NJ Bill Would Stop Thousands Of Low-Level Marijuana Arrests

MONTCLAIR, NJ — New Jersey residents will have to wait until November to vote on legalizing recreational marijuana. But in the meantime, a bill that advanced in the state Legislature on Thursday may put a stop to thousands of low-level weed arrests, advocates say.

On Thursday, members of the New Jersey state Assembly approved a substitute version of A-1897 by a 63-10 vote, with five abstentions. The legislation now moves to the state Senate.

As currently written, the measure decriminalizes the possession and distribution of up to 2 ounces of marijuana by adults — making these activities punishable by a $50 fine, according to cannabis advocacy group Garden State NORML. In addition, people found to be in violation of the law would no longer be arrested or saddled with a criminal record.

Under the current law, marijuana possession offenders can be hit with up to six months in jail and a $1,000 fine.

Other collateral damage from a marijuana arrest can include getting fired from a job, getting a much-needed driver’s license suspended, losing access to public housing, or losing the ability to adopt children, advocates say.

• See related article: 'It's Hard To Move Forward,' Says NJ Father Arrested For Marijuana

BUSTED FOR WEED IN NJ

Every year, police make over 30,000 marijuana-related arrests in New Jersey — among the highest of any state in the nation, Garden State NORML stated.

Last year, the ACLU of New Jersey released a report that examined the state's 2016 and 2017 crime data. Researchers found that someone is arrested for marijuana possession in New Jersey every 15 minutes, a rate that has increased over the past decade.

The state reportedly spends about $127 million per year on cannabis possession enforcement.

• See related article: NJ Marijuana Arrests 'Soaring' As Legalization Debate Continues

The current national debate over policing and race has also reignited a push for legalization — and decriminalization — of cannabis in New Jersey.

In April, the national chapter of the American Civil Liberties Union released a study that said black people are about 3.5 times as likely to be arrested for marijuana possession as white people in New Jersey.

The highest disparity was in Hunterdon County, where the ratio was 13.7 to 1 during 2018. The lowest was in Hudson County, where the ratio was 1.9 to 1.

• See related article: Race Still A Factor In New Jersey Marijuana Arrests, Report Says

The time for lawmakers to take action is long overdue,” NORML State Policies Coordinator Carly Wolf said.

“Law enforcement continues to arrest almost 100 New Jerseyans every day for marijuana violations, a disproportionate number of whom are young, poor, and/or people of color,” Wolf said. “Passage of this legislation is the first step in repairing some of the harms caused by the War on Drugs.”

“I urge members of the Senate to amend the bill to include even broader social justice reforms, and to take swift action to send the measure to Governor Phil Murphy’s desk,” Wolf added.

• See related article: Decriminalizing Weed In NJ Would Be 'Victory,' Sen. Rice Says

New Jersey residents will decide on a ballot initiative in the November election to regulate marijuana for adults in the Garden State.

The question reads:

"Do you approve amending the Constitution to legalize a controlled form of marijuana called ‘cannabis?’ Only adults at least 21 years of age could use cannabis. The state commission created to oversee the state’s medical cannabis program would also oversee the new, personal use cannabis market. Cannabis products would be subject to the state sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products."

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