2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, March 17, 2021

 

E611 News
1.  NJ  legalizes weed
2. Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges 
3.   How Springsteen beat the DWI and reckless
4.   Login for Free March Wills seminars online Zoom 2021
5 Annual Review of the Major Municipal Court Cases and new laws affecting Law Enforcement 2020-2021  

1.  NJ  legalizes weed
  Gov. Murphy on February 22 signed into law three bills that decriminalize and legalize marijuana for "adult use," a term that generally refers to any use of the drug without a medical marijuana card. 
source  https://www.app.com/story/news/local/new-jersey/marijuana/2021/02/22/nj-weed-legal-gov-phil-murphy-law-marijuana-sales-2021/4544939001/
 
Can I smoke weed now? 
          Under bill A1987, the use or possession of up to 6 ounces of marijuana is decriminalized and comes without any penalties. There are also restrictions on how police officers can stop and search anyone who may be using or consuming marijuana. 
          Yet there remains a gray area.
           You still cannot legally purchase marijuana in New Jersey without a medical marijuana card, and it'll likely be at least months before any recreational marijuana sales begin.
When will I be able to purchase legal recreational weed? 
         Dispensaries that sell exclusively to recreational customers won't be legal until after the state's Cannabis Regulatory Commission is formally established, meets and sets specific guidelines for the cannabis industry — such as hours and security requirements for such sellers.
        Only then will the CRC begin accepting applications for recreational dispensaries and other cannabis businesses. 
So you're unlikely to be able to walk into a recreational marijuana dispensary in New Jersey for at least a year. 
However, much depends on the future of medical marijuana in New Jersey. 
Right now, there are over 100,000 patients in the New Jersey Medical Marijuana Program, but just 13 dispensaries from 10 operators to serve them.
         There's a hope that the supply will soon grow after a recent appellate decision lifting a court order preventing the Department of Health from issuing licenses to new medical marijuana cultivation centers and dispensaries. 
[Some people will take the train to Boston where it is legal and bring back to NJ. Just don’t get caught in NY, CT or RI on the train, and don’t have more than 6 ounces.]
 
Can I grow marijuana at home? 
             No. The bills Murphy signed do not include any provisions allowing people to grow marijuana at home. 
                New Jersey is the only state with legal weed that doesn't allow at least its medical marijuana patients to grow, and joins Washington as the only states without some recreational home grow.
  
        Over 67% of voters backed a marijuana ballot question in November. But that ballot question's specific constitutional amendment was contingent on two things: passage of the ballot question and regulations put forth by the state.
            Those regulations were signed into law February 22, putting the ballot question and constitutional amendment into effect.  

      Lawmakers finally ended a six-week stalemate over how the state will penalize underage marijuana users, sending Murphy a “clean-up” bill designed to complement the pair already passed by the Legislature in December.
     The draft bills left open a major contradiction, with one stating that possessing marijuana under 21 years old was illegal while the other stated that no person — without age restriction — could face penalty for possession of up to 6 ounces of marijuana.
        The resulting compromise, which passed the Legislature on February 22   put into place a three-tiered warning system for both underage marijuana and alcohol use.
       Both will be treated as virtually the same crime, with the most serious penalty capped at a simple referral to community service groups to teach the offender about substance abuse.
All civil penalties and fines, even from underage drinking citations, were removed. Source Asbury Park Press

