Cannabis in New Jersey is legal for both medical use and

recreational use Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...

. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor

Phil Murphy Philip Dunton Murphy (born August 16, 1957) is an American financier, diplomat, and politician serving as the 56th governor of New Jersey since January 2018. A member of the Democratic Party, he served as the United States ambassador to Germa ...

on February 22, 2021. The state legislature tried to legalize cannabis during its 2018-19 session, but was unsuccessful. Instead, the legislature placed the issue before the voters as a

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

on the 2020 ballot. Known as New Jersey Public Question 1, the referendum passed with 67% approval. As a follow-up to passage of Question 1, in December 2020 the legislature passed legislation creating a recreational marketplace. Disagreements between the governor and legislature over the lack of underage penalties in the legislation decriminalizing cannabis led to the effective date of cannabis legalization being delayed from January 1 until February 22, and police continued to arrest residents for marijuana offenses regularly during that time period. On April 21, 2022, licensed sales of recreational cannabis began.

History

Criminalization

In 2013, New Jersey police made 24,765 arrests for

possession Possession may refer to: Law * Dependent territory, an area of land over which another country exercises sovereignty, but which does not have the full right of participation in that country's governance * Drug possession, a crime * Ownership * ...

of small amounts of marijuana, the highest in two decades. The number of 2013 arrests was double that of 1993, when the state's population was smaller. The spike in arrest rates was at odds with the national trend, beginning in 2007, that saw a decline in arrests for marijuana possession. New Jersey arrested 34,500 people on cannabis offenses in 2017, more than any other state in the nation.

Cannabis reform advocacy

New Jersey United for Marijuana Reform is an

advocacy Advocacy is an Action (philosophy), activity by an individual or advocacy group, group that aims to influence decision making, decisions within political, economic, and social institutions. Advocacy includes activities and publications to infl ...

coalition of "religious, civil rights, law enforcement and medical leaders" who support legalization of marijuana in the state. A report by New Jersey United for Marijuana Reform and New Jersey Policy Perspective, issued in 2016, concluded that if New Jersey legalized marijuana, it could generate about $300 million annually in sales tax revenue for the state. (The report assumed a sales tax of 25% and annual in-state marijuana sales of $1.2 billion.)

Perennial candidate A perennial candidate is a political candidate who frequently runs for elected office and rarely, if ever, wins. Perennial candidates' existence lies in the fact that in some countries, there are no laws that limit a number of times a person can ...

Ed Forchion Robert Edward "Ed" Forchion Jr. (born July 23, 1964), also known as NJWeedman, is an American Rastafari cannabis rights and free speech activist, perennial candidate, actor, writer, and restaurateur. He is the founder of the Legalize Marijua ...

known as "NJ Weedman"has been described by

NJ.com NJ.com is a digital news content provider and website in New Jersey owned by Advance Publications. According to a report in ''The New York Times'' in 2012, it was the largest provider of digital news in the state at the time. In 2018, comScore r ...

as "one of New Jersey's best known marijuana legalization advocates." Since the 1990s, Forchion has advocated for marijuana-law reform in the state. In 2004, Forchion lost a bid to legally change his name to "NJ Weedman" after prosecutors intervened. Forchion has been convicted of violating New Jersey's marijuana laws several times; in 2015, the

New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appe ...

, affirmed one of his convictions, rejecting Forchion's contention that the criminalization of marijuana violated his constitutional rights under the

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

and federal constitutions.

Public opinion

Recent public opinion polls has found that New Jersey voters are split on the issue of legalization, with proponents having a slight edge. In 2015,

Rutgers Rutgers University (; RU), officially Rutgers, The State University of New Jersey, is a public land-grant research university consisting of four campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's College, and was a ...

