage, marijuana, hashish or cannabis item, according to the bill text.
  5. Senate Bill No. 3454 turns law enforcement officers into criminals. It establishes a legal set of enforcement powers, but it criminalizes the actual enforcement of those powers.
  6. Senate Bill No. 3454 contradicts a prior law that banned smoking tobacco products on beaches and boardwalks, but now that law may be essentially unenforceable when it comes to smoking marijuana on beaches and boardwalks. Underage users of marijuana will now be free to smoke it anywhere, including in places the law says is illegal, because merely stopping a person to enforce the law is now illegal for police. Drug dealers will quickly learn to hide their drugs, guns and evidence of crimes on anyone under 18 years of age since merely lighting a joint as the officer approaches will put the officer in jeopardy of making an illegal search and being charged criminally.
  7. Senate Bill No. 3454 goes well beyond the express terms of the ballot question and the intent of New Jersey's voters when they approved the question.
  8. Governor Murphy and the State Legislature should take urgent steps to repeal Senate Bill No. 3454 to protect our children and law enforcement officers.
  9. A certified copy of this Resolution shall be forwarded to Governor Phil Murphy, the State Legislature, Ocean County Board of Commissioners, NJ State League of Municipalities, NJ Municipal Management Association, and NJ State PBA.