2 Attorney General Directive Governing Dismissals of Certain Pending Marijuana Charges 
On February 22, 2021, the Governor signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act and the marijuana decriminalization laws.  
  Under the New Jersey Constitution and the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117,  all prosecutors operating under the authority of the laws of the State of New Jersey are to dismiss pending marijuana-related charges in accordance with the guidance below. 
          Dismissals 
A. Cases for dismissal. Effective immediately, prosecutors shall seek dismissals of any pending charges listed in the following chart in any cases where a juvenile or adult’s conduct occurred on or before February 22, 2021. Dismissals can be requested on an ad hoc basis as the cases are scheduled for a municipal or superior court proceeding. In cases involving multiple charges, only the charges listed in the chart are to be dismissed pursuant to this Directive; all other charges and pending matters should remain. 
2C:35-5(b)(12) 2C:35-10(a)(3) 2C:35-10(a)(4) 2C:35-10(b) 
2C:35-10(c) 2C:36-2 
2C:36A-1 39:4-49.1 
Description of Statute 
Distribution of marijuana or hashish 
Possession of marijuana or hashish 
Possession of marijuana or hashish 
Under the influence – only when the individual was under the influence of marijuana or hashish 
Failure to properly dispose CDS – only when the individual fails to dispose of marijuana or hashish 
Possession of drug paraphernalia when the paraphernalia was used, or was possessed with intent to be used, to ingest, inhale or otherwise introduce marijuana or hashish into the body 
Any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to this section 
Possession of CDS in a vehicle – but only when the individual is in possession of marijuana or hashish in the vehicle 
         B. Cases already resolved. For those cases already resolved, pursuant to the new decriminalization laws, the Administrative Office of the Courts will vacate by operation of law any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on a matter where the conduct occurred prior to February 22, 2021. 
         Also vacated will be any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment of any person who is or will be serving a sentence of incarceration, probation, parole or other form of community supervision as of February 22, 2021 as a result of the person’s conviction or adjudication of delinquency solely for the above listed charges. 
 Effective date. This Directive shall take effect February 22, 2021 
ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2021-1 
3   Springsteen should never have been charged with DWI, he had an attorney who fights to win.
  The breath machine reading here was only a .02- similar to drinking half a can of Bud Light. 
            In the case of United States of America vs. Bruce Springsteen, the singer was formally charged by an overzealous ranger with operating a vehicle while under the influence of alcohol [DWI] , reckless driving, and consuming alcohol in a closed area. 
       Adam Baker, Assistant U.S. Attorney for the government, admitted that pertaining to the DWI and reckless driving charges, the government “cannot sustain its burden of proof.” [no surprise]
      The DWI should never have been filed since there was no complete proof of a violation of the DWI law 39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle the person owns or which is in the person's custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood 
Springsteen also should not have been charged by the Ranger with    Reckless driving, since the statute reads: “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”
      There was no evidence of driving a  vehicle heedlessly, in willful or wanton disregard. 
       US  Magistrate Judge Montone overseeing the case noted, up until three summers ago, alcohol consumption was allowable at the Sandy Hook, New Jersey, park.
     Springsteen agreed to plead guilty to simple consuming alcohol in a closed area — during the hearing, Springsteen admitted to having “two small shots of tequila that was offered by fans he met in the park” — at the Gateway National Recreation Area.
         More at https://www.rollingstone.com/music/music-news/bruce-springsteen-arrest-1127186/

4. Login for Free March Wills seminars online Zoom 2021
     March 1, 2021 Piscataway Library Wills & Power of Attorney Seminar at 6pm free Zoom program open to the public Link for free registration: https://docs.google.com/forms/d/e/1FAIpQLScqUaEv63xNrVHFbmGHjkEoIuklLGkYqBwr0U384LzryU3e6Q/viewform

      March 2, 2021  East Brunswick Library Wills, Probate & Estate Planning 2021 update  at 7PM  
https://www.ebpl.org/main/polCalendarEvent.cfm?Event_Date={d%20%272021-03-02%27}&Calendar_Code=&Event_Id=96692


     March 9 Woodbridge Library Estate Planning seminar7pm
http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11154&backTo=Calendar&startDate=2021/03/01
More info https://www.facebook.com/events/271486024411893

    March 15, 2021 Sayreville Public Library Will & Power of Attorney Seminar via Zoom at 6pm Registration at sayrevillelibrary.org
http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=426879&PK=