Eagleton Institute of Politics The Eagleton Institute of Politics at Rutgers University was established in 1956 with an endowment from Florence Peshine Eagleton (1870–1953), and it focuses on state and national politics through education and public service. Ruth Mandel serve ...

conducted a

public opinion Public opinion is the collective opinion on a specific topic or voting intention relevant to a society. It is the people's views on matters affecting them. Etymology The term "public opinion" was derived from the French ', which was first use ...

poll of New Jerseyans, asking whether they supported legalizing, taxing, and regulating the use of marijuana. Among respondents, 33% "strongly supported" the idea, 26% "somewhat supported" the idea, 12% "somewhat opposed" the idea, and 27% "strongly opposed" the idea. A Reuters-Eagleton poll in 2018 showed similar results, with 58% supporting and 37% opposing the complete legalization of "the possession and personal use of recreational marijuana."

Types of legal cannabis

The legalization of cannabis typically falls into two sets of laws and regulations: the legalization of cannabis for medical purposes, and the legalization for recreational use.

Medical use

On January 18, 2010, outgoing governor

Jon Corzine Jon Stevens Corzine ( ; born January 1, 1947) is an American financial executive and retired politician who served as a United States Senator from New Jersey from 2001 to 2006 and the 54th governor of New Jersey from 2006 to 2010. Corzine ran fo ...

signed a number of bills into law on his last day in office, including S. 119, the Compassionate Use Medical Marijuana Act, permitting the use of medical cannabis for persons with listed conditions:

cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...

glaucoma Glaucoma is a group of eye diseases that result in damage to the optic nerve (or retina) and cause vision loss. The most common type is open-angle (wide angle, chronic simple) glaucoma, in which the drainage angle for fluid within the eye rem ...

multiple sclerosis Multiple (cerebral) sclerosis (MS), also known as encephalomyelitis disseminata or disseminated sclerosis, is the most common demyelinating disease, in which the insulating covers of nerve cells in the brain and spinal cord are damaged. This d ...

HIV/AIDS Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...

seizure disorder Epilepsy is a group of non-communicable neurological disorders characterized by recurrent epileptic seizures. Epileptic seizures can vary from brief and nearly undetectable periods to long periods of vigorous shaking due to abnormal electrical ...

Lou Gehrig's disease Amyotrophic lateral sclerosis (ALS), also known as motor neuron disease (MND) or Lou Gehrig's disease, is a neurodegenerative disease that results in the progressive loss of motor neurons that control voluntary muscles. ALS is the most com ...

, severe muscle spasms,

muscular dystrophy Muscular dystrophies (MD) are a genetically and clinically heterogeneous group of rare neuromuscular diseases that cause progressive weakness and breakdown of skeletal muscles over time. The disorders differ as to which muscles are primarily affe ...

inflammatory bowel disease Inflammatory bowel disease (IBD) is a group of inflammation, inflammatory conditions of the colon (anatomy), colon and small intestine, Crohn's disease and ulcerative colitis being the principal types. Crohn's disease affects the small intestine a ...

Crohn's disease Crohn's disease is a type of inflammatory bowel disease (IBD) that may affect any segment of the gastrointestinal tract. Symptoms often include abdominal pain, diarrhea (which may be bloody if inflammation is severe), fever, abdominal distension ...

and any terminal illness (defined as an illness for which a physician certifies that the patient will die within one year). The law allows the

New Jersey health department The New Jersey Department of Health (NJDOH) is a governmental agency of the U.S. state of New Jersey. New Jersey's State Board of Health was established in 1877. Its administrative functions were vested in the Department of Health, which was crea ...

to create rules to add other illnesses to the list. The law did not allow patients to grow their own marijuana; instead, the plant must be acquired through "alternate treatment centers" licensed by the state. Caregivers for patients are permitted to collect marijuana on behalf of the patient, but the caregiver must be designated and cleared by a criminal

background check A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's criminal record, education, employment history, and oth ...

. Enrollment in the medical marijuana program was initially small, which was attributed to costs, the rigid limitations of the program, and "the small number of doctors willing to recommend patients," as well as resistance to the program by New Jersey Governor

Chris Christie Christopher James Christie (born September 6, 1962) is an American politician, lawyer, political commentator, lobbyist, and former federal prosecutor who served as the 55th governor of New Jersey from 2010 to 2018. Christie, who was born in Ne ...

