STATE v. GOMES

A-64/65 September Term 2021 087192.

288 A.3d 825 (2023)

253 N.J. 6

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

Supreme Court of New Jersey.

Decided February 14, 2023.


Attorney(s) appearing for the Case

Alison S. Perrone , Deputy Public Defender, argued the cause for appellant in State v. Sheira (A-64-21) ( Joseph E. Krakora , Public Defender, attorney; Alison S. Perrone, of counsel and on the brief).

Scott A. Gorman argued the cause for appellant in State v. Gomes (A-65-21) (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 State v. Sheira (A-64-21) ( Robert J. Carroll , Morris County Prosecutor, attorney; Matthew W. Kelly, on the briefs).

Patrick F. Galdieri, II , Assistant Prosecutor, argued the cause for respondent in State v. Gomes (A-65-21) ( Yolanda Ciccone , Middlesex County Prosecutor, attorney; Patrick F. Galdieri, II, of counsel and on the brief).

Matthew J. Platkin , Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Matthew J. Platkin, Attorney General, attorney; Jeremy M. Feigenbaum , Solicitor General, and Claudia Joy Demitro , Assistant Attorney General, of counsel and on the brief).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the brief).

Michael B. Roberts argued the cause for amicus curiae New Jersey State Bar Association (New Jersey State Bar Association, attorneys; Jeralyn L. Lawrence , President, of counsel, and Michael B. Roberts, on the brief).

CJ Griffin argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin, of counsel and on the brief, and Dillon J. McGuire , on the brief).

Akil Roper argued the cause for amicus curiae Legal Services of New Jersey (Legal Services of New Jersey, attorneys; Akil Roper, Dawn K. Miller , and Rosalyn Scriven , on the brief).


In 2021 the Legislature adopted the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), L. 2021, c. 16, a sweeping law that largely decriminalizes the simple possession of cannabis in New Jersey...

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