Matt Platkin will become the first state attorney general in more than a dozen years to argue a case before the New Jersey Supreme Court when he appears on Tuesday.
Platkin will present the state’s argument in two consolidated cases that will determine if a defendant with a “prior conditional discharge for a disorderly persons offense of marijuana possession eligible for the Pretrial Intervention program (PTI) if the prior offense was expunged.”
The state is arguing that the Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act supersedes a ban on people who complete a diversionary program not being eligible to qualify for PTI. The state maintains that the legislature intended to wipe away all prior consequences of a previous marijuana offense, including qualification for PTI.
Platkin is seeking to overturn a 2021 appellate court decision written by Appellate Court Judge Hany Mawla finding the legislature was presumed to be familiar with the PTI prohibition and did not specifically word the bill to change the policy.