NJ Gov. Phil Murphy Makes Significant Decision On Marijuana

NEW JERSEY – Gov. Phil Murphy has vetoed a bill that would clear the records of thousands of people convicted of marijuana offenses, but he's offered an alternative plan.

Murphy conditionally vetoed Senate Bill No. 3205 this week, rejecting a plan to institute several major reforms to the state’s expungement law and allow individuals convicted of certain marijuana offenses to petition a court to remove them from their criminal records.

Instead, the governor has made recommendations that require the creation of a system for automatic expungements for those with clean records for at least 10 years, and allow for judicial sealing of low-level marijuana offenses. The latter recommendation would ensure that individuals cannot have those convictions used against them in the future, he said.

“I applaud the sponsors’ commitment to social justice, and their efforts to correct historic wrongs inflicted on our communities by a criminal justice system that has at times unfairly, and harshly punished individuals,” said Murphy. “Providing relief for those who have served their time, and lifting the constraints placed on them from finding meaningful work, and providing for their families following a conviction and time served is a priority that I share with legislative leaders and advocates.”

The veto comes as top lawmakers, including Murphy, say they're reviving legislative efforts to legalize marijuana in New Jersey, and they're ready to do it by the end of the year.

Sources close to Senate President Steve Sweeney said lawmakers will make another run at it, perhaps during the lame-duck session between Election Day and January.

Efforts to pass the bill earlier in the year fell about 5 votes short. Read more: NJ Marijuana Legalization Is Alive Again: Here's When It May Come

Murphy believes the expungement bill can go further for the cause of justice, and "I am hopeful that we can move forward together with a bill that provides a path to automatic expungement and allows for relief for those convicted for those convicted of low-level marijuana offenses."

“I will continue to work with the Legislature build a more complete system of expungements, so that more New Jerseyans are given a second chance and can better reintegrate into our society,” he said.

Here is what Murphy is offering:

Clean Slate Expungement System

The governor’s changes would require the state to implement an “automated clean slate expungement system” – an automatic system of expungements for individuals convicted of multiple crimes who have had a clean record for at least 10 years, obviating the need for an attorney or the need to engage in a paperwork heavy administrative process.

In order to meet the bill’s implementation requirement, the governor’s changes establish a task force to study the technological, fiscal, resource and practical issues and challenges involved in developing such a system, and to provide recommendations on how to create the system.

As an interim measure to help those who have had clean records for at least a decade, the governor’s changes recommend that a clean slate petition process be available for the limited period between the bill’s effective date and the implementation of an automated clean slate expungement system.

The bill calls for a $15 million supplemental appropriation to the Department of Law and Public Safety to support its processing of clean slate expungement petitions.

Marijuana and Hashish Convictions

As passed, S3205 establishes an expedited expungement process for certain minor marijuana, hashish and paraphernalia convictions. While laudable for its social justice aims, such a process may have the unintended and unfair effect of delaying the review of standard expungement petitions, Murphy said.

The governor’s changes suggest having the court immediately seal an individual’s record upon the disposition of charges for possession or distribution of a small amount of marijuana or hashish or related drug paraphernalia.

Further, the governor’s change would ensure that the sealed marijuana or hashish convictions cannot not be used for sentencing purposes in any other case. This process provides relief while avoiding delays.

Changes to Existing Expungement Procedures

The governor’s changes would require the state to establish an electronic expungement filing system that would streamline expungement processing, eliminate filing fees to petition for an expungement and eliminate the current expensive requirement on individuals to send notices of the petition to various law enforcement agencies.

These changes would lift the financial and time-consuming burden on individuals seeking relief, he said.

Advocates expressed their support for the Governor’s conditional veto.

"The NAACP has been involved in the cannabis conversation solely because of its connection to civil rights,”said Richard T. Smith, president of the NAACP New Jersey State Chapter. “We believe that the wrongs committed by the war on drugs and its agents can not begin to be repaired until people can have their lives back from senseless low-level marijuana offenses. We are glad to see the Governor's office conditionally veto this bill in hopes of making it stronger and the language clearer. The NAACP looks forward to working with the Governor's office to ensure that everyone will have open access to free and expedited expungement."