COURT HOUSE – Although nearly 70% of state voters agreed to legalize recreational marijuana, as of Jan. 1, for users 21 years of age and older, two bills are sitting on the governor’s desk in what appears to be a standoff over what one local assemblyman calls a “modern day stop and frisk” stipulation for youths.
In the meantime, recreational marijuana use is illegal, and guidance from Attorney General Gurbir S. Grewal to adjourn any juvenile or adult case solely involving low-level marijuana possession-related offenses expires Jan. 25.
In a Jan. 14 update to the Cape May County NAACP, Assemblyman Jamel Holley (D-20th) said the state Senate and Assembly “thought we had a deal, but at the 12th hour, the governor asked for a clean-up bill. Those are usually four to five pages; this was 40 pages and was actually a modern day stop and frisk for our youth.”
The two bills awaiting the governor’s signature allow for the cultivation, distribution and retail sale of marijuana (S21) (http://bit.ly/3nVPRn9) and decriminalization of the drug (S2535) (http://bit.ly/38Sv5QM).
Murphy requested a set of changes be made in a “cleanup” bill that would establish fines for underage possession and/or use of the drug, while also asking to clear up language to ensure both marijuana and cannabis – as each are defined in the current legislation – are decriminalized, according to other news sources.
In response to Murphy’s requests in the cleanup bill, state lawmakers Jan. 12 introduced a bill (A5211) (http://bit.ly/38Svz9y) that lays out fines and other penalties for underage marijuana use, reacting to the governor’s refusal to sign a legal weed bill without such penalties.
The measure levies a fine of at least $250 on people ages 18-20 who possess up to six ounces of marijuana, the legal limit for those 21 and over. Juveniles would not have to pay the fine but could face juvenile delinquency dispositions, like community service, if caught possessing marijuana. The bill is going through legislative review and action.
“The issue is up in the air constitutionally,” Holley said, referring to the favorable vote approving an amendment to the state constitution, as of Jan. 1, allowing people 21 and older to use marijuana without a doctor’s approval. “The bills are being held hostage,” he added.
Holley noted he was working on the bill for five years, the “longest” during his six years as an assemblyman and staff member. He referred to the state’s Legislative Black Caucus (http://bit.ly/3bQZkJJ) as having worked on the bills to ensure “social justice and removal of any racial inequities,” resulting in the “best progressive laws on the books.”
Holley said, “Minorities are three to four times more likely to be arrested for possession of marijuana,” adding the “cleanup bill was an effort to further target over-policed communities and place a de facto tax on poor people whose children may suffer from drug abuse and addiction.”
At hearings, legislators from urban areas argued that strict enforcement would mean young people would be stuck with records that will follow them their entire lives.
“We are not moving our position,” Holley said. “Either the governor signs the two bills, vetoes it, or it’s up in the air. We have two good, progressive bills that we are not going to move away from to go to a modern day stop and frisk.”
The new “social equity” tax, included in the legalization bill, would benefit communities of color disproportionately affected by drug laws. Holley said the laws require no less than 30% of business licenses be given to minorities, women and disabled veterans.
In communities identified as having high arrest numbers and other specific demographics, “impact zones” would be identified by the municipalities for the location of microbusinesses, those with less than 10 employees from the community itself. Special conditional licenses could be given to the microbusinesses, as long as they met certain requirements meant to encourage local small businesses.
“The process for getting a business license will be similar to those for medical marijuana,” Holley said. “I suggest you check out the (state) Department of Health’s website to review the process, so you have an idea of what to expect, but you should first find a location and form an LLC (limited liability company) if you haven’t already. If you haven’t done it already, you are already behind the eight ball.”
Holley also noted:
– Those with a medical marijuana card will not lose their right to have a gun permit or commercial driver license;
– Municipalities can add up to 2% additional sales tax to businesses within their boundaries for town revenue;
– Once signed by the governor, local municipalities will decide whether they will allow businesses to be set up within their borders. Municipalities that passed laws may need to revisit them after the law is signed;
– Employers can take “appropriate action” if an employee shows up at work high. “You can’t go to work drunk. You can’t go to work high either.”
– Prior conviction for drugs will not hinder the ability to get a business license. “There is opportunity for everyone.”
Holley said there will be a five-member cannabis regulatory commission established to set the policies once the bill becomes law. The Senate, Assembly and governor get to make appointments to the commission.
During his State of the State address (http://bit.ly/2Krk7IP), Murphy called the proposal “an innovative and groundbreaking set of laws to reform our historically unjust approach to marijuana and cannabis.
“Two months ago, you all voted overwhelmingly to legalize adult use of marijuana and begin the process of ending the racial imbalance that disproportionally penalizes black and brown people arrested for marijuana offenses,” he said. “We’re setting up a cannabis industry that will promote the growth of new small businesses, many of which will be owned by women, minorities, and veterans.
“This hasn’t been an easy fight, nor has it happened as quickly as I would have liked, but we are in a better place, a smarter place, and a more just place than ever before,” he added.
In the meantime, Grewal Nov. 25 issued additional guidance to prosecutors concerning the prosecution of low-level marijuana cases, supplementing his Aug. 29, 2018, and Nov. 4, 2020, guidance.
According to a release, Grewal directed all New Jersey municipal, county, and state prosecutors to adjourn, until at least Jan. 25, 2021, any juvenile or adult case solely involving specific marijuana possession-related offenses (http://bit.ly/39Gdjzu).
When enacted in the state, the marijuana market is expected to generate $1.8 billion in sales every year and bring in around $210 million in taxes.
Voters in Arizona, South Dakota and Montana also approved legalization Nov. 3, bringing the nationwide total of legalized states to 15, plus Washington, D.C.
To contact Karen Knight, email kknight@cmcherald.com.
