NJ Considers Reinstating Public Underage Drinking Penalties

Man drinking a cold beer after work in the evening. Hand holding a aluminum can.

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New Jersey lawmakers are considering the reinstatement of penalties for underage public drinking, only two years after its decriminalization. The move is seen as a response to what members of the General Assembly have described as rampant flouting of the law by juveniles.

A proposal has been passed by a state Senate committee that would impose a $50 fine on anyone under 21 found possessing alcohol in public within the state. For cases involving individuals under the age of 18, parents would be notified. However, no penalties would be imposed for marijuana possession.

The decriminalization of underage public drinking was part of a series of laws signed by Governor Murphy in 2021, which also included the legalization and decriminalization of marijuana. These laws mandated that police could only issue written warnings to individuals under 21 found with alcohol or marijuana but could not notify their parents. Possession of alcohol by individuals under 21 is not prohibited in private locations in New Jersey.

However, with the new proposal, the legal landscape is poised to change. If approved, it would introduce a shift from the current regulations, reintroducing penalties for public underage drinking while maintaining the decriminalization of marijuana.

This move has been met with mixed reactions. Supporters argue that it would help curb underage drinking, while critics contend that it may lead to increased criminalization of youth.


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