NJ A2457

Defendants who previously participated in diversionary programs (conditional discharge, Pretrial Intervention, conditional dismissal, or Veterans Diversion Program) for marijuana or hashish offenses that have since been decriminalized may now participate in a diversion program again

Qualifying prior offenses include possession of marijuana/hashish, manufacturing or distributing small amounts, being under the influence, and related drug paraphernalia violations under specified statutes

Applies to four diversion programs: conditional discharge (N.J.S.A.2C:36A-1), Pretrial Intervention/PTI (N.J.S.A.2C:43-12), conditional dismissal in municipal court, and the Veterans Diversion Program

Takes effect 60 days after enactment and applies retroactively to February 22, 2021, the date New Jersey decriminalized possession of up to six ounces of marijuana and enacted cannabis legalization

Addresses the situation where individuals used their one-time diversion eligibility for marijuana offenses that are no longer illegal, restoring their ability to access these programs for other eligible offenses