March 3, 2021  at 12 noon 
 Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879
  This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute presentation will be shown live on Facebook live.
  The presentation on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.
       For information or membership in Local 9, contact President JohnLeo Fedorka <jlaf57@gmail.com> Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth law enforcement. Any interested active and retired law enforcement and fire can attend the update on Municipal Court.  Please share.
    Retired Police & Fire Middlesex & Monmouth welcome all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.
        Speaker: KENNETH VERCAMMEN, Esq. of Edison
                  Contributing writer for the NJ Police Chief Magazine
Editor: NJ Municipal Court Law Review, Retired    
 Past President Middlesex Municipal Court Prosecutors Assoc
       New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org
   About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA.  The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members, develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions.
To listen on Facebook Live
https://www.facebook.com/events/1382312715448127

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Saturday, February 20, 2021

STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE) (A-4207-19T4)

 STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE) (A-4207-19T4)

In this case of first impression addressing the proliferation of forensic evidentiary technology in criminal prosecutions, this appeal required the court to determine whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging, at a Frye hearing, the reliability of science underlying novel DNA analysis software and expert testimony. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). At the hearing, the State produced an expert who relied on his company's complex probabilistic genotyping software program to testify that defendant's DNA was present, thereby connecting defendant to a murder and other crimes. So long as the State utilized the expert, this court held that defendant is entitled to the discovery of the software's proprietary source code and related documentation under a protective order.

Wednesday, January 20, 2021

E604 NJLaws Newsletter

 

Joe Biden & Ken Vercammen












E604
1. President Elect Biden and Ken Vercammen in Edison
2. November is Elks Veterans Remembrance Month
3. NJ Judiciary’s Online Dispute Resolution (ODR) to let traffic ticket cases be handled online 
4 Happy Veteran’s Day  
5. November 16 Woodbridge Library Wills, Estate Planning & Probate Seminar
6. Charity Running events 


1. President Elect Biden and Ken Vercammen in Edison on 10/12/17. President Elect e Biden was born in Scranton PA. Ken V first met then Senator Biden in 1981 at the University of Scranton. Best wishes to the new administration.

2. November is Elks Veterans Remembrance Month
  An estimated twenty million Veterans are living in our communities. Each with a different story, they all shared a common pledge: to support and defend this country.

     The Elks have a pledge. “So long as there are Veterans, the Benevolent and Protective Order of Elks will never forget them.” And that’s as true today as it was more than 100 years ago, in 1918 when the Elks built a 700 bed hospital in Boston and donated it to the government, helping to create a precursor for today’s VA Medical Centers.

     This November, as well as every month of the year, Elks will serve thousands of Veterans across the country. When Veterans are hospitalized and recovering, Elks are there. When Veterans are living in a home away from family, Elks are there. When Veterans are exiting homelessness and moving into a home, Elks are there. Because Elks are always there for Veterans. Altogether, our volunteers served more than 1 million Veterans last year, in ways big and small.

      This Veterans Remembrance Month, we urge you to join the Elks in recognition of and service to the Veterans in your community. Let us remember the words of Elk member and President John F. Kennedy who said, “As we express our gratitude, we must never forget that the highest appreciation is not to utter words but to live by them.”
     I have enjoyed my Community Elks membership in the Edison Elks for 28 years. Email Ken V if you are interested in information on the Elks.
Sat Nov 14 Come out and enjoy a brisk fall day at the Edison Elks! Could be the last one before cold weather gets here, so come enjoy your time with friends! Outdoor band, pay for food and beverage
https://www.facebook.com/bpoelodge2487Edison/
      There are nearly 1,800 Elks Lodges across the country with a total membership of around 800,000. Elks members must be American citizens who are at least 21 years of age and must believe in God. To learn more and to join us in service, visit www.elks.org

3. NJ Judiciary’s Online Dispute Resolution (ODR) to let traffic ticket cases be handled online 
Municipal Court Changes Allow for Case Resolution Without In-Person Appearance in minor traffic matters, parking tickets etc.
       The Judiciary’s Online Dispute Resolution (ODR) program, which started in mid-May in approximately 30 municipal courts, allows court users to dispute a charge and provide information or evidence to municipal prosecutors online. This is helpful in smaller cases no cost effective to hire an attorney
       The ODR program applies to 37 traffic offenses, such as speeding, red light, stop sign or failure to yield and other violations.
       Defendants in some towns can make their requests for review to the municipal prosecutor through NJMC Direct.  
   Plea-by-mail does not apply to serious offenses, including those resulting in the likelihood of a driver’s license suspension, jail time or community service. 

