Cannabis in New Jersey

Cannabis in New Jersey is currently illegal for adult-use, but permitted for medical use. Efforts at legalization during the 2018-2019 legislative session were unsuccessful. Nonetheless, as of August 2019, New Jersey lawmakers have once again confirmed that legislation progress is “alive and well,” most prominently that Governor Phil Murphy “is all for” before the end of 2019. However, on December 16, 2019, state legislature passed a cannabis referendum bill, putting it on the 2020 ballot for voters.

Criminalization

In 2013, New Jersey police made 24,765 arrests for possession of small amounts of marijuana, the highest in two decades. The number of 2013 arrests was double that of 1993, when the state's population was smaller. The spike in arrest rates was at odds with the national trend, beginning in 2007, that saw a decline in arrests for marijuana possession.[1] New Jersey arrested 34,500 people on cannabis offenses in 2017, more than any other state in the nation.[2]

The maximum penalty for simple possession of 50 grams or less of marijuana is six months in jail and a fine. Few first-time offenders serve jail time.[1]

Cannabis reform advocacy

New Jersey United for Marijuana Reform is an advocacy coalition of "religious, civil rights, law enforcement and medical leaders" who support legalization of marijuana in the state.[3]

A report by New Jersey United for Marijuana Reform and New Jersey Policy Perspective, issued in 2016, concluded that if New Jersey legalized marijuana, it could generate about $300 million a year in sales tax revenue for the state. (The report assumed a sales tax of 25% and annual in-state marijuana sales of $1.2 billion.)[4]

Perennial candidate Ed Forchion —known as "NJ Weedman"—has been described by NJ.com as "one of New Jersey's best known marijuana legalization advocates."[5] Since the 1990s, Forchion has agitated for marijuana-law reform in the state.[5] In 2004, Forchion lost a bid to legally change his name to "NJ Weedman" after prosecutors intervened.[5] Forchion has been convicted of violating New Jersey's marijuana laws several times;[5] in 2015, the New Jersey Superior Court, Appellate Division, affirmed one of his convictions, rejecting Forchion's contention that the criminalization of marijuana violated his constitutional rights under the state and federal constitutions.[6]

Public opinion

In 2015, Rutgers Eagleton Institute of Politics conducted a public opinion poll of New Jerseyans, asking whether they supported legalizing, taxing, and regulating the use of marijuana. Among respondents, 33% "strongly supported" the idea, 26% "somewhat supported" the idea, 12% "somewhat opposed" the idea, and 27% "strongly opposed" the idea.[7] A Reuters-Eagleton poll in 2018 showed similar results, with 58% supporting and 37% opposing the complete legalization of "the possession and personal use of recreational marijuana."[8]

Medical cannabis

On January 18, 2010, amidst a "flurry of bills" he signed on his final day in office, outgoing governor Jon Corzine signed into law S. 119, the Compassionate Use Medical Marijuana Act, permitting the use of medical cannabis for persons with listed conditions: cancer, glaucoma, multiple sclerosis, HIV/AIDS, seizure disorder, Lou Gerhig's disease, severe muscle spasms, muscular dystrophy, inflammatory bowel disease, Crohn's disease and any terminal illness (defined as an illness for which a physician certifies that the patient will die within one year).[9] The law allows the New Jersey health department to create rules to add other illnesses to the list.[9] The law does not allow patients to grow their own marijuana; instead, the plant must be acquired through "alternate treatment centers" licensed by the state.[9] Caregivers for patients are permitted to collect marijuana on behalf of the patient, but the caregiver must be designated and cleared by a criminal background check.[9]

Enrollment in the medical marijuana program is small, which has been attributed to costs, the rigid limitations of the program, and "the small number of doctors willing to recommend patients," as well as resistance to the program by New Jersey Governor Chris Christie, who in 2014 called the medical program a "front for legalization" of marijuana.[10] In 2011, New Jersey was described as having the strictest medical marijuana law among the 16 states that at the time permitted medical marijuana.[11]

