Co. Prosecutor, Freeholders Oppose Legalized Recreational Marijuana

CREST HAVEN – The prospect of legalized marijuana for recreational use by persons aged 21 and over was discussed by Cape May County Prosecutor Jeffrey Sutherland with freeholders Feb. 13. 
Sutherland told the board that earlier that day he met in Trenton with the state’s other county prosecutors and state Attorney General Gurbir S. Grewal.
Part of the group’s discussion centered on what seems inevitable, given the pledge Gov. Phil Murphy made during his inaugural address to sign a bill legalizing recreational marijuana.
Later in their meeting, freeholders unanimously passed a resolution opposing the legalization of recreational marijuana use.
Asked by Freeholder Director Gerald Thornton of the impact of such legislation, Sutherland replied, “The very practical problem is that we have no standardized test for marijuana use when driving.”
Use of psychological tests following a crash can be challenged, he said. Unlike alcohol, which can be tested with an Alcotest, there is no such test for impaired driving caused by marijuana.
“No one has a good solution,” Sutherland said.
Another unanswered question, he said, stems from a vehicle stop by a police officer. If marijuana use is suspected, the officer will not have a right to search the vehicle, he added.
Additionally, the Prosecutor’s Office laboratory, one of four accredited in the state to test for a variety of drugs, may no longer get the funding it does from court-imposed fees on drug convictions. Those fees are $50 for an adult and $25 for juveniles, imposed by municipal courts. In 2017 those fees generated $33,000 that helped offset the lab’s operation, Sutherland said.
“The strongest argument is how do we do our job?” Sutherland asked. He spoke of law enforcement in general and noted one facet that may go unnoticed, that K-9 units have dogs trained to detect marijuana. Those animals will have to be retrained, he added.
Another aspect with legalization is that if marijuana is put into edible form, young children may ingest it, not realizing its potency.
“Kids can eat it; a toddler can pick it up, it’s edible, like a piece of candy,” Sutherland said. He added that while children may take a drink of beer, many would likely spit it out; not so with marijuana in an edible form.
“It’s not like dealing with alcohol,” Sutherland said. He pointed to that drug, legal for years, and noted how many laws govern every aspect of its production, labeling, sale, and possession.
Sutherland, who is against legalization for recreational marijuana, said when Grewal was Bergen County prosecutor “he was against it (marijuana).”
Should legalization of recreational marijuana take place, the Attorney General will make his decision.
After that, the County Prosecutor’s Association will decide what official stance it will take.
Thornton’s Concern
“I asked that the resolution be put on tonight opposing legalizing marijuana,” said Thornton.
“I don’t understand how the state and governor can pass laws because we are all sworn to uphold the laws and Constitution of the United States. It would make us liable if the feds want to come in and bust all of us,” he continued, in light of the fact that marijuana is still illegal according to federal law.
Sutherland noted that the U.S. Department of Justice could withhold grant funds that would “make it more difficult for us to do our job.”
“I have a lot of difficulty,” continued Thornton. “It’s a nightmare for local police departments, for us and for you. How the hell do you enforce it? Everybody will have a backyard full of plants,” he added.
“Sooner or later it should go to the Supreme Court,” said Thornton, “whether the state can dictate and overrule federal law by these states. They should immediately challenge that and get an answer one way or another.”
Freeholder Resolution
The board’s resolution in opposition to the legalized recreational use of marijuana states:
* Only eight states and the District of Columbia have legalized recreational marijuana.
* Colorado, (one of those states) has seen an increase in documented traffic deaths involving drivers that had used marijuana. In 2013, the year before marijuana was fully legalized in Colorado, there were 55 documented traffic deaths, and in 2016 the number was 125.
* In 2016, the Rocky Mountain High-Density Drug Trafficking Area annual report shows that the number of medical marijuana centers in Colorado is greater than the number of Starbucks coffee shops, and the number of recreational marijuana outlets is greater than the number of McDonald’s restaurants.
* That report also demonstrates that marijuana use among Colorado teens aged 12 to 17 is 74 percent above the national average.
* New Jersey utilizes drug recognition experts to determine whether someone is under the influence of a drug including marijuana when operating a motor vehicle and there is no current objective standard for operating under the influence of drugs like marijuana as compared to standards established for driving while intoxicated.
* The opioid epidemic is well known to residents of the county…and the state…even though opioids are currently “legal” and available by prescription and has not been controlled.