4 Happy Veteran’s Day  

         While in college I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army serving in the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy.
         Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on a trooper carrier crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy. 
         While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had hot nurses, the ones in Korea were not attractive. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists. 
   I posted a few photos my sister and I had on my facebook page
https://www.facebook.com/kenneth.vercammen

         My father in law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy. He is 94 years old and wears his Air Force hat every day.

5. November 16 Woodbridge Library 
Wills, Estate Planning & Probate Seminar Last program of the year
November 16, 2020
at 7pm Monday Virtual program Now on Zoom!
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND MAKE PLANNING EASY Free program open to the public, you do not need to be a Township resident to attend. 
   SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
Main Topics:
1. Dangers if no valid Will
2. The 2020 changes in Federal Estate and Gift Tax 
3. Power of Attorneys recommendations 
4. Living Will & Advance Directive 
5. Administering the Estate/ Probate/Surrogate
6. Avoiding unnecessary expenses and saving your family money

For questions about registration to this program please email wplref@woodbridgelibrary.org
732-634-4450

Registration is here 


6. Charity Running events 
 
11/15 Tom O'Reilly 'Inaugural' Turkey Trot 5k, Presented by Raritan Valley Road 9am
https://runsignup.com/Race/NJ/Somerset/TomOReillyTurkeyTrot5K

11/27  Born to Run 5 mile Freehold 11am Friday after Thanksgiving great Freehold FARC event.  
1128 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
11/29   Navesink Challenge 10k & 5k  10am 10:10 [Ken V runs 5k]

Jan 9, 2021 Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am  Start Location: Secret Mystery wooded area North Brunswick to be emailed to pre-registered. Only $20.00 via https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun

     Thanks for doing business with us.
Clients, friends, attorneys please write a good review on Google 
 
You can also email comments and we can help post for you.
Recommend us on Facebook 
-Write a good review on Avvo https://www.avvo.com/review-your-lawyer  
        Attorneys who we have helped can also forward positive comments to us for our online reviews.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500   
website: www.njlaws.com


[Company Name] | [Website] | [PHONE]

E605 NJLaws Newsletter


E605 NJLaws Newsletter

1. Lexi dog plus the Singing Yellow Lab puppies Caroling Canines!

2  Holiday Gift Idea! .....Buy Gift Certificates for Wills or Power of Attorney

3. Attorney General directed all prosecutors to adjourn or dismiss pot charges

4.  Facebook Live Will seminars recorded online and available to be watched




1 Lexi dog and Shannon’s dog Daisy wish you Happy Holiday and Merry Christmas

See also Singing Yellow Lab puppies like Lexi dog

Caroling Canines! Click link, then click the red arrow


https://www.americangreetings.com/detail/ecards/christmas/caroling-canines-ecard/pn/prod3113541

2. Holiday Gift Idea! .....Buy Gift Certificates for Wills or Power of Attorney

 

   During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

 

The Law Office of Kenneth Vercammen's Holiday special includes:

*A Basic Will without Trust

* Follow up legal advice

*A 2-year subscription to the NJ Laws Email News

- All for only $350.00! -

Call 732-572-0500 for the Gift Certificate

Details on Wills:

http://www.njlaws.com/wills.htm

 

Power of Attorney:

http://www.njlaws.com/power_of_attorney.htm

 

3. Attorney General Grewal directed all prosecutors to adjourn, until at least January 25, 2021, any case involving marijuana possession-related offenses, or dismiss.

Guidance for Marijuana Possession-Related Cases Pending in Municipal and Superior Courts 

        As we await guidance from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated cannabis the Attorney General issued a new directive concerning marijuana possession-related cases currently pending in Municipal and Superior Courts. This memorandum supplements prior guidance issued by this office concerning the prosecution of low-level marijuana cases.

