FROM THE DESK OF THE PRESIDENT
CHIEF LOUIS BORDI VOORHEES PD
The New Jersey Police Chief Magazine | March 2021
This month ’ s President ’ s Message was originally published March 23 rd on nj . com
Parents , police and school leaders rightfully expressed outrage at the governor and state Legislators for effectively decriminalizing the use and possession of pot for kids while putting cops at risk of being arrested for simply trying to do their job .
The original legislation , S-3454 , inexplicably bans police officers from notifying parents whose kids commit a first-time offense of marijuana or alcohol use or possession .
After significant public backlash , all indications signal Trenton will enact a “ clean-up ” bill to allow officers to notify parents when their children are caught using or possessing marijuana or alcohol .
The language in the “ clean-up ” bill , however , only corrects this one problem from the original legislation , which contains multiple flaws and unclear language forcing New Jersey police officers into risky and dangerous situations .
Under the original legislation , officers who , in good faith and utilizing common sense , investigate the underage use or possession of marijuana or alcohol can be held criminally liable if mistaken in their well-intentioned search .
The potential of serious criminal deprivation of civil rights charges will inevitably deter officers from intervening in underage drug use and possession situations . Should we ask an officer to risk their livelihood just for doing their job ?
Instead of deterring police from searching for underage marijuana or alcohol use , standards should be set to hold officers liable if they act to intimidate or discriminate in a search based on race , ethnicity , religion , gender or sexual orientation .
The potential of criminal liability for officers leaves them virtually powerless to investigate and address underage marijuana and alcohol abuse in New Jersey ’ s schools and parks , as well as beaches , which will soon become hotspots for underage smoking and drinking in the summer .
The inability of the police to investigate will , in turn , continue to prevent parents from being notified about their children ’ s drug and alcohol use . How will parents find out if police cannot address the situation in the first place ?
Language in the original legislation also prevents officers from having any interactions with minors for “ longer than necessary .” What constitutes “ longer than necessary ?” How does one officer ’ s definition of “ longer than necessary ” differ from another officer ’ s definition ? Vague language like this discourages officers from intervening to avoid any potential discipline and criminal liability and creates inconsistencies from officer to officer for best practices .
Public health and safety dangers , including increases in intoxicated drivers and the exacerbation of the marijuana black market , may follow when kids learn their marijuana and alcohol use will largely go unchecked by police .
When about two-thirds of the state voted to approve legal cannabis use , they did so based on the November ballot question , which stated , “ only persons at least 21 years of age could use cannabis products legally .” Voters did not agree to decriminalize marijuana and alcohol for children .
The legislation prevents police officers from performing their everyday duties and turns our children into collateral damage through this ill-conceived compromise .
By fixing the issue of parental notification by police in the “ clean-up ” bill , state legislators are addressing the tip of the iceberg and ignoring the inherent problems with the original legislation to legalize marijuana .
We , as parents and community members , must come together to point out the legislative flaws and challenge the governor and state legislators for change before it ’ s too late .
Chief Louis Bordi NJSACOP President
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