, who in 2014 called the medical program a "front for legalization" of marijuana. In 2011, New Jersey was described as having the strictest medical marijuana law among the 16 states that at the time permitted medical marijuana. In 2013, the parents of a two-year-old with

Dravet syndrome Dravet syndrome, previously known as severe myoclonic epilepsy of infancy (SMEI), is an autosomal dominant genetic disorder which causes a catastrophic form of epilepsy, with prolonged seizures that are often triggered by hot temperatures or feve ...

confronted Christie, who signed a bill allowing access for sick children to medical marijuana in what was later dubbed the "pot for tots" controversy. As of 2015, 5,540 patients were registered as part of the program, along with 355 caregivers authorized to buy on behalf of ill patients. As of 2017, there were 11,659 qualified patients in the state, mostly adults. Under New Jersey's medical-marijuana law, up to a maximum of six alternate treatment centers receive contracts from the state. These centers, which must be

nonprofit A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

, have the exclusive right to produce and sell medical marijuana in New Jersey. The first dispensary opened in December 2012 in Montclair. By October 2015, four additional centers had opened, in

Egg Harbor Township Egg Harbor Township is a township in Atlantic County, in the U.S. state of New Jersey. The U.S. Census Bureau in the 2020 census reported the population as 47,842, an increase of 4,519 over the 43,323 counted in the previous decade in the 2010 ...

Woodbridge Woodbridge may refer to: Places Australia *Woodbridge, Western Australia formerly called ''West Midland'' *Woodbridge, Tasmania Canada *Woodbridge, Ontario England *Woodbridge, Suffolk, the location of ** Woodbridge (UK Parliament constituency ...

, Bellmawr, and Cranbury. In July 2017, the state issued a sixth and final permit, to the non-profit Harmony Foundation, allowing it to cultivate marijuana in

Secaucus Secaucus ( ) is a town in Hudson County, New Jersey, United States. As of the 2010 United States census, the town's population was 16,264,Joseph Vitale, that added

post-traumatic stress disorder Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on ...

to the list of disorders making a patient eligible for the program. In 2017, the state Medicinal Marijuana Review Panel, in a 5–1 vote, recommended that a number of conditions be added to the list of medical marijuana-qualifying conditions in New Jersey, including

migraines Migraine (, ) is a common neurological disorder characterized by recurrent headaches. Typically, the associated headache affects one side of the head, is pulsating in nature, may be moderate to severe in intensity, and could last from a few hou ...

Tourette syndrome Tourette syndrome or Tourette's syndrome (abbreviated as TS or Tourette's) is a common neurodevelopmental disorder that begins in childhood or adolescence. It is characterized by multiple movement (motor) tics and at least one vocal (phonic) ...

autism The autism spectrum, often referred to as just autism or in the context of a professional diagnosis autism spectrum disorder (ASD) or autism spectrum condition (ASC), is a neurodevelopmental condition (or conditions) characterized by difficulti ...

-related anxiety, and

Alzheimer's disease Alzheimer's disease (AD) is a neurodegeneration, neurodegenerative disease that usually starts slowly and progressively worsens. It is the cause of 60–70% of cases of dementia. The most common early symptom is difficulty in short-term me ...

-related anxiety, as well as

chronic pain Chronic pain is classified as pain that lasts longer than three to six months. In medicine, the distinction between Acute (medicine), acute and Chronic condition, chronic pain is sometimes determined by the amount of time since onset. Two commonly ...

if "related to a broad range of ailments, including

opioid use disorder Opioid use disorder (OUD) is a substance use disorder characterized by cravings for opioids, continued use despite physical and/or psychological deterioration, increased tolerance with use, and withdrawal symptoms after discontinuing opioids. Op ...

arthritis Arthritis is a term often used to mean any disorder that affects joints. Symptoms generally include joint pain and stiffness. Other symptoms may include redness, warmth, swelling, and decreased range of motion of the affected joints. In som ...