In 2013, the parents of a two-year-old with Dravet's syndrome confronted Christie, who signed a bill allowing access for sick children to medical marijuana[12] in what was later dubbed the "pot for tots" controversy.[12][13][14]

As of 2015, 5,540 patients were registered as part of the program, along with 355 caregivers authorized to buy on behalf of ill patients.[15] As of 2017, there were 11,659 qualified patients in the state, mostly adults.[16]

Under New Jersey's medical-marijuana law, up to a maximum of six alternate treatment centers receive contracts from the state. These centers, which must be nonprofit, have the exclusive right to produce and sell medical marijuana in New Jersey.[15][11] The first dispensary opened in December 2012 in Montclair.[17] By October 2015, four additional centers had opened, in Egg Harbor Township, Woodbridge, Bellmawr, and Cranbury.[15] In July 2017, the state issued a sixth and final permit, to the non-profit Harmony Foundation, allowing it to cultivate marijuana in Secaucus;[18] after receiving an additional permit, Harmony opened a dispensary in Secaucus in June 2018.[19]

Christie has generally opposed efforts by advocates and legislators to add new illnesses to the list of qualifying conditions, but nevertheless in 2016 Christie signed into law a measure, sponsored by state Senator Joseph Vitale, that added post-traumatic stress disorder to the list of disorders making a patient eligible for the program.[20]

In 2017, the state Medicinal Marijuana Review Panel, in a 5–1 vote, recommended that a number of conditions be added to the list of medical marijuana-qualifying conditions in New Jersey, including migraines, Tourette syndrome, autism-related anxiety, and Alzheimer's disease-related anxiety, as well as chronic pain if "related to a broad range of ailments, including opioid use disorder, arthritis, back and neck pain, sciatica, diabetes, surgeries, injuries, neuropathy, Lyme disease, lupus, fibromyalgia, irritable bowel syndrome, pancreatitis, and others."[16] However, the Review Panel rejected proposals to add asthma and chronic fatigue to the list.[16] The final determination on additions to the list is made by the state Health Commissioner.[16]

2017–2019 unsuccessful proposals on legalization and regulation of recreational marijuana and expansion of medically used marijuana

In May 2017, state Senator Nicholas Scutari, a Democrat from Union, introduced legislation to legalize marijuana in New Jersey for recreational purposes.[21][22] Under Scutari's proposal, adults aged 21 and over in the state would be able to legally consume marijuana and to legally possess up to one ounce of marijuana flower, plus 16 ounces of solid cannabis-infused products (i.e., edibles); 72 ounces of "liquid marijuana tinctures, drinks and oils," and seven grams of marijuana concentrate.[21][22] A state sales tax on marijuana products[22] would go from 7% in the first year to 10% in the second year, progressively rising by 5% per year until the tax level reached 25%.[21] "Unlike all of the eight states that already host recreational marijuana programs, New Jersey would not allow home cultivation."[22] Christie strongly opposed any legalization of marijuana, calling the legislation "beyond stupidity" and "nothing more than crazy liberals who want to say everything's OK,"[23] and said that he would veto any legalization bill.[24]

In 2018, after Christie left office, the Democratic-controlled state legislature again considered the Scutari legalization bill.[25] However "at least 15 competing marijuana bills, each with a different flavor and vision, have been proposed in the Assembly."[24] Current governor Phil Murphy supports legalization, and vowed to sign a legalization bill in a bid to raise $1.3 billion in revenue.[26] and fulfill a campaign pledge to sign a legalization bill within the first 100 days of his administration.[27]

