NJ recently made Magic mushroom use or possession now only a disorderly offense, was previously a 3rd degree crime.
This missed the newspapers articles on legal weed
New 2C :35-10 . Possession
P.L. 2021, CHAPTER 9, approved February 4, 2021
Senate, No. 3256
An Act concerning psilocybin and amending N.J.S.2C:35-10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:35-10 is amended to read as follows:
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:……
…… or
(5) Possession of one ounce or less of psilocybin is a disorderly persons offense.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
(cf: P.L.1997, c.181, s.6)
2. This act shall take effect immediately.
STATEMENT
Currently, pursuant to paragraph (1) of subsection a. of N.J.S.2C:35-10, possession of any amount of psilocybin, a Schedule I controlled dangerous substance, is a crime of the third degree. This bill would reclassify possession of psilocybin as a disorderly persons offense, punishable by up to up to six months imprisonment, a fine of up to $1,000, or both.
Reclassifies possession of psilocybin as disorderly persons offense.
