Attorney General Gurbir Grewal on Wednesday instructed municipal, county and state prosecutors to either dismiss without prejudice or adjourn until Jan. 25 most simple marijuana offenses, including possession and possession with intent to distribute, possession while operating a motor vehicle and being under the influence of marijuana.

Grewal’s directive does not cover driving under the influence, which would remain a crime even when weed is legal, nor does it cover distribution.

In cases where a low-level marijuana offense was one of numerous charges filed in a case, Grewal instructed prosecutors to dismiss or delay those charges and proceed with the others.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” Grewal said in a statement. “It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

On Nov. 3, more than two-thirds of New Jersey voters cast ballots to legalize weed, a landmark moment that activists argued would prevent the disproportionate arrests of Black people for low-level marijuana crimes.

According to the American Civil Liberties Union of New Jersey, Black people are3.5 times more likely to be arrested for marijuana possession than white people, despite similar usage rates.

The ballot question amends the New Jersey State Constitution to legalize weed but is contingent upon regulations put forth by the Legislature.

The day after the election, Grewal told law enforcement departments and prosecutors that he could not issue a directive to halt marijuana arrests without a new law or until Jan. 1, when the constitutional amendment takes effect.

A bill that would set up the framework for a legal cannabis industry — and set up an additional tax structure on legal weed purchases — was held up after a series of amendments by both the Senate and Assembly.

And last week, the Senate passed a bill that would allow the possession of up to 6 ounces of marijuana without penalty, but the Assembly balked after it was amended to also downgrade possession of psychedelic mushrooms. 

Mike Davis has spent the last decade covering New Jersey local news, marijuana legalization, transportation and basically whatever else is going on at any given moment. Contact him at mdavis@gannettnj.com or @byMikeDavis on Twitter.