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State v. Gomes

New Jersey Appellate Division

June 9, 2022

In these consolidated appeals, the New Jersey Appellate Division held that a defendant who received a prior conditional discharge for a low-level marijuana offense is ineligible for PTI. The case turned on the Court’s interpretation of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. The Court ruled that “the Legislature’s differential treatment of records of prior and pending charges for petty and disorderly persons marijuana offenses in N.J.S.A. 2C:52-6.1, compared to its treatment of records associated with underage persons’ use of marijuana in N.J.S.A. 2C:33-15 evinces its intent to subject the former group to the limitations associated with expungements.”

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