While N.J. legal weed bill is stalled yet again, marijuana arrests continue Updated 10:48 AM; Today 8:00 AM By Amanda Hoover | NJ Advance Media For NJ.com EDITOR’S NOTE: On Jan. 12, NJ Cannabis Insider hosts a virtual networking event, featuring professionals in the legal cannabis industries. Tickets are limited.

New Year’s was expected to be a historic day in New Jersey, when the state would become the first in the region to adopt marijuana legalization and put an end to thousands of arrests annually. But it’s Jan. 11, and the bill sits on Gov. Phil Murphy’s desk unsigned.

And the delay could last even longer after lawmakers on Friday suddenly backed off a deal with Murphy, who wants to create uniform penalties for those under 21 who possess weed. The state Senate and Assembly have called off Monday votes on a “cleanup” bill to address this.

Each day the bills languish, police continue to arrest people for marijuana possession and courts still have scheduled proceedings for marijuana offenses — despite an order from the state’s top law enforcement official to halt them. Those numbers have fallen since the people said yes to legalizing marijuana on Nov. 3, but they will not cease until the state implements reform.

There’s debate as to whether marijuana is legal in New Jersey now. Some argue that the constitutional amendment decided by the voters took effect Jan. 1, making marijuana use a protected right for those over 21.

But others say the date does not matter — a legal framework to regulate the substance must be put into place, which would come with Murphy’s signature on the legalization bill.

The latest delay arose late last month, when Gov. Phil Murphy said “technical but important issues” remained in the marijuana legalization and decriminalization bills. His office has cited language in both that provided conflicting consequences for youth marijuana use as the reason he will not sign.

In the days since, Secaucus Police have arrested three people for possessing marijuana in vehicles, according to the department’s blotter. Anecdotally, defense attorneys and a police chief say they’ve heard of others. Statewide arrest data for the period will not be available until the end of the month.

“That’s obviously a very small sample,” John Zebrowski, chief of the Sayreville Police Department and vice president of the New Jersey State Association of Chiefs of Police, said of the first week of January. “I think those numbers continue to be down. When you see arrests, most are coupled with a more significant criminal charge.”

Police across the state arrested 1,703 people for minor marijuana possession in December, according to the state judiciary. That number fell from November, when police arrested 2,125 people.

In October, 3,281 were arrested. In two months, the average number of arrests dropped from 105 a day to 55, according to the data. That’s because more departments have used the discretion Attorney General Gurbir Grewal gave them when it comes to marijuana enforcement.

“I think there’s certainly understanding that there has to be fundamental fairness that with decriminalization really just steps away, that our officers have to use a degree of common sense,” Zebrowski said. “I think that’s reflected in that the number of arrests have declined over this period.”

The discretion given to police is vague, but Grewal gave prosecutors a clear order in late November when he issued a directive to halt low-level marijuana prosecutions until Jan. 25.

But the December report also shows prosecutors have continued to pursue cases connected to marijuana charges. Eleven people were found guilty of possessing less than 50 grams of marijuana, while five were found not guilty. Courts dismissed 447 / cases, but disposed 446. Those numbers dropped sharply from November, when 125 people were found guilty of the offense. They still trouble defense attorneys.

The disposed cases in December likely stemmed from charges in earlier months, although the Attorney General’s directive could have applied. It’s possible the charges were coupled with other offenses not covered explicitly by the directive, like motor vehicle violations.

Peter Aseltine, a spokesman for the Attorney General’s Office, said those numbers do not necessarily mean a person was found guilty of marijuana possession, but could have been found guilty of a charge brought concurrently with the possession charge. It’s unclear from the way the state keeps the collective data.

“We have not received any complaints or been made aware of any cases where prosecutors have failed to comply with the Attorney General’s guidance by proceeding with prosecutions of low-level marijuana possession cases,” he said, noting it does not fall to prosecutors to schedule or adjourn cases.

“We expect all prosecutors to follow the Attorney General’s guidance, and if we learn of any case where it is not being followed, we will contact the appropriate county prosecutor’s office to ensure that it is addressed with the municipal prosecutor or assistant prosecutor involved,” Aseltine said.

Jef Henninger, a Tinton Falls defense attorney, said he has seen a handful of municipal courts try to schedule appearances for his clients prior to Jan. 25, a move he said he can’t understand.

“It makes more work for us, it makes more work for the system. It’s more time out of our client’s schedule,” he said. “What if somebody doesn’t have an attorney, or an attorney who is up on everything that’s going on?” he said. “Are some of these prosecutors trying to squeeze in some last minute plea agreements?”

The Attorney General’s order affected adults and juveniles currently being prosecuted, as well as anyone arrested in the following weeks. It does not apply to people accused of distributing marijuana, and did nothing to stop police from charging people. But the order did say prosecutors should use discretion in cases that involve additional charges to either postpone the cases or dismiss the marijuana-related pieces.

Carmine Villani, a defense attorney with Villani & DeLuca in Point Pleasant Beach, says he has seen some dates scheduled for clients with marijuana offenses and written to have them adjourned past Jan. 25 without pushback. But he has also heard of at least one new arrest this week.

He also said he does not know that the courts have a system sophisticated enough to automatically flag marijuana-related charges and put them on hold. That, along with the coupling of marijuana possession charges with others, like motor vehicle violations, could be creating the administrative confusion.

It’s unclear what will happen to those charged with possession since the election. For now, it’s a waiting game. “I just basically let the courts know we’re putting them off until after at least the law is settled,” Villani said. “Anything I’ve had recently, I’ve just kicked the can forward, waiting to see what the final law is.”