       All New Jersey municipal, county, and state prosecutors are instructed to seek an adjournment, until at least January 25, 2021, of any juvenile or adult case involving any of the following charges, alone or in combination with each other, where there are no other pending charges: 

·       possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(3); 

·       possession of marijuana or hashish in violation of N.J.S. 2C:35-10(a)(4); 

·       being under the influence of marijuana or hashish in violation of N.J.S. 2C:35-10(c); 

·       failure to make lawful disposition of marijuana or hashish in violation of N.J.S. 

2C:35-10(d); 

·       use or possession with intent to use drug paraphernalia under N.J.S. 2C:36-2 

involving only marijuana or hashish; 

·       possession of a controlled dangerous substance while operating a motor vehicle in 

violation of N.J.S. 39:4-49.1 involving only marijuana or hashish; and 

• any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S. 2C:36A-1 involving only marijuana or hashish. 

In cases where there are other pending charges in addition to the marijuana possession- related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges. 

The Attorney General wrote:

Please note that this shall not be construed in any way to create any substantive right that may be enforced by any third party, nor does it affect the prosecution of distribution of marijuana or possession with the intent to distribute marijuana in violation of N.J.S. 2C:35-5. 

Fairness and justice require that we, as prosecutors, not move forward with charges that the Legislature may foreclose in the near future. We will provide more comprehensive guidance, including direction on handling of previously adjudicated matters, when the Legislature provides details of the framework for marijuana decriminalization and the legalization of adult-use cannabis.   

https://www.nj.gov/oag/newsreleases20/Marijuana-Guidance-Memo-Adjournments.pdf


4. Facebook Live Will seminars recorded online and available to be viewed

https://www.facebook.com/kenneth.vercammen/videos/10158406093740485/?notif_id=1605571722937723&notif_t=feedback_reaction_generic


Woodbridge Library - NJ Estate & Wills Program from Nov 16

 The presentation is here

https://www.youtube.com/watch?v=fk8_CU3Ry6g. 

 Thanks for doing business with our office.

Clients, friends, attorneys please write a good review on Google 

https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1

 

You can also email comments and we can help post for you.

Recommend us on Facebook 

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- Write a good review on Yelp  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

-Write a good review on Avvo https://www.avvo.com/review-your-lawyer  

        Attorneys who we have helped can also forward positive comments to us for our online reviews.


KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

732-572-0500   

website: www.njlaws.com




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E606 NJLaws Newsletter

 

E606
1.   Ken Vercammen, family & dog wish you Happy Holidays 
2.   Will Seminar Jan 13, 2021 via Facebook Live, watch at home live online
3. NJ Marijuana bill passes Senate
 Ken Vercammen, family & dog wish you Happy Holidays 

During this Holiday & Christmas season I’d like to express my appreciation to our clients, friends and family for the friendship and memories shared over the past 35 years.  Thanks for doing business with our office.
Vercammen Family annual update for 2020- My daughter Shannon received her MBA in January and has recently become engaged to Zach. My son, Dr. Brendan loves his life as a Dentist in Myrtle Beach. Lexi our dog greets many clients in the office 3 days a week. My wife Cynthia enjoys part time retirement and now handles the law office finances. My Dad Al spends time with the many friends both he and Carol made in his South Knolls Jackson community, and we are all thankful for the support and love they have shown.

2. Will Seminar Jan 13 via Facebook Live, watch at home live online
   As our clients and friends mature, we do more Estate Planning & Probate, Estate Administration. Many individuals have not taken the time to have a Will or Power of Attorney prepared.  Please accept an invitation to you and your guests to join us at the "2021 Update -Wills and Estate Planning” Seminar on January 13, 2021 from 12:15-1:00 pm and 5:00-5:45 pm. We will discuss the current changes in Wills and Estate Law. Please email the office if you plan on attending the seminar or if you would like us to email the updated materials. 
 January 13, 2021 at 12:15-1:00 PM and again 5pm sharp   Free
Law Office of Kenneth Vercammen, 
2053 Woodbridge Ave, Edison, NJ 08817  
    Program can be watched on your computer or IPhone via Facebook live
New Main Topics:
1.   Handling Probate during Covid and while Government offices closed
2.   Dangers If You Have No Will or documents invalid
3.   Getting your Estate Planning Documents done when you can’t go into a law office
4.   What goes into a Will
5.   Power of Attorneys recommendations
6.   Living Will & Advance Directive for Medical Care
7.   Administering the Estate/Probate /Surrogate
8.   Avoiding unnecessary expenses and saving your family money
We now also prepare Wills online without clients having to come to the office!