, back and neck pain, sciatica, diabetes, surgeries, injuries, neuropathy,

Lyme disease Lyme disease, also known as Lyme borreliosis, is a vector-borne disease caused by the ''Borrelia'' bacterium, which is spread by ticks in the genus ''Ixodes''. The most common sign of infection is an expanding red rash, known as erythema migran ...

, lupus, fibromyalgia,

irritable bowel syndrome Irritable bowel syndrome (IBS) is a "disorder of gut-brain interaction" characterized by a group of symptoms that commonly include abdominal pain and or abdominal bloating and changes in the consistency of bowel movements. These symptoms may ...

, pancreatitis, and others." However, the Review Panel rejected proposals to add asthma and chronic fatigue to the list. The final determination on additions to the list is made by the state Health Commissioner. In 2018, the Legislature considered a bill to expand access to

medical marijuana Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...

(S-10), edible forms of marijuana would be legalized for adult medical use; patients enrolled in New Jersey's medical marijuana program could possess up to 3 ounces (an increase from two ounces); and the permitting process for medical marijuana dispensaries, manufacturers, and cultivators would be expedited. The bill would have allowed

physician assistant A physician assistant or physician associate (PA) is a type of Mid-level practitioner, mid-level health care provider. In North America PAs may diagnose illnesses, develop and manage treatment plans, prescribe medications, and may serve as a pri ...

s and advanced practice registered nurses to prescribe medical marijuana to patients. Ultimately, a separate medical marijuana expansion measure, the

Jake Honig Compassionate Use Medical Cannabis Act Jake may refer to: Name * Jake (given name), including a list of persons and fictional characters with the name * Katrin Jäke (born c. 1975), German swimmer * Jake (gamer), American ''Overwatch'' player and coach Animals * Jake (rescue dog), a s ...

, passed the legislature and was signed into law by Governor

in July 2019. The legislation greatly expanded the number of slots for medical cannabis providers; created a Cannabis Regulatory Commission, which took over supervision of the medical cannabis program from the state Health Department; made it easier to patients to obtain medical cannabis by reducing the required frequency of medical eligibility verifications from four times a year to once a year; allowed patients to purchase more cannabis at any given point (increasing the limit from 2 ounces to 3 ounces for 18 months, with limitations to be thereafter determined by the Cannabis Regulatory Commission, and with no limit for terminally ill patients); authorized nursing homes and hospice centers to obtain cannabis from dispensaries on behalf of patients; and allowed medical cannabis patients from outside New Jersey to buy medicine while visiting New Jersey for up to six months. The legislation and subsequent amendments also phased out the state sales tax levied on purchases of medical cannabis by registered patients at dispensaries, while allowing municipalities to levy a local transfer tax of up to 2%, which no municipality has chosen to do. Beginning July 1, 2022, the sales tax on medical cannabis products purchased at licensed dispensaries was fully repealed. A law signed in 2019 contained a provision that phased out the sales tax for cannabis products.

Recreational use

The state’s Cannabis Regulatory Commission held a meeting in April 2022, after being pushed by the legislature, in order to work through a backlog of applications. The commission approved seven businesses to begin to sell cannabis recreationally. Critics noted that the applications had been waiting for a while, as the state’s voters approved medical cannabis nearly two years prior to the approval in April. The seven businesses granted licenses by the commission were already in the medical cannabis business, known as "alternative treatment centers." ''Financial Regulation News'' noted that the state board still had a lot of work ahead of it, as they need to approve more companies to sell cannabis to meet what the state's expected demand. In April 2022, licensed recreational sales of cannabis began in New Jersey. Dispensaries began selling recreational cannabis on April 21, 2022. As of April 2022, the 13 dispensaries are located in Maplewood, Phillipsburg, Rochelle Park, Bloomfield, Paterson, Elizabeth, Lawrence Township, Egg Harbor Township, Williamstown, Deptford, Vineland, Bellmawr, and Edgewater Park. Under New Jersey state law, consumers are legally allowed to purchase up to one ounce of dried flower; 5 grams of concentrates, resins, and oils; and up to 1 gram total of edible cannabis products. Consumers must be 21 years of age or older to purchase legal cannabis. The rollout of the state's recreational cannabis program hasn't been without criticism. Industry stakeholders, including owners of cannabis companies belonging to minority groups, have complained about the state’s system for evaluating applications for licenses, calling the system unreliable and unfair. One of the companies, Pangea, said that the state’s method was overly complicated. For example, Pangea said that its application was reviewed by six people from various government departments and used a system with 1,000 possible points across 60 different measures.

