Big Move Toward Legalizing Marijuana In NJ Is Set

Big Move Toward Legalizing Marijuana In NJ Is Set


NEW JERSEY – New Jersey is set to make its biggest move yet toward legalizing marijuana. And new details on the plan have been released – including how pot could be taxed once it's available in stores.

A legislative committee will hold a hearing on Thursday, Dec. 12 on a plan to hold a public referendum on marijuana legalization in December 2020.

The bill, ACR840, would call for a vote to amend the State Constitution to legalize marijuana for personal, non-medical use by adults who are 21 years of age or older.

The amendment would provide that all receipts from the retail purchases of marijuana should be subject to the sales tax, but New Jersey towns could add their own tax as well.

The municipal tax rate would not exceed 2 percent of the receipts from each sale, according to the legislation.

The Assembly Oversight, Reform and Federal Relations Committee will hold the hearing at 10 a.m. in committee room 11 on the fourth floor of the Statehouse Annex in Trenton.

After a last-ditch attempt to get legislative approval, Senate President Steve Sweeney and Sen. Nicholas Scutari, chairman of the Senate Judiciary Committee, said recently that they will seek voter approval of a constitutional amendment to legalize adult-use marijuana in New Jersey.

"We introduced legislation to authorize a public referendum for a proposal that will lead to the creation of a system that allows adults to purchase and use marijuana for recreational purposes in a responsible way," they wrote.

Read more: Gov. Phil Murphy Backs Marijuana Decriminalization In New Jersey

The initiative, they said, "will bring cannabis out of the underground so that it can be controlled to ensure a safe product, strictly regulated to limit use to adults and have sales subjected to the sales tax."

"We will have the Legislature vote on the plan during the current legislative session and expect the proposal to be on the ballot in 2020, when voter turnout will be maximized for the national election," they said. "We are confident it will be approved by the Senate, the Assembly and the voters."

Gov. Phil Murphy also released a statement:

"My belief that our current marijuana laws have failed every test of social justice and that the right course is to legalize its use by adults has not changed. I am disappointed that we are not able to get this done legislatively and that our failed status quo – which sends roughly 600 people to jail a week for possession, the majority of them people of color — will continue.

"However, I have faith that the people of New Jersey will put us on the right side of history when they vote next November. By approving this ballot measure before the end of this legislative session, New Jersey will move one step closer to righting a historical wrong and achieving what I have spent more than three years advocating for."

In September, top lawmakers said they were reviving legislative efforts to legalize marijuana in New Jersey, and they were ready to do it by the end of this year.

Murphy echoed those remarks during an unrelated event in August, saying he was "encouraged" to hear that Sweeney was ready to revive the bill and "count me all in to try and work toward that."

Efforts to pass the bill earlier in the year fell about 5 votes short. Read more: New Jersey Cancels Vote On Marijuana Legalization

Those no-votes included Sen. Richard Codey, the former acting governor, and Sen. Ron Rice, both D-Essex. Rice, a former police officer, said he prefers to decriminalize the drug.

Throughout the legislative process, Murphy and Sweeney also struggled to find themselves on the same page on the issue.

Sources close to Patch say negotiations slowed to a crawl since the Murphy administration has been investigating whether corporations misused tax breaks in past years, including one company owned by Democratic powerbroker George Norcross, a close ally of Sweeney.

Sweeney and Scutari now say that, even though they made further attempts to generate additional support in the Senate, "we recognize that the votes just aren't there. We respect the positions taken by legislators on what is an issue of conscience."

"We will now move forward with a plan that helps correct social and legal injustices that have had a discriminatory impact on communities of color. We can make real progress towards social justice at the same time that cannabis is made safe and legal," they sad.

If it's approved in November 2020, pot wouldn't be sold in stores for another six months to a year after that because of the lengthy regulatory process that needs to be developed.

Four months ago, Murphy signed legislation designed to make medical marijuana more accessible to patients who could benefit from it. 

Read more: Murphy Signs 17 Bills Into Law: Huge Step For Medical Marijuana

Lawmakers are also planning to expunge the records of many residents with past convictions.
Sweeney has said he wants to achieve progress on social justice reforms with legislation to revise procedures and eligibility for the expungement of criminal records.

"We want to move forward to help transform the state's medical marijuana program and to achieve the progressive reforms for social justice," he said. 

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