3. NJ Marijuana bill passes Senate
      
      Decriminalization of Marijuana and Hashish, Regrading Certain Offenses, and Criminal Justice Relief
Under the bill, unlawful possession would be any amount of marijuana over six ounces, and for hashish, over 17 grams, punishable as a crime of the fourth degree (with the same penalties as the current law). Possession of up to six ounces of marijuana, or up to 17 grams of hashish would be completely decriminalized and have no associated criminal or civil penalties.
    Regarding the above described small amount unlawful distribution and unlawful possession with associated criminal penalties, the odor of marijuana or hashish, or burnt marijuana or hashish, would not constitute reasonable articulable suspicion to initiate a search of a person to determine a violation of law. Additionally, a person would not be subject to arrest, being detained, or otherwise being taken into custody unless the person had committed another violation of the law. Also, a person who committed such a violation could not be deprived of any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law solely by reason of committing that act, nor would committing one or more such acts modify any legal or civil right, privilege, benefit, or opportunity provided pursuant to any law.
     
    Using or being under the influence of marijuana or hashish, or failing to voluntarily deliver such to a law enforcement officer, both currently disorderly persons offenses (up to six months imprisonment; up to $1,000 fine; or both), would no longer be illegal acts, and thus there would be no legal consequences flowing from using, being under the influence of, or failing to deliver to law enforcement, marijuana or hashish. Using or possessing with intent to use drug paraphernalia to ingest, inhale, or otherwise introduce marijuana or hashish into the human body would also no longer be considered an illegal act; under current law, it is graded as a disorderly persons offense. 
    Notwithstanding that using or being under the influence of marijuana or hashish, or using or possessing drug paraphernalia to use with marijuana or hashish, would no longer be illegal acts, the smoking, vaping, or aerosolizing of marijuana or hashish, and the use of drug paraphernalia to ingest or otherwise introduce these substances into the human body, could be prohibited or otherwise regulated on or in any property by the person or entity that owns or controls that property, including multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the units of a condominium, as those terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), or a site in a mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102), which site is leased to the owner of a manufactured home, as defined in that section, that is installed thereon.
    As to individuals facing existing consequences associated with their past distribution, possession, or drug paraphernalia offenses involving marijuana or hashish, the bill provides multiple opportunities for criminal justice relief.            
    No prosecutor shall pursue any charge, including a charge of delinquency, pending with a court on the first day of the fifth month next following enactment of the bill, which takes effect immediately, and for which the delay provides time for Statewide administrative preparation, based on any of the following crimes or offenses:
      (1) unlawful distribution of less than one ounce of marijuana, or less than five grams of hashish, in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5;
     (2) obtaining or possessing more than 50 grams of marijuana in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10, or obtaining or possessing 50 grams or less in violation of paragraph (4) of that subsection, or using, being under the influence of, or failing to voluntarily deliver to a law enforcement officer, any amount of marijuana or hashish in violation of subsection b. or subsection c. of N.J.S.2C:35-10; 
    (3) a violation involving any of the aforementioned offenses and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2;
    (4) a violation involving any of the aforementioned offenses and possession of that marijuana or hashish while operating a motor vehicle in violation of section 1 of P.L.1964, c.289 (C.39:4-49.1); and
    (5) any disorderly persons offense or petty disorderly persons offense involving a controlled dangerous substance (which only applies to small amount marijuana or hashish offenses) or drug paraphernalia that is subject to conditional discharge pursuant to N.J.S.2C:36A-1.
    The non-prosecutable charges and cases for the above violations would be expeditiously dismissed, which could be accomplished by appropriate action by the prosecutor based upon guidelines issued by the Attorney General, or the court’s own motion based upon administrative directives issued by the Administrative Director of the Court.
      
