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Bill

MI

Bill

A 299

Establishes increased penalties for smoking cannabis or marijuana on public beaches.

2026-2027 Regular Session Introduced by Mike Inganamort and 2 co-sponsors

Raises fines for smoking cannabis on public beaches to deter violations: first offense at least $500, then $1,000, then $1,500, with proceeds split between the state and the munici

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 299

Bill Overview

  • Bill: A 299
  • Session: 222
  • Jurisdiction: New Jersey
  • Title: Establishes increased penalties for smoking cannabis or marijuana on public beaches
  • Introduced: January 13, 2026
  • Current Status: Referred to Assembly Judiciary Committee
  • Primary aim: Increase fines for smoking cannabis/marijuana on public beaches to better deter the activity, in light of cannabis legalization and marijuana decriminalization.

Main Purpose and Intent

  • To strengthen enforcement of the New Jersey Smoke Free Air Act specifically for public beaches by raising penalties for cannabis/marijuana use in these areas.
  • Responds to enforcement challenges on beaches due to legalization/decriminalization trends, aiming to deter cannabis-related smoking on public beach properties.

Key Provisions and Changes

  • Maintains existing penalties for smoking cigarettes on public beaches as currently codified.
  • For cannabis/marijuana smoking on public beaches, the bill increases fines:
    • First offense: not less than $500 (up from $250)
    • Second offense: not less than $1,000 (up from $500)
    • Third and subsequent offenses: not less than $1,500 (up from $1,000)
  • The bill preserves the overall enforcement framework of the New Jersey Smoke Free Act, including:
    • Who may issue penalties (beach/park authorities, Department of Health or local health boards, and courts as applicable)
    • Procedures for enforcement (summary proceedings under the Penalty Enforcement Law of 1999)
    • No private right of action for violations (civil penalties remain the exclusive remedy)
    • Allocation of collected penalties: 50% to the State Treasury for smoking cessation programs (administered by the Department of Health) and 50% to the municipality where the violation occurred, when penalties are collected in the name of the Commissioner of Health or local health board
  • Imposes the increased penalties specifically when the violation occurs at a public beach or park (in line with existing structure for enforcement in public places).

Who and What Is Affected

  • Facilities and enforcement authorities:
    • Indoor public places and workplaces regulated under existing law remain governed by current provisions.
    • Public beaches and parks fall under the enhanced penalties when cannabis/marijuana smoking violations occur.
  • Individuals:
    • Any person smoking cannabis or marijuana at a public beach or park.
  • Local governments:
    • Municipalities where violations occur receive half of the collected penalties; the State Treasury receives the other half for the health department’s smoking cessation programs.
  • State Health Department:
    • Continues to enforce and collect penalties where applicable, with proceeds split as described.

Procedural and Timeline Aspects

  • Effective Date: Immediate upon enactment.
  • Penalty enforcement: Continues to follow the Penalty Enforcement Law of 1999; proceedings are summarized and handled as civil matters.
  • Court jurisdiction:
    • Superior Court has exclusive jurisdiction for violations occurring in indoor public places, public parks, or beaches involving state or local government entities.
    • Municipal courts have jurisdiction for most other enforcement actions.
  • No private right of action is created; penalties are the sole civil remedy for violations.

Potential Impact

  • Deterrence: Higher fines may deter cannabis/marijuana smoking on beaches, improving compliance with smoke-free beach policies.
  • Compliance and revenue:
    • Increased penalties could lead to greater enforcement and compliance on beaches.
    • Collected penalties would support state smoking cessation initiatives and municipal revenue, potentially aiding local beach communities.
  • Enforcement considerations:
    • Enforcement agencies may need to adapt to evolving cannabis laws and patterns of use to ensure consistent application of penalties.

Compiled from official sources — confirm details with the bill’s official record.

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