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Prior Conditional Discharge Does Not Prevent Admission into Diversionary Program in Future

The New Jersey Supreme Court has recently ruled that a prior admission into the conditional discharge program for eight possession of marijuana is not an automatic ban from application to the diversionary program pursuant to N.J.S.A.: 43–12(g)(1). The decision comes based upon the interpretation of the newly enacted statute in New Jersey, regarding the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act adopted in 2021. The court found that in the event the individual has a prior admission to the conditional discharge program based upon a possession of marijuana that they are not automatically precluded and can apply for a diversionary program such as the pretrial intervention program.


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