2017-2019 legislative debate on legalization

In May 2017, state Senator

Nicholas Scutari Nicholas Paul Scutari (born November 18, 1968) is an American politician and attorney who is the 115th and current President of the New Jersey Senate. A member of the Democratic Party, he has served in the New Jersey Senate since 2004, represent ...

, a Democrat from

Union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...

, introduced legislation to legalize marijuana in New Jersey for recreational purposes. Under Scutari's proposal, adults aged 21 and over in the state would be able to legally consume marijuana and to legally possess up to one ounce of marijuana flower, plus 16 ounces of solid cannabis-infused products (i.e., edibles); 72 ounces of "liquid marijuana tinctures, drinks and oils," and seven grams of marijuana concentrate. A state sales tax on marijuana products would go from 7% in the first year to 10% in the second year, progressively rising by 5% per year until the tax level reached 25%. "Unlike all of the eight states that already host recreational marijuana programs, New Jersey would not allow home cultivation." Christie strongly opposed any legalization of marijuana, calling the legislation "beyond stupidity" and "nothing more than crazy liberals who want to say everything's OK," and said that he would

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...

any legalization bill. In 2018, after Christie left office, the Democratic-controlled state legislature again considered the Scutari legalization bill. However "at least 15 competing marijuana bills, each with a different flavor and vision, have been proposed in the Assembly." Current governor

supports legalization, and vowed to sign a legalization bill in a bid to raise $1.3 billion in revenue. and fulfill a campaign pledge to sign a legalization bill within the first 100 days of his administration. Scutari introduced new legislation to legalize, regulate, and tax marijuana for recreational purposes, the New Jersey Marijuana Legalization Act, on June 7, 2018.

Stephen M. Sweeney Stephen M. Sweeney (born June 11, 1959) is an American politician and labor leader who served in the New Jersey Senate from 2002 to 2022, representing the 3rd legislative district. A member of the Democratic Party, he was the 114th President ...

is a consponsor. In November 2018, a joint panel of the

New Jersey Legislature The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the ...

(composed of assembly members and senators) passed S-2703, as well as separate legislation to expand the state's

expungement In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent o ...

process, including for drug offenses (S-3205). Under S-2703, the possession of up to 1 ounce of marijuana, and the consumption of marijuana in the home or designated areas would become legal; a 12% state sales tax on marijuana would be imposed; and New Jersey municipalities would be given the power to choose to levy an additional 2% tax. The progress of the legalization bill was slowed by legislative gridlock. Governor Murphy and Senate President Sweeney agreed that marijuana should be legalized, but disagree on details. A small number of state Senate Democrats opposed legalization, most vocally "a handful of African-American Democratic lawmakers who split with their party over legalization, arguing that it would be a public health menace to their communities." Senator

Ronald Rice Ronald L. Rice (born December 18, 1945) is a former American Democratic Party politician who has served in the New Jersey State Senate from 1986 to 2022. He represented the 28th Legislative District. Rice is one of the longest-serving state s ...

was a leading opponent of legalization. As a result of their opposition, the proponents of the legislation needed every other Senate Democrat, and possibly several Senate Republicans, in order to secure passage. Negotiations in December 2018 and January 2019 focused on the tax rate for marijuana sales and regulatory oversight. In March 2019, the effort to legalize marijuana in New Jersey collapsed, as Murphy and Sweeney were unable to persuade a majority of senators to back the legislation.

Local restrictions

Although a legalization bill did not pass the state legislature in 2018, a number of municipal governments in New Jersey nevertheless enacted legislation in anticipation of legalization that would ban or restrict marijuana sales and use within those municipalities, including Freehold Township, Oceanport, Cinnaminson Township, Hazlet, Middletown Township,

Brick A brick is a type of block used to build walls, pavements and other elements in masonry construction. Properly, the term ''brick'' denotes a block composed of dried clay, but is now also used informally to denote other chemically cured cons ...

