NJ Marijuana Enters Weird, Legal Limbo – Is It OK To Smoke Yet?

NEW JERSEY — The Garden State is jumping feet-first into 2021, and with a historic vote to legalize marijuana in the rearview mirror, some New Jersey residents may have an urgent question that needs answering: Can I legally smoke a joint to ring in the new year?

The short answer is – not yet.

When New Jersey residents voted in the 2020 general election, they cast ballots for a constitutional amendment to legalize recreational cannabis in the state, which already has a booming medical marijuana program. That amendment takes effect on New Year's Day.

But there’s a catch. New Jersey lawmakers and the Cannabis Regulatory Commission (CRC) – the state board charged with regulating marijuana – have to hammer out a framework of laws and rules before weed becomes legal.

An initial attempt at passing the needed bill in the Legislature was panned by many marijuana advocates, who claimed it didn’t do enough to remedy a long history of damage to vulnerable communities and populations.

Lawmakers also butted heads over the way marijuana will be taxed.

There have been attempts to pass a separate decriminalization bill, which would have legalized the possession of up to six ounces of cannabis and halted thousands of low-level arrests. But those efforts have stalled in the Legislature, too.

• See related article: NJ Marijuana Arrests Could End Soon As Legalization Moves Forward
• See related article: NJ Bill Would Stop Thousands Of Low-Level Marijuana Arrests

After lawmakers went back to the drawing board, Gov. Phil Murphy, who has ardently supported legalization, rejected a revamped bill that came to his desk, saying that there are some “technical, but important things we're trying to wrinkle out.”

• See related article: NJ Marijuana Legalization Bill Is Delayed

Now, without the necessary framework to make it “legal,” marijuana will remain in a weird limbo as New Jersey enters the new year. And in the meanwhile, any New Jersey resident who lights up can still be arrested.

Attorney General Gurbir Grewal issued the following reminder to Garden State residents in November:

“All of the state's criminal laws relating to marijuana continue to apply, until, among other things, the Legislature enacts a law creating that regulatory framework. It is important that residents accurately understand the current situation, so they do not inadvertently engage in criminal conduct relating to marijuana — conduct that may be legal in the future once the Legislature acts, but is not presently legal based on [November’s] vote.”

Grewal has also pointed out that anyone who's been charged with marijuana possession or use in New Jersey may see their case postponed until Jan. 25 – or even dismissed entirely – at prosecutors’ discretion.

• See related article: New Jersey Orders Postponement Or Dismissal Of Marijuana Cases

But for those who don’t catch a break from prosecutors or police, the costs could be steep. Under the current state law, marijuana possession offenders can be hit with up to six months in jail and a $1,000 fine.

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

• See related article: NJ Marijuana Arrests 'Soaring' As Legalization Debate Continues
• See related article: 'It's Hard To Move Forward,' Says NJ Father Arrested For Weed

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