Conditional Discharge Law: N.J.S.A. 2C:36A-1

The definition and terms for Conditional Discharge in New Jersey are contained at N.J.S.A. 2C:36A-1. A conditional discharge is limited to a Disorderly Persons Offense involving drugs, (i.e., possession of marijuana or drug paraphernalia) in municipal court. There are exclusions that may prevent you from receiving a conditional discharge. Typically you cannot have a prior conviction for a controlled dangerous substance offense. If you have already received a prior conditional discharge you are ineligible for a conditional discharge. However the statute is not clear that a prior PTI disqualifies you from conditional discharge.

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