NJ Marijuana Legalization: 5 Hurdles Before Pot Is Sold In Stores

New Jersey took its biggest step this week toward legalizing marijuana. But lawmakers face an even bigger hurdle as they put the final touches on legsislation that could make pot available to the public as early as spring.

Lawmakers say there's still a bit of a snag, however, that could delay the legislation for weeks – maybe even months.

Even though Gov. Phil Murphy has pushed for marijuana legalization, lawmakers still don't have an agreement with his administration that would allow the bill to move to full Senate and Assembly votes.

Here's what has happened, and what the "Marijuana Legalization Act," which would allow users 21 years old and up to possess up to an ounce of pot, faces before pot becomes legal:

• Full state Legislature votes: State Senate and Assembly committees voted Monday to advance the legislation to full votes by the state Legislature. No timetable has been set for those votes, however.
• Amendments: Various amendments could be proposed to try to appeal to those who are sitting on the fence – including some Democrats who oppose the legislation – before going to a full vote. Some, such as Sen. Paul Sarlo, D-Bergen Assemblyman Ronald Rice, D-Essex, don't buy the argument that legalizing pot would promote social justice. "It's all about the money," Rice has said.
• Murphy's signature: If the Senate and Assembly approve the legislation, then the Marijuana Legalization Act requires Murphy's signature to become law.
• Murphy-Legislature agreement: Here is where the legislation has hit its biggest snag: Conflicts have arisen over how much marijuana should be taxed that have impeded the legislation's progress. Sweeney has said that the tax should be no more than 12 percent; the Murphy administration has suggested higher.
• Regulation: Don't expect pot to be sold in stores right away. The regulatory and licensing process could take another six months after the legislation is passed, health officials say. That schedule could move a lot more quickly if medical marijuana dispensaries are allowed to meet the demand.

Lawmakers noted that the legislation establishes a five-member commission to oversee the development, regulation and enforcement of activities associated with the personal use of cannabis, as well as for medical.

Read more: NJ Lawmakers Make Big Decision On Marijuana Legalization

Murphy's deputy press secretary, Alyana Alfaro, released a statement on the legislation, saying: “Governor Murphy remains committed to legalizing adult-use marijuana, a critical step in eliminating racial disparities in our criminal justice system.

"The governor is committed to working with the Legislature to legalize adult-use marijuana the right way, one that makes the state fairer, prioritizes the safety of New Jersey residents, and ensures that some of the economic benefits go the communities hardest hit by the war on drugs.”

On Monday, the Senate Budget and Appropriations Committee vote was 7-4 in favor, while the Assembly Appropriations Committee voted 7-3 to advance the bill.

"We can act like marijuana doesn't exist, that it doesn't take place in this world," said Senate President Stephen Sweeney, noting the thousands who are arrested each year for pot possession. "It's time to make this industry legitmate, to regulate it."

Most Democrats on the Assembly and Senate Budget and Appropriations committees supported the legislation, but not everyone. Sarlo, speaking as a "parent and a coach," said he just doesn't think New Jersey is ready for legal marijuana.

"I just don't believe we are there yet to legalize marijuana," said Sarlo, who abstained but said he's "leaning" toward voting no when the legislation is voted by the full Senate and Assembly.

Lawmakers, meanwhile, said the legislation they support would set new, unprecedented regulation in the state for the possession, personal use, and sale of cannabis.

If the legislation is enacted, New Jersey would become only the second state in the country to set regulations for cannabis as an act of the legislature, according to lawmakers.

“There have been far too many people, especially those from Black and Hispanic communities, who have been negatively impacted by the criminalization of cannabis,” said Assemblywoman Annette Quijano, D-Union. "I became interested in legalization due to the inequalities in the enforcement of cannabis laws and there long term impacts on the lives of all people in this state, but considerably those of color."

Lawmakers noted that New Jersey law enforcement officers made over 24,000 arrests for marijuana possession in 2012, more than in the previous 20 years – approximately one every 22 minutes. African Americans are nearly three times more likely to be arrested for cannabis passion than white New Jerseyans, despite similar usage rates with white counterparts, lawmakers said.

Emotions were running high Monday as lawmakers held a lively 5-hour debate with numerous legislators, advocates and others who either opposed or supported the legislation. Watch the proceedings below.

One of the most dramatic moments came when former Rhode Island Congressman and current Brigantine resident Patrick Kennedy, a son of the late US Sen. Edward Kennedy, testified that he didn't want to see marijuana become so available that children would be able to purchase "THC ice cream."

Sen. Nicholas P. Scutari, D-Union, a prime sponsor of the bill, shot back at Kennedy, saying: "From what you're saying, it sounds like you would favor the prohibition of alcohol?"

Kennedy called Scutari's claims a "red herring" and said he doesn't favor banning alcohol.

Scutari said the legalization presents a strong business opportunity for New Jersey, legalizing an industry that could add millions to the economy.

Scutari said keeping the business illegal is senseless, because marijuana is already easy to purchase. He said it can be purchased a block from his office.

"We are finally on the precipice of doing something great here, changing the lives of many people in New Jersey," he said.

But Assemblyman Ronald Rice, D-Essex, said he's not prepared to support legalization, and he ripped the argument that the legislation would promote social justice.

A former police officer, Rice believes legalization will encourage crime and intoxicated driving. He supports decriminalization instead. He said the whole push for legalization is about "money," not social justice.

Since legalization happened in Colorado, Rice said drug use and criminal acts have increased – particularly in the African-American community. He called the social-justice argument "a slap in the face" to African-Americans.

"Do the research and start to pay attention," Rice told lawmakers.

Here is a video of the hearing here:

Governor Murphy photo