Deal On NJ Marijuana Legalization Bill Collapses

NEW JERSEY – The long, drawn-out efforts to begin the process of selling marijuana in New Jersey once again have collapsed, sources told Patch on Monday.

Lawmakers have pulled a bill – which was expected to get a vote on Monday – that would have addressed the Murphy administration's objections to legal issues in the legislation, A-21.

Voters already approved a constitutional amendment to legalize marijuana, which went into effect on Jan. 1. Legislation is now needed to officially create the framework for legalizing the personal use of the drug, decriminalize the substance and remove it from the Schedule I drug list.

Until the legislation is passed, it's still not technically legal to use the drug in New Jersey. Read more: NJ Marijuana Enters Weird, Legal Limbo – Is It OK To Smoke Yet?

The talks collapsed over Murphy's efforts to make sure there were penalties for underaged, under-21 users.

The Murphy administration and state legislative leaders came up with a compromise that addressed those penalties, but lawmakers ultimately abandoned it over the weekend.

Sources told Patch that lawmakers pulled their support because a new "cleanup bill" would impose penalties that were too harsh on minors charged with possession of the drug. Democratic Sen. Teresa Ruiz, D-Essex, told Politico that removing the penalties for underage offenders was the Legislature’s original intent.

Rice told Politico that the cleanup bill's provisions would merely lead to another form of “stop-and-frisk.”

Gov. Phil Murphy, addressing the matter during his Monday news conference, said he's "still optimistic we're going to figure something out" on legalizing marijuana but he also said "we've got to somehow thread the needle" to address everybody's concerns.

Murphy said the last thing he wants is "more kids getting tangled up in the criminal justice system. None of us want that. Period."

But he also said: "This was never about legalizing marijuana for our kids."

"That was never what this was about. That's not what the voters voted on in the referendum. That's not what we've felt strongly and passionate about," he said. Read more: WATCH: Gov. Murphy Issues NJ COVID, Vaccines, Marijuana Updates

The cleanup bill would have provided that:

• Anyone between the ages of 18 and 20 in possession of marijuana or any cannabis item in any school, motor vehicle or public place could be fined between $50 and $250.
• Anyone between the ages of 18 and 20 who possesses marijuana or cannabis and knowingly consumed the drug in any school, motor vehicle or public place would be fined an amount between $100 and $500.
• Minors under the age of 18 in possession of marijuana or cannabis would not be subject to a civil penalty. Instead, they would be subject to a curbside warning or "stationhouse adjustment,” allowing law enforcement agencies to resolve a violation without formal court proceedings. They could also be required to participate in an alcohol or drug abuse education or treatment program.
• The stationhouse adjustment would establish one or more conditions that the person would be required to meet in exchange for the law enforcement agency declining to pursue a formal delinquency complaint.

The collapse comes just weeks after the state New Jersey Assembly and Senate voted in favor of legislation that clears the way and creates a framework for marijuana legalization. The bill needed Murphy's signature to become law, but he never acted on it.

Sen. Anthony M. Bucco, R-Morris, said the deal's collapse echoes his concerns that "the process to legalize marijuana moved way too quickly and was backwards from the beginning."

"There are extremely complex criminal, regulatory, social, and tax implications that should have been figured out before a question was placed on the ballot," he said.

The specific regulatory process has not been finalized, and some state officials have said that it could take anywhere from 6 months to a year for the drug to be sold in stores. Any delay in legislation will likely delay the selling of the drug in New Jersey.

Lawmakers and advocates say the legislation will ultimately create a framework for legalization that benefits communities who have disproportionately been affected by drug arrests.

Much of the earlier debate over the bill initially centered around two aspects: tax revenue and social justice. Often, those two things are connected.

Senate President Steve Sweeney, Senate Judiciary Committee Chair Nicholas Scutari and Senator Teresa Ruiz say tax revenue from the drug will be dedicated to repairing heavily impacted communities.

Sweeney and Scutari say about 30 percent of the sales tax revenue from legal cannabis would fund the operations of the Cannabis Regulatory Commission, the state board charged with overseeing New Jersey's recreational and medical marijuana programs.

The remaining 70 percent of the sales tax revenue – and 100 percent of a "social equity excise fees" on cultivators – would aid "impact zones," the communities hurt most by drug laws, Scutari and Sweeney said.

"With legalization comes an unprecedented opportunity for residents to clean the slate with expungement provisions and for communities to grow their economic base with businesses,” said Assemblyman Jamel Holley, D-Union.

Other key details of the legalization bill, A-21, include:

• A cap on the number of cannabis facilities at 37 for the first 24 months after enactment of the legislation
• Municipalities can prohibit marijuana businesses in their communities, but those that choose to allow them could collect a 2 percent tax and retain the revenue.
• There will be business incentives for minorities, women and disabled veterans to help them participate in the industry

Though the vote was a long time coming, there was still a spirited debate in the Senate, and not everyone came away happy.

"The Legislature should be ashamed of itself. By a 2-to-1 margin, New Jersey voters approved a referendum to legalize marijuana and this should have been an easy lift, but the Senate, Assembly and special interests have confounded something we all knew was inevitable for the past three years," said Sen. Michael Testa, R-Cumberland.

Still, Senate Democrats and community activists happily announced what would be the New Jersey Legislature's biggest step toward marijuana legalization.

The Rev. Dr. Charles F. Boyer, the founding director of Salvation and Social Justice, said it was a "historic day."

"This is just the first step in restoring justice for communities that have been most devastated by the War on Drugs across our state for decades. And while our work to repair the damage done by the drug war is far from over, today is a moment for celebration," he said.

Officials are confident that the state will see a boost in revenue from marijuana and the likely job creation that follows the industry.

"This legislation includes real, enterprising opportunities for New Jersey communities that have been disproportionately impacted by cannabis prohibition, along with more defined employment opportunities and a commission that requires diversity," said Assemblywoman Britnee N. Timberlake.

"This will be a clear revenue generator for the State, and the social justice and diversity portion in the legislation remains imperative."

On Dec. 4, Murphy, along with a collection of state legislators, announced an agreement on this legislature. Social justice was at the front of their minds.

The agreement was a long time coming after legislative exhaustive efforts failed last year to pass a legalization bill. The Senate fell about five votes short of approving legalization, forcing lawmakers to put it to a public referendum.

"We’re proud to announce today that we’ve reached an agreement on legislation providing the framework for legalization, which is a critical step in reducing racial disparities and social inequities that have long plagued our criminal justice system," they said at the time.

"This legislation will accomplish our shared goals of delivering restorative justice and ensuring that the communities most impacted by the War on Drugs see the economic benefits of the adult-use cannabis market. While there is still much work ahead, we are one step closer to building a new, promising industry for our state."

With reporting from Eric Kiefer and Montana Samuels.

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