      De-scheduling Marijuana as a Schedule I Controlled Dangerous Substance
     On and after the effective date of the bill, marijuana would no longer be included as a Schedule I controlled dangerous substance, which are substances considered to have a high potential for abuse and no accepted medical use, as described in the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c.226 (C.24:21-1 et al.). The bill also expressly states that marijuana may not be designated or rescheduled and included in any other schedule by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to the director’s designation and rescheduling authority set forth in section 3 of P.L.1970, c.226 (C.24:21-3).

   Great outline in Asbury Park Press: NJ marijuana legalization is coming soon: What's in, what's out of landmark legal weed bills?
    New Jersey is finally in the home stretch to legalize marijuana.
The Legislature this week approved two bills that serve to both decriminalize and legalize weed. The measures stop arrests for most low-level marijuana offenses and set up the general system in which New Jersey's legal cannabis industry will operate. 

      If Gov. Phil Murphy signs the bills into law, they'll take effect on Jan. 1 — a monumental day in state history, as New Jersey becomes the 13th state to officially legalize marijuana for adult use. 
      But through weeks of negotiations, the legal weed bills have been amended countless times in ways that have made major changes, additions or subtractions.
 
Decriminalization
Under this bill, anyone in New Jersey would be allowed tocarry up to 6 ounces of marijuana on their person,by far the highest legal threshold of the 15 states with legal weed. And they won’t face any penalty, even a written warning.
The bill also requires the state to put an automatic expungement process into place, essentially removing certain marijuana crimes — effectively anything set to become legal — from a person's criminal record without requiring them to file for expungement. And it would require courts to dismiss any pending marijuana case along those same lines.

Those with guilty pleas would have their pleas and cases dismissed, and courts would also provide post-conviction relief for those with a conviction of something now deemed legal. 
It also removes marijuana use or possession as a parole or probation violation, and judges wouldn't be allowed to prohibit marijuana use as a condition of supervised release.
 
The bill also removes the smell of marijuana — burnt or otherwise — as "reasonable suspicion" for police officers to conduct a search of a vehicle.

Home grow still not permitted
      Even though you will ne able to possess, buy and sell legal weed, you still can't grow cannabis at home. 
 
Old-school drug testing
     This became one of the last sticking points in negotiations over legal weed bills.
       Under the bills, an employer can maintain their right to keeping a drug-free workplace. They can require an employee take a drug screen as a condition of employment. And with the right cause, employers can require a drug test — such as concern over an employee being under the influence on the job. 
        But that drug test must also come with a physical examination to determine if the person is actually under the influence at the time, since tetrahydrocannabinol, the psychoactive component of marijuana, can remain in the body for weeks, long after a person was actually high.
Legislators hope this language will allow employers to set the conditions for their workplace without allowing them to dictate what an employee can do in their free time. No laws exist barring workers from getting drunk on a Friday night, as long as they're sober by Monday morning, for example. 
There remains some fluidity over businesses overseen or contracted by the federal government. Federal law doesn't allow CDL drivers to consume marijuana at all, for example, so even New Jersey businesses must adhere to those laws.
     And if a federal contract is threatened due to the state's drug policies, the business can revert back to federal policies — namely, firing an employee for using marijuana. source https://www.app.com/story/news/local/new-jersey/marijuana/2020/12/18/new-jersey-marijuana-legalization-legal-weed-vote-results-phil-murphy/3936158001/
More details from the Bill
  
    Any guilty verdict, plea, placement in a diversionary program, or other entry of guilt on any matter involving the aforementioned marijuana and hashish crimes and offenses that was entered prior to the effective date of the bill, but the judgment of conviction or final disposition on the matter was not entered prior to that date, would be vacated by operation of law. The vacating of all such matters would occur on the same delayed date applicable to ceasing to pursue and dismiss pending charges to permit Statewide administrative preparation to execute these provisions of the bill. The Administrative Director of the Courts, in consultation with the Attorney General would be expressly authorized to take anticipatory administrative action necessary to vacate the guilty verdicts, pleas, placements in a diversionary program, or other entry of guilt.