, and Toms River. Freehold, for example, banned the sale of all marijuana (recreational or medical), while

Oakland Oakland is the largest city and the county seat of Alameda County, California, United States. A major West Coast port, Oakland is the largest city in the East Bay region of the San Francisco Bay Area, the third largest city overall in the Bay A ...

banned "retail stores, cultivation facilities, manufacturing, testing, social clubs, cultivation, possession, storing, testing, labeling, transport, delivery, dispensing and distribution" but exempted medical marijuana dispensaries and use.

2020 referendum on recreational use

After the collapse of the 2018-19 efforts to legalize marijuana through the legislature, legislative leaders announced plans to place a marijuana

on the 2020 ballot. In New Jersey, a referendum can be placed on the ballot when the legislature votes to do so by a simple majority in two consecutive years, or a supermajority (60% in both houses) in one year. On December 16, 2019, the bill was passed in both houses with a supermajority, which put the referendum on the 2020 ballot. It passed in the Assembly by a vote of 49–24 (with one abstention) and in the Senate by a vote of 24–16. On November 3, 2020, New Jersey voters approved , an amendment to the state constitution to legalize the recreational use of cannabis by people ages 21 and older, with 67% voting yes and 33% voting no. The amendment provides for the state to establish a regulated market for the cultivation, distribution, and sale of cannabis.

2020 and 2021 legislation

NJ A21 (20R), a legalization and regulation bill, and NJ A1897 (20R), decriminalization, were sent to New Jersey governor

on December 17. Murphy said he would conditionally veto the bills if language on underage possession was not reconciled by January 30. An initial attempt at negotiations on a "clean-up bill" to address underage penalties collapsed due to strong opposition from the Black and Latino caucuses in the legislature, who opposed the legislation on the grounds that police would use the penalties to unfairly target minorities. To address these concerns, the final bill that was passed saw fines for people aged 18–20 caught with marijuana reduced to $50 (from the original $500 maximum fine) and "stationhouse adjustments" for minors replaced with written warnings from police. On January 29, New Jersey A5342 was introduced in committee to address underage penalties in the legalization and decriminalization bills; this marked the second attempt at a clean-up bill. Clean-up bill S3454 was introduced on February 11 after the governor's veto threat and was approved by Senate Judiciary Committee at February 19 hearing, passed 22-12 by the Senate and 49-27 by the Assembly in a February 22 vote and was signed into law by the governor later the same day, along with the decriminalization and legalization bills.

Clean-up bill controversy and amendment

After the underage penalties bill was signed into law alongside the enabling legislation, police organizations and some lawmakers objected to a provision that prohibits police from informing the parents of minors about their child's first alcohol or cannabis possession offense. Under the law, police could only inform the parent or guardian of a person under 18's alcohol or cannabis possession upon their second offense. In response, legislators began working on a revision to the underage penalties statute that would allow police to notify a parent or guardian after a first possession offense. Governor Murphy expressed support for the legislation. On March 25, 2021, both houses of the

unanimously passed an amendment to the underage penalties law requiring police to notify the parent or guardian of a minor about any alcohol or marijuana possession offenses. Murphy signed the legislation into law the following day.

Current regulation

On August 19, 2021, the Cannabis Regulatory Commission (CRC) established the first set of rules and regulations regarding the recreational cannabis industry, as well as beginning the process of handing out licenses to businesses. The new rules covered several categories ranging from personal possession to business regulations.

Personal consumption

The following rules govern personal consumption of recreational cannabis in New Jersey: * Consumers at least 21 or older may purchase and possess up to one ounce of cannabis, or an equivalent amount of cannabis products. * Driving under the influence is prohibited. * It is illegal for anyone under 21 to purchase, possess, or consume cannabis products. * People and entities engaged in activities authorized by the statute and rules are protected from criminal prosecution. * Home cultivation is prohibited.