Scutari introduced new legislation to legalize, regulate, and tax marijuana for recreational purposes, the New Jersey Marijuana Legalization Act, on June 7, 2018. Stephen M. Sweeney is a consponsor.[28] In November 2018, a joint panel of the New Jersey Legislature (composed of assembly members and senators) passed S-2703, as well as separate legislation to expand access to medical marijuana (S-10) and to expand the state's expungement process, including for drug offenses (S-3205).[29] Under S-2703, the possession of up to 1 ounce of marijuana, and the consumption of marijuana in the home or designated areas would be become legal; a 12% state sales tax on marijuana would be imposed; and New Jersey municipalities would be given the power to choose to levy an additional 2% tax.[29] Under S-10, edible forms of marijuana would be legalized for adult medical use; patients enrolled in New Jersey's medical marijuana program could possess up to 3 ounces (an increase from two ounces); and the permitting process for medical marijuana dispensaries, manufacturers, and cultivators would be expedited.[29]

The progress of the legalization bill was slowed by legislative gridlock.[30] Governor Murphy and Senate President Sweeney agreed that marijuana should be legalized, but disagree on details.[31] A small number of state Senate Democrats opposed legalization,[31] most vocally "a handful of African-American Democratic lawmakers who split with their party over legalization, arguing that it would be a public health menace to their communities."[32] Senator Ronald Rice was a leading opponent of legalization.[32] As a result of their opposition, the proponents of the legislation needed every other Senate Democrat, and possibly several Senate Republicans, in order to secure passage.[31]

Negotiations in December 2018 and January 2019 focused on the tax rate for marijuana sales and regulatory oversight.[33] In March 2019, the effort to legalize marijuana in New Jersey collapsed, as Murphy and Sweeney were unable to persuade a majority of senators to back the legislation.[32]


2020 referendum

After the collapse of the 2018-19 efforts to legalize marijuana through the legislature, legislative leaders announced plans to place a marijuana referendum on the 2020 ballot. In New Jersey, a referendum can be placed on the ballot when the legislature votes to do so by a simple majority in two consecutive years, or a supermajority (60% in both houses) in one year.[34][35] On December 16, 2019, the bill was passed in both houses with a supermajority, making the referendum on the 2020 ballot. It passed in the Assembly by a vote of 49-24 (with one abstention) and in the Senate by a vote of 24-16. [36]

Local restrictions

Although a legalization bill did not pass the state legislature in 2018, a number of municipal governments in New Jersey nevertheless enacted legislation in anticipation of legalization that would ban or restrict marijuana sales and use within those municipalities, including Freehold Township, Oceanport, Cinnaminson Township, Hazlet, Middletown Township, Brick, and Toms River.[37] Freehold, for example, banned the sale of all marijuana (recreational or medical),[37] while Oakland banned "retail stores, cultivation facilities, manufacturing, testing, social clubs, cultivation, possession, storing, testing, labeling, transport, delivery, dispensing and distribution" but exempted medical marijuana dispensaries and use.[38]