It provides for criminal justice reforms with respect to several offenses associated with manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, smaller amounts of marijuana or hashish (hereafter shortened to just distributing, which includes possessing or having under control), as well as possession of smaller amounts of marijuana or hashish, through such means as decriminalizing such offenses, requiring dismissal of pending charges, vacating current entries of guilt or placement in diversionary programs, and vacating current convictions for such offenses, as well as expunging past charges, arrests, and convictions for such offenses and providing for administrative action to expunge records associated with any such matters.
     Mere possession of a cannabis item (in addition to consuming such item) on elementary or secondary school property by a person of legal age to purchase such item would be a disorderly persons offense, as is the case currently with respect to the unauthorized possession of alcohol on such property (punishable by imprisonment for up to six months, a fine of up to $1,000, or both).  
     Regarding the possession or consumption of a cannabis item by a person under the legal age to purchase cannabis, the bill expands the current laws addressing underage possession or consumption of alcoholic beverages to include cannabis items, however consistent with P.L.2019, c.363 (C.52:17B-171.14 et al.), which broadly eliminated the imposition of fines against juvenile delinquents, and P.L.2020, c.50, which accelerated the implementation of this new policy, a fine associated with a violation would not apply to a delinquent offender (under 18 years of age):
     (1) for possession in a public place, of an amount that may be lawfully possessed by a person of legal age to purchase cannabis items, the offense would be a petty disorderly persons offense, subject to a fine of not less than $250; for possession in a public place, of an amount that exceeds what may be lawfully possessed, or who knowingly consumes any cannabis item in such place, the offense is a disorderly persons offense subject to a fine of not less than $500; and
     (2) for possession on private property, of an amount that may be lawfully possessed by a person of legal age to purchase cannabis items, a first offense would be a civil penalty of $100, and a second offense would be a civil penalty of $200; a third or subsequent offense would be a municipal fine of $350, which is the same as a subsequent offense for possession of an alcoholic beverage on private property; for possession on private property, of an amount of cannabis items that exceeds what may be lawfully possessed, or consumption of any cannabis item on private property, a first offense would be a municipal fine of $250, and a second or subsequent offense would be a municipal fine of $350 (the same penalties as applicable to possession or consumption of an alcoholic beverage).           
     It would also be unlawful, generally punishable as a $50 civil penalty, for an underage person to present a false identification in order to obtain cannabis items available for lawful consumption; this would differ than using a false identification with respect to alcoholic beverages, which is expressly noted in State law as not constituting an offense and therefore carries with it no statutory punishment.
     Finally, similar to the statutory law’s treatment of the possession of an “open container” of alcohol, or consumption of alcohol, while operating a motor vehicle, the bill would amend relevant laws in Title 39 of the Revised Statutes to make it a motor vehicle offense for the motor vehicle operator to possess an “open container” or “open package” of a cannabis item. A first offense would be subject to a fine of $200, and a subsequent offense would be subject to a fine of $250 or alternatively imposition of a period of community service, the same penalties applied to violations involving an alcoholic beverage. Passengers in motor vehicles would be permitted to possess and consume cannabis items, other than such items intended for smoking, vaping, or aerosolizing.
      Law Enforcement Drug Recognition Experts
     The bill would also codify and expand elements of the existing law enforcement certification process for police officers and others to become a Drug Recognition Expert in order to detect, identify, and apprehend drug-impaired motor vehicle operators. The new standards and course curricula would be offered by schools approved by the Police Training Commission, and the training commission would consult with the Cannabis Regulatory Commission with respect to aspects of the course curricula that focus on impairment from the use of cannabis items or marijuana. Any police officer certified and recognized by the Police Training Commission as a Drug Recognition Expert prior to the effective date of the bill would continue to be recognized as certified until that certification has expired or was no longer considered valid as determined by that commission, or the certification was replaced with a new certification in accordance with the new standards and course curricula for certification set forth in the bill.

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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500   
website: www.njlaws.com