Equity

The new rules established three types of cannabis businesses that will receive priority review and approval in application processes:Houenou, Diana (Chair). �
Personal Use Cannabis Rules, Special Adopted New Rules: N.J.A.C. 17:30
”

New Jersey Cannabis Regulatory Commission The New Jersey Cannabis Regulatory Commission is a state government agency that regulates the sale of medicinal and recreational marijuana products in New Jersey. Organization The New Jersey Cannabis Regulatory Commission was created through the ...

, Treasury-General. 53 NJR 9(2). 2021-09-20. Retrieved 2022-05-10. * Social equity businesses - owned by those who live in economically disadvantaged areas, which are defined as zip codes whose average median household income is less than 80% of the state average, has a health uninsured rates that is at least 150% of the state rate, and has a poverty rate at least 150% of the statewide rate; or those who have had a previous conviction for a cannabis offense. * Diversely owned businesses - minority-owned, woman-owned, disabled veteran-owned, or any combination of the three. * Impact zone businesses - owned by those located in impact zones, which are defined as municipalities with a large population, high unemployment rate, or high numbers of crime or arrests for marijuana. The new rules set the age to 21 to participate in cannabis businesses. The CRC also established a Social Equity Excise Fee, which is a fee on cultivation that is supposed to increase as consumer prices decrease, whose funds will go toward educational support, economic development, and social support services in Impact Zones. The bill also prioritizes small businesses, referred to as "microbusiness", as a way to allow greater integration from underrepresented communities into the cannabis industry. A microbusiness is defined as a store limited to 10 employees and 2,500 square feet.

Municipality authority

The bill codifies the ordinances that municipalities are able to pass. * Authorize certain types of cannabis businesses. * Set numerical limits to the number of types of businesses operating within their jurisdiction. * Restrict hours of operation and locations of cannabis businesses, such as banning locations near school zones or places of worship. * Create local licensing requirements and penalties. * Restricting type of cultivation allowed. * Establish a 2% transfer tax on cannabis products transferred within their jurisdiction. * Communicate the municipality's preference for licensure to the Commission. However, municipalities are not allowed to pass certain ordinances, such as restriction of cannabis delivery services or transportation.

Municipal banning of marijuana shops

Around 71% (roughly 400) of New Jersey municipalities have already declined or banned the opening of cannabis businesses within their jurisdictions. Municipalities were given until August 22 to determine if they wanted to "opt in" to cannabis businesses or "opt out", as municipalities who opt in are not allowed to opt out for a set number of years, while those who have opted out are allowed to reverse their decision at any point. Not all municipalities have opted out for political reasons, some want to hold off a bit before they allow marijuana businesses in their jurisdictions, such as Camden or

Princeton Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the nine ...

Business regulations

Safety

People must be at least 21 to participate in the cannabis industry. Advertising must be restricted to primarily those of legal age, with TV and radio ads only being allowed between 10PM and 6AM, as well as banning the promotion of overconsumption or making unproven claims. Businesses are required to mask odors and partake in local community discussion, and must have at least one staff member who can respond to any complaints from locals. Within cannabis retail stores, employees are required to have educational materials for customers, which would include things such as the health effects of cannabis use, harm reduction, and indications of abuse. Products are required to be properly labeled with a list of health risks and a hotline to poison control. Packaging that might be appealing to children, such as the use of cartoons, candy, food, and trademarked images, are prohibited. Packaging must also be childproof. Edibles are only permitted in a few certain forms: syrups, pills, tablets, capsules, and chewable forms, while products resembling food like cookies or brownies are prohibited.

