Surprising New Details In Drafted NJ Marijuana Legalization Bill

You may think that, even if it legalizes marijuana, New Jersey may find a way to regulate it to the point that it's, well, not-so-legal. Well guess again.

Patch obtained the contents of the latest draft of the bill that would allow marijuana users to use it away from their homes while also paying a very low tax on it. You also could get it delivered to your home.

Here are some of the highlights of the newly drafted bill that lawmakers believe has a good chance of passing:

• Under the draft, you wouldn't have to stay at home to smoke. Business can carry a marijuana retail license and can provide a space for usage that's away from their dispensary.
• You could be able to get home deliveries, provided that the businesses that provide the service get permission from the state.
• New Jerseyans would pay what could be the lowest marijuana tax in the country. The proposed 10 percent tax is lower than the currently cheapest state, Massachusetts, which taxes at 10.75 percent, according to the Tax Foundation. Most states appear to average around 15 percent.
• Politico New Jersey reported that that Gov. Phil Murphy was not happy with the tax being that low. So that could change.

Lawmakers such as Senate President Stephen Sweeney, meanwhile, have backed off of plans to possibly vote on legalizing marijuana in September. October is now possible if Murphy and lawmakers can hammer out the final details. Attorney General Gurbir Grewal has already asked for an adjournment of all marijuana cases in municipal courts statewide.

Just don't expect pot to be sold in stores right away.

Kate Bell, legislative counsel for the Marijuana Policy Project in Washington D.C., told nj.com that the regulatory and licensing process could take another six months after the legislation is passed. That schedule could move a lot more quickly if medical marijuana dispensaries are allowed to meet the demand.

Senate Judiciary Chairman Nicholas Scutari and Sweeney, menawhile, have introduced two bills that collectively would legalize the recreational use of marijuana in New Jersey and vastly expand access to medical marijuana.

"These two pieces of legislation we introduced represent a concerted effort to put all the options on the table in an efficient, comprehensive manner," said Scutari, D-Middlesex, Somerset and Union. "The legislation to legalize marijuana for adult recreational use would eliminate the draconian laws and penalties currently in place and improve social justice issues in urban areas. Law-abiding adults will be able to partake legally and safely knowing exactly what they're ingesting.

The second bill, he said, combines the new recreational marijuana use with measures that expand the existing medical marijuana law to widen its availability so that patients have "unencumbered access to the full spectrum of relief it provides."

"From a health and wellness standpoint, marijuana provides relief from a host of conditions," said Sweeney. "By expanding its accessibility, we help New Jerseyans live life to its fullest. And by legalizing the possession of marijuana, we correct a great social injustice. Persons of color have been routinely targeted for marijuana possession. If we legalize marijuana, we end that practice while creating a mechanism for individuals convicted of low-level marijuana possession to have their records expunged."

One bill, S-2702, would legalize the possession and personal use of marijuana for individuals 21 years of age and up. An individual could possess, use, purchase or transport one ounce or less of marijuana. Additional regulations would apply for marijuana in liquid form, concentrate or infused in other product.

Under that legislation, state would establish a graduated tax rate on marijuana sales to be implemented over several years. Local governments would retain the right to create their own ordinances governing the time, place and manner of sales and they would have 180 days following enactment of the law to prohibit the operation of an establishment to sell marijuana.

Facilities that currently are licensed to sell medical marijuana would be able to immediately apply for a license to sell recreational marijuana, but would be required to maintain separate spaces for both kinds of sales.

Individuals who have been convicted of possessing 50 grams or less of marijuana would be able to present an application for expungement to the Superior Court.

The second bill, S-2703, "The New Jersey Marijuana Act," would in effect combine the policies and regulations defined in S-2702, with legislation that vastly expands access to medical marijuana.

Currently, the law restricts access to medical marijuana to individuals with a "debilitating medical condition." Under this bill, the term "debilitating medical condition" would be changed to "qualifying medical condition."
Both bills have been referred to the Senate Judiciary Committee.

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