By Nikita Biryukov
The Senate approved legislation Thursday that would create fines for underage drinkers, reversing a prohibition enacted when lawmakers approved a bill creating the state’s legal marijuana market in 2021.
The bill, which won passage in the Assembly in June, would see underage drinkers subject to a $50 fine and a complaint summons, the equivalent of a disorderly persons offense.
Legislators backing the bill said the new rules are needed to address parties in towns along the Jersey Shore that local officials have condemned as chaotic and disruptive, and to allow authorities some measure of enforcing the state’s drinking age.
Sen. Nellie Pou (D-Passaic), who chairs the Legislature’s Latino caucus, was the only lawmaker to vote against the measure. The bill saw no debate on the floor and now heads to Gov. Phil Murphy’s desk.
It also would raise the bar for police officers to face civil rights lawsuits over interactions with underage drinkers or smokers. Police unions have criticized the 2021 marijuana law for a provision that allows these kinds of charges, saying it discourages officers from taking any action against minors even if they know they are breaking the law.
The bill approved Thursday would require such charges to come with evidence that a police officer acted to intimidate or discriminate against a person on the basis of their protected class, like race, gender, or sexual orientation.
Activists have pushed against the bill, warning it would increase teens’ contact with the criminal justice system and saying existing laws are enough to enforce state drinking laws. The American Civil Liberties Union of New Jersey is among those opposed to the bill. Ami Kachalia, a campaign strategist with the group, said it is “deeply disappointed” in the Senate’s action.
“Instead of passing punitive and ineffective policies, New Jersey should be increasing its investment in public health solutions. We urge Governor Murphy to veto this bill and commit to protecting youth across New Jersey,” Kachalia said in a statement.
The move marks a reversal for Trenton Democrats, who barred criminal charges and parental notifications for underage drinkers and marijuana users when approving legislation that launched New Jersey’s legal marijuana market in 2021.
Lawmakers approved legislation allowing parental notification just one month later, but the prohibition on criminal charges has endured longer.
The bill leaves intact the prohibition on criminal charges for marijuana smokers.
Credit: New Jersey Monitor