Licensing

There are no limits on licenses, with the exception of the retention of the 2 year cap on cultivator licenses at 37, which expires on February 22, 2023. Social Equity Businesses, Diversely-Owned Businesses, and Impact Zone Businesses are prioritized for licensing approval, regardless of when they submit applications. The bill also works to prevent predatory lending, regulating the framework of management services and financial services. There are several types of licenses with different requirements: * Conditional licenses - Applicants are required to submit background information, a criminal background check, and must prove they make less than $200,000 annually ($400,000 for joint filers). If approved, applicants must then solidify a spot for their business, gain control of the property, and gain municipal approval. Once ready, license-holders must then submit things such as operating procedures for the business, an environmental impact plan, a workforce development plan, and a security plan. * Annual licenses - Applicants are required to submit a more detailed application that includes details for the proposed site for the business, which must be owned or leased, municipal approval, zoning approval; and they must also submit an operating summary plan in which applicants detail their experience, history, and knowledge of critical pieces of operating a cannabis business. Microbusinesses are allowed to apply to convert to an annual license, as long as they have been established for at least one year. * Expanded alternative treatment centers - Treatment centers will be able to expand their operations to include personal use cannabis subject to municipal approval. They must certify they have an adequate supply for patients, and the use of sales will not impact patient access. Application fees are set at a low price to reduce barriers to entry, only applicants who are approved pay the full price for applying, paying only 20% of the fee at the time of application, and only paying the remaining 80% should they be approved, with applications starting as low as $100, with those who are approved having to pay between $500-$2,000. Annual license fees are connected to size, with microbusinesses paying as little as $1,000 per year, cultivators with a canopy of 150,000 sq feet paying $50,000 per year, and Alternative Treatment Centers will be required to pay a conversion fee of $300,000 - $1,000,000, depending on their size. Cannabis business employees are required to register with the CRC and pay an annual $25 fee for a Cannabis Business ID Card, with employees being required to undergo a training course. Cultivators are determined by the size of the facility.

Product regulations

Cannabis manufacturing is restricted to secure, enclosed facilities. There is a ban on additives that are deemed harmful, as well as a restriction on percentages of how much additives are allowed. Terpenes are only allowed in vapes in concentrations found naturally. There is a restriction on what types of cannabis products are allowed to be produced: * Cannabis concentrates including extracts and resins * Vaporized formulations * Drops, tinctures, and other sublabial and sublingual forms * Oral lozenges and other buccal forms * Edibles that can only be in the form of syrups, pills, tablets, capsules, and chewables * Topical formulations and transdermal forms Packaging and labeling must be childproof, have a universal warning symbol, have required warning labels, a summary of product testing results, list of ingredients used in cultivation or production, and serving size. Cannabis flower must include potency testing results, indicate if it is high-, moderate-, or low-THC, and whether it is high-, moderate-, or low-CBD. Warning labels will include things such as avoiding use of heavy machinery, avoiding use while pregnant or breastfeeding, and noting that high-potency products may affect mental health. Labels must not have any false information or advertising on it. Labels must not be appealing to children whatsoever. Regulators must pick a date for sales at least 180 days in advance.

"Gifting" loophole

In New Jersey, there is a legal loophole referred to as “gifting.” When “gifting” occurs, the a company sells a negligible product, like a box of cookies, to a customer at an astronomical price, such as $50. Then, when the company delivers the product, it offers a “free gift” of cannabis as a thank-you for the purchase of the cookies. This scheme was believed to have started in Washington, DC after it legalized cannabis but didn’t yet have any licensed dispensaries set up yet. The gifting loophole undermines the regulatory framework that governs the sale and possession of cannabis in the state. The few license holders that do exist in New Jersey have paid hundreds of thousands or even millions of dollars to the license to cultivate and sell cannabis. In June 2021, the New Jersey Attorney General sent warning letters to companies taking advantage of the gifting loophole. Four companies were specifically targeted for the cease and desist letters for committing gifting: Four Sky High Munchies, Slumped Kitchen LLC, NJGreenDirect.com LLC and West Winds Wellness.

Effective date

On April 21, 2022, New Jersey cannabis sales legislation went into effect after the passage of the November 2020 ballot initiative. Nearly $2 million of cannabis was sold on the first day.

References

External links

Cannabis Legalization in New Jersey: A Baseline Study
by th
New Jersey State Policy Lab
at

Rutgers University Rutgers University (; RU), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of four campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's ...

Official website of the Medicinal Marijuana Program
overseen by the

{{Cannabis in the United States