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I Went Through Conditional Discharge for Marijuana, Can I Get Into PTI for New Charges in NJ?

PTI Eligibility for Applicants with Past Marijuana-Related Conditional Discharges in New Jersey

Diversionary programs aim to help a first-time offender rehabilitate and turn their life around without having to bear the burden of a criminal record that could further impact them long after their case ends. The one time only rule for diversionary programs in New Jersey precludes a defendant from getting into a program like this again, after they have already enrolled in a program like conditional discharge or conditional dismissal in Municipal Court, or Pre-trial intervention (PTI) in Superior Court. The one-time rule applies to all diversionary programs, so a municipal court diversion triggers the one diversion program only rule in superior court. There is one major caveat to the one-time only rule that often serves as a viable option for those with past marijuana conditional discharges.

About Conditional Discharge for Minor Marijuana Charges in NJ

Defendants in New Jersey with minor drug charges may be able to get their charges dismissed by receiving a conditional discharge if it is their first diversionary program and they have no other drug convictions or pending disorderly persons drug offenses. In this supervised program, the participant is provided with a chance to restore their life through education, drug testing, and counseling, for example.

Before marijuana decriminalization in New Jersey, defendants with lesser marijuana charges could resort to conditional discharge in municipal court to avoid a conviction on their criminal record. When marijuana was still illegal for recreational use, individuals facing marijuana possession charges often took advantage of the program.

About Pre-Trial Intervention with a Previous Cannabis Diversion in NJ

Pre-trial intervention (PTI) in Superior Court is also a first-time offender diversionary program for those facing lower-level indictable crimes, such as third or fourth degree non-violent crimes, and even higher-level indictable crimes in some cases.

Before the decriminalization of cannabis, a defendant facing marijuana or other charges could be disqualified from PTI if they enrolled in conditional discharge diversionary program in the past. In other words, anyone who received a conditional discharge for a marijuana offense that would not have been illegal under current laws was unable to access a future diversionary program. However, now, a conditional discharge in the municipal court for marijuana possession or other lesser marijuana-related charges does not disqualify a defendant from PTI in Superior Court.

New Opportunities for PTI for Applicants with Prior Marijuana Conditional Discharges in NJ

In February of 2023, the New Jersey Supreme Court made an exception to the one diversionary program rule. Now, those with marijuana convictions before marijuana legalization and the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) are not automatically disqualified from admittance into PTI. The defendants in State of New Jersey v. Richard Gomes received Conditional Discharges for marijuana possession and, as such, their applications to PTI for subsequent charges were rejected based on the one-time only diversionary program rule.

The Appellate Court affirmed the trial court’s denial of their PTI applications, but the New Jersey Supreme Court overturned the lower court ruling, specifying that prosecutors needed to determine PTI eligibility on the merit of the application, not on pre-CREAMMA Conditional Discharges. In other words, Conditional Discharges (and convictions) for minor marijuana offenses that are currently decriminalized are not disqualifications for PTI.

How State vs. Gomes Could Affect Your New Jersey PTI Application

Now, an eligible first-time offender in Superior Court is not automatically disqualified from PTI due to the one diversion program rule. For example, a Municipal Court Conditional Discharge for possession of marijuana or marijuana products under six ounces does not preclude an applicant from PTI. Since the charges pre-CREAMMA would now not be offenses after cannabis decriminalization, the one diversion program rule does not apply. A defendant may have a fresh start after completing PTI as if the previous conditional discharge did not occur.

What Else Could Restrict Your Ability to Get into PTI in NJ

PTI is designed for first time offenders to avoid incarceration and get the resources they need to reintegrate into society and address the underlying problems that led to criminal acts. After completing the program, the court dismisses the charges against the program participant. But not everyone who applies gets in.

The guidelines informing a prosecutor’s decision to allow a defendant PTI are in NJSA 2C:43-12. Eligibility requirements allow first-time offending adults (18 or over or juveniles 16 or over who are prosecuted as adults for their crimes), charged with offenses or crimes more severe than ordinance violations but typically not as severe as second degree or first degree crimes to enter the program. Certain crimes (violent, criminal organization participation, or breach of the public trust) and prior convictions disqualify an applicant. However, the prosecutor may consider the applicant and circumstances holistically to accept or deny an application.

Applicants with previous criminal convictions and completed sentences within five years of applying are typically excluded, as are those on probation or parole. Those who completed PTI before are also usually ineligible. Finally, a prosecutor may determine that PTI will not benefit an applicant and deny the application. It is important to note that certain strategies used by our experienced criminal defense attorneys can help our clients get into PTI even if they are charged with second degree crimes that would normally bar their application. We can also sometimes help our clients obtain a Graves Act waiver for gun-related charges, which allows them to enroll in PTI for a typically prohibited weapons offense.

As for clients with prior marijuana conditional discharges, our criminal defense lawyers are readily equipped to assist with the PTI application process to ensure the greatest chances of success.

Consult a Criminal Defense Lawyer in Marlton, NJ about Getting into PTI with a Marijuana Conditional Discharge

Consult with a criminal defense attorney at Proetta, Oliver, & Fay if you need help defending against criminal charges in Evesham, Mount Laurel, Pemberton, Lumberton, Burlington City, Gloucester, and throughout Burlington County and Southern New Jersey. You can rely on our team to know the latest legal developments, including the Supreme Court’s decision in State vs. Gomes. When you already completed conditional discharge in municipal court for marijuana charges that have since become non-offenses, our attorneys can help you get into PTI.

Since PTI is not guaranteed, our criminal defense lawyers can help you prepare your application and advocate for you to the prosecutor reviewing your application. Knowing the criteria the prosecutor considers in allowing PTI applications, we will use the unique factors of your situation and tailor your application to be the most compelling and favorable it can be.

Even if you are ineligible for PTI, our attorneys’ assistance can be invaluable when defending your case. Whether we are instrumental in obtaining a plea agreement or a not-guilty verdict at trial, our knowledge and skill can be crucial to your defense. Contact us at 609-850-8284 for a free consultation with one of our criminal defense attorneys to discuss your eligibility and potential for completing a diversionary program or other aspects of your defense.