TRENTON – The state Assembly passed a bill June 15, decriminalizing the possession of up to 2 ounces of marijuana by a vote of 63-to-10, with five abstentions. The bill advances to the state Senate.
The Assembly bill establishes a $50 civil penalty for possession of 2 ounces or less of marijuana. It also makes that penalty unlikely to be imposed since it establishes a presumption that such an amount of marijuana is “the lawful possession of medical cannabis” and requires that law enforcement establish “by a preponderance of the evidence” that the substance was not medical to impose the civil penalty. Any penalties that are imposed and collected are retained by the municipality where the violation occurred.
Statistics from the Federal Bureau of Investigation’s Uniform Crime Reporting Program for 2018 showed that 40% of all drug arrests in the nation were for marijuana possession. Many argue that these arrests are disproportionately falling on the poor and people of color.
Although similar bills have failed to gain traction in the past, the recent demonstrations against racial injustice may have given the advocates of marijuana legalization added momentum.
In November, New Jerseyans will have a chance to express themselves on broader marijuana legalization through a ballot measure.
Assemblyman Antwan McClellan (R-1st) voted yes on the bill. Assemblyman Erik Simonson (R-1st) abstained.
