Alcoholic beverages. It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property, except as provided for in § 49-21A through § 49-21C below.
Cannabis and cannabis items. It shall be unlawful for any adult under the legal age who, without legal authority, knowingly possesses or knowingly consumes cannabis or a cannabis item, in any public place and on any private property in accordance with N.J.S.A. 2C:33-15 and N.J.S.A. 2C:33-16, except as provided for in § 49-21D through § 49-21G below.
Alcoholic
beverages. Any person found in violation of the provisions of this
article involving the underage purchase, possession, and/or consumption
of alcoholic beverages, shall, in accordance with the provisions of
N.J.S.A. 40:48-1, as amended, be punished by a fine not to exceed
$250 for the first offense and not to exceed $350 for any subsequent
offense.
Cannabis
and cannabis items. The violations and penalties applicable to persons
under the legal age to consume and/or possess cannabis and/or cannabis
items in a public or private place shall be the same as those set
forth in N.J.S.A 2C:33-15 and N.J.S.A. 2C:33-16.
In addition to the fine authorized for this offense,
the Court may suspend or postpone for six months the driving privilege
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, the Court shall
forward a report to the Division of Motor Vehicles stating the first
and last day of the suspension or postponement period imposed by the
Court pursuant to N.J.S.A. 40:48-1, as amended. If a person at the
time of the imposition of a sentence is less than 17 years of age,
the period of license postponement, including a suspension or postponement
of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period of six
months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence
has a valid driver's license issued by this state, the Court shall
immediately collect the license and forward it to the Division of
Motor Vehicles, along with the report. If for any reason the license
cannot be collected, the Court shall include in the report the complete
name, address, date of birth, eye color and sex of the person, as
well the first and last date of the license suspension period imposed
by the Court.
The Court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under this article is not a
New Jersey resident, the Court shall suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit it to the Division of Motor Vehicles on the
required report. The Court shall not collect the license of a nonresident
convicted under this article. Upon receipt of a report from the Court,
the Division of Motor Vehicles shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
Nothing contained in this article is intended, nor
shall it be construed, as prohibiting an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
Nothing contained in this article is intended nor
shall it be construed as prohibiting possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post-secondary educational institution; provided, however,
that this article shall not be construed to preclude the imposition
of a penalty under this article, N.J.S.A. 33:1-81 or any other section
of law against a person who is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
Nothing
contained within this article is intended nor shall it be construed
as prohibiting the possession and/or consumption of medical cannabis
in a private place by any person who is a registered qualifying patient,
qualifying patient, or patient duly registered in accordance with
and pursuant to the Jake Honing Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq., and P.L. 2015, c.
158, N.J.S.A. 18A:40-12.22 et seq.).
Nothing
contained in this article is intended nor shall it be construed as
prohibiting possession of medical cannabis by any persons who is a
designated caregiver or institutional caregiver duly registered and/or
licensed in accordance with the Jake Honing Compassionate Use Medical
Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq., and P.L.
2015, c. 158, N.J.S.A. 18A:40-12.22 et seq.).
Nothing
contained in this article is intended nor shall it be construed as
prohibiting the possession of cannabis and/or cannabis items by any
person while actually engaged in the performance of employment by
a licensed cannabis establishment, licensed cannabis distributor,
or licensed cannabis delivery service as permitted pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.). However,
nothing herein shall be construed to preclude the imposition of a
penalty under N.J.S.A. 33:1-81, or any other section of law against
a person who is convicted of unlawful cannabis activity on or at a
premises licensed for the sale of alcoholic beverages or cannabis
items.
Nothing
contained in this article is intended nor shall it be construed as
to be in conflict with the immunity provisions set forth in Section
81 of the Act (amending N.J.S.A. 40:48- 1.2a).