STATE v. GOMES

DOCKET No. A-3477-20 A-0198-21 A-0581-21 A-0697-21.

277 A.3d 468 (2022)

472 N.J. Super. 515

STATE of New Jersey, Plaintiff-Appellant, v. Richard GOMES, Defendant-Respondent. State of New Jersey, Plaintiff-Respondent, v. Moataz M. Sheira, Defendant-Appellant. State of New Jersey, Plaintiff-Appellant, v. Jason Chiriboga, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Maju D. Barry, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 2022.


Attorney(s) appearing for the Case

Patrick F. Galdieri, II , Assistant Prosecutor, argued the cause for appellants in A-3477-20, A-0581-21, and A-0697-21 ( Yolanda Ciccone , Middlesex County Prosecutor, attorney; Patrick F. Galdieri, II , of counsel and on the briefs).

Alison Perrone , First Assistant Deputy Public Defender, argued the cause for appellant in A-0198-21 ( Joseph E. Krakora , Public Defender, attorney; Alison Perrone , of counsel and on the brief).

Scott A. Gorman argued the cause for respondent in A-3477-20 (Maitlin Maitlin Goodgold Brass & Bennett, attorneys; Scott A. Gorman , of counsel and on the brief).

Matthew W. Kelly , Assistant Prosecutor, argued the cause for respondent in A-0198-21 ( Robert J. Carroll , Morris County Prosecutor, attorney; Matthew W. Kelly , on the brief).

Thomas J. Chaves , attorney for respondent in A-0581-21.

Hassen Ibn Abdellah , attorney for respondent in A-0697-21 ( Noelle van Baaren , of counsel and on the brief).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey in A-3477-20 and A-0198-21 ( Tess Borden and Jeanne LoCicero , on the briefs).

Michael B. Roberts argued the cause in for amicus curiae New Jersey State Bar Association in A-3477-20 ( Domenick Carmagnola , President, of counsel; Michael B. Roberts , on the brief).

Claudia Joy Demitro , Assistant Attorney General, argued the cause for amicus curiae Attorney General in A-0198-21 ( Matthew J. Platkin , Acting Attorney General, attorney; Jeremy Feigenbaum , State Solicitor, Alec Schierenbeck , Deputy State Solicitor, and Claudia Joy Demitro , Assistant Attorney General, of counsel and on the brief).

Before Judges Haas, Mawla, and Mitterhoff.


The opinion of the court was delivered by

These back-to-back matters require us to resolve whether, pursuant to the enactment of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31 to -56, N.J.S.A. 54:47F-1, N.J.S.A. 40:48I-1, N.J.S.A. 18A:61F-1, N.J.S.A...

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