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References
  1. Jan Hefler, Bucking National Trend, New Jersey Is Arresting More People for Marijuana, Tribune News Service (November 23, 2015).
  2. NJ.com, Brent Johnson | NJ Advance Media for; NJ.com, Susan K. Livio | NJ Advance Media for (August 7, 2019). "Legal weed bill for N.J. may be revived later this year. 'We'll make one more run at it.'". lehighvalleylive.
  3. Susan K. Livio, Why this election could help pave way for legal marijuana in N.J., nation, NJ.com (November 3, 2016).
  4. Susan K. Livio, Legalizing marijuana would reap $300M a year in taxes for N.J., advocates say, NJ.com (May 23, 2016).
  5. Kevin Shea, NJ Weedman's long, strange trip as marijuana advocate, NJ.com (April 30, 2016).
  6. MaryAnn Spoto, NJ Weedman taking marijuana conviction to high court, NJ.com (August 8, 2015).
  7. Marijuana Legalization for Adults with Taxation and Regulation Supported by Most New Jerseyans: Rutgers-Eagleton Poll, Center for Public Interest Polling, Eagleton Institute of Politics, Rutgers, The State University of New Jersey (June 18, 2015).
  8. New Jerseyans Support Marijuana Legalization, Expungement, Taxation, Rutgers-Eagleton Poll (October 30, 2018).
  9. Claire Heininger (January 18, 2010). "N.J. medical marijuana law is signed by Gov. Corzine". NJ.com.
  10. Brent Johnson, Christie says medical marijuana programs are 'a front for legalization', NJ.com (June 17, 2014).
  11. Richard Pérez-Peña, Marijuana for Patients May Proceed, Christie Says, New Jersey Times (July 19, 2011).
  12. Honan, Edith (January 8, 2014), New York's medical marijuana law excludes some who seek the drug, Reuters, retrieved January 20, 2014
  13. Mother Investigated After Opting For Marijuana Over Chemotherapy, CBS Denver, September 27, 2013, retrieved January 16, 2014
  14. Jones, David (11 Sep 2013), New Jersey Governor Christie signs 'pot-for-tots' bill, Reuters, retrieved January 20, 2014
  15. Susan K. Livio, N.J.'s 5th medical marijuana, dispensary to open Thursday, NJ.com (October 14, 2015).
  16. Jan Hefler, Alzheimer's, autism, anxiety could be treated with marijuana in NJ by 2018, Philly.com (May 12, 2017).
  17. Anemona Hartocollis, First Ounces of Marijuana Leave a New Jersey Dispensary, New York Times (December 6, 2012).
  18. Lindy Washburn (July 31, 2017). "State gives OK to grow medical marijuana in Secaucus". NorthJersey.com.
  19. Lindy Washburn, New Jersey's newest medical marijuana dispensary is now open for business — in Secaucus, NorthJersey.com (June 18, 2018).
  20. Susan K. Livio, Christie to let PTSD sufferers get medical marijuana, NJ.com (September 14, 2016).
  21. S.P. Sullivan, Here's N.J. lawmaker's plan to legalize recreational marijuana after Christie leaves, NJ Advance Media for NJ.com (May 15, 2017).
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  24. Jan Hefler, Legalized pot in New Jersey - not so fast, Philadelphia Inquirer (March 9, 2018).
  25. Claude Brodesser-Akner, Murphy's call for legalizing weed meets opposition -- from fellow Dems in Senate, NJ Advance Media for NJ.com (January 23, 2018).
  26. Elise Young, Murphy Sworn In as New Jersey Governor, Bloomberg (January 16, 2018).
  27. "How the price of weed in N.J. could plunge if it's legalized".
  28. New Jersey Marijuana Legalization Act (S. 2703), 218th New Jersey LEgislature, introduce June 7, 2018.
  29. Mike Davis & Nicholas Pugliese, NJ marijuana legalization clears first hurdle after legal weed vote, Asbury Park Press' (November 26, 2018).
  30. Nick Corasaniti, You Want Snacks With That? New Jersey Bill Considers Marijuana Delivery, New York Times (December 14, 2018).
  31. Nick Corasaniti, How a Push to Legalize Pot in N.J. Became a Debate on Race and Fairness, New York Times (November 28, 2018).
  32. Nick Corasaniti, Effort to Legalize Marijuana in New Jersey Collapses, New York Times (March 25, 2019).
  33. Brent Johnson, Legalizing weed and raising N.J. minimum wage to be hashed out again in meeting between Murphy and top Dems, NJ Advance Media for NJ.com (January 3, 2019).
  34. Ryan Hutchins, Katherine Landergan & Sam Sutton, Legal pot bill dead: New Jersey lawmakers to move ahead with 2020 referendum, Politico (May 15, 2019).
  35. Dustin Racioppi, NJ legal weed vote pushed back to 2020, and this time voters will decide, NorthJersey.com (May 15, 2019).
  36. "NJ lawmakers pass marijuana referendum for 2020 ballot". AP NEWS. December 16, 2019.
  37. Steph Solis, NJ marijuana legalization: Freehold Township bans weed sales, Asbury Park Press (October 10, 2018).
  38. Marsha Stoltz, Oakland joins list of New Jersey municipality to ban legal weed, North Jersey Record (November 1, 2018).
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