NJ Voters Legalize Marijuana; Can You Be Arrested For Smoking?

NEW JERSEY — Marijuana users across New Jersey are celebrating now that voters have legalized recreational cannabis, according to unofficial results. But after the state’s landmark election on Tuesday, lots of questions still remain about how it will affect people looking to light up in the Garden State.

Here are three things to know about the future of weed in New Jersey. READ MORE: NJ Legalizes Recreational Marijuana, AP Says

SO WHAT’S NEXT?

Here’s what Ballot Question 1 will do:

• Legalize recreational cannabis for adults 21 and over
• Legalize the cultivation, processing and sale of cannabis in a retail setting
• Tax recreational cannabis products at the state sales tax rate of 6.625 percent (local municipalities can add an additional tax up to 2 percent)

However, the ballot question is notably silent on other key aspects of marijuana legalization, including criminal justice, possession limits and home growing.

It’s now up to lawmakers in the state Legislature and the Cannabis Regulatory Commission, which oversees the New Jersey medical marijuana program, to decide on these and other questions.

That could take a while, many experts say. Other states that have legalized cannabis have seen delays that lasted years before a single joint was legally sold to consumers.

New Jersey isn’t alone this election cycle when it comes to marijuana. On Tuesday, voters approved the legalization of medical cannabis access in Mississippi and South Dakota, according to unofficial results. Voters also legalized the possession of recreational marijuana by adults in Arizona, Montana and South Dakota.

In total, 15 states have now either enacted or have voted to enact adult-use legalization laws, while 36 states have either enacted or have voted to enact medical marijuana access laws.

CAN YOU BE ARRESTED FOR SMOKING WEED?

It's unclear what the amendment will mean for thousands of people who have criminal records for marijuana offenses in New Jersey, or who are currently in prison for low-level weed possession.

But there's one thing that is clear as of Wednesday: it’s still illegal to light up in New Jersey unless you’re a registered medical marijuana patient.

Here’s what Attorney General Gurbir Grewal had to say on Wednesday:

“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 yesterday’s vote. While my office will soon issue additional guidance for law enforcement and prosecutors to address this situation, we have reminded them of the broad discretion they already possess in handling low-level marijuana offenses.”

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.

Ami Kachalia, a campaign strategist with the ACLU of New Jersey, said that Tuesday’s vote was a vital first step, but there’s a lot more to be done.

Speaking on behalf of the New Jersey United for Marijuana Reform coalition, Kachalia said:

“Now, we call on New Jersey legislators and the governor to implement the vision of cannabis legalization that voters have pushed forward – one that begins to repair the harms of marijuana prohibition and creates an accessible and inclusive new cannabis industry. In determining the details of implementation, lawmakers must include expungement, community reinvestment, and meaningful opportunities for those most harmed by unjust enforcement of marijuana laws to enter into the industry.”

A “robust” decriminalization bill would help protect New Jersey marijuana users while lawmakers are hammering out the final details, Kachalia said.

• See related article: NJ Bill Would Stop Thousands Of Low-Level Marijuana Arrests
• See related article: Support For Weed Decriminalization Builds In New Jersey

WHERE WILL PEOPLE BE ABLE TO LEGALLY BUY WEED?

For now, locations of recreational dispensaries will be left up to the free market and individual municipalities, which are able to enact laws that ban or allow cannabis sales in their borders.

Some cities, such as Hoboken, have seen a green rush of ganja entrepreneurs seeking to set up shop. Secaucus-based Harmony Dispensary expects to open a dispensary near the Hoboken train station by the end of the calendar year, but two other companies hope to come to that area as well — and now, one is suing the other.

• See related article: Weed Wars In Hoboken: Which Marijuana Dispensary Will Open First?

On the flip side, there are several towns that have chosen to preemptively ban recreational weed sales.

In August, the Lacey Township Committee voted to prohibit the sale of recreational marijuana. The same happened in in Brick and Ocean City in 2019, and Old Bridge and Bridgewater in 2018.

Ultimately, however, the age-old dilemma of supply and demand will be one of the most important factors that decides how fast – and how successful – recreational marijuana sales will be in New Jersey.

It's possible that the state's existing medical cannabis companies could be authorized to sell recreational marijuana to adults. But first, they'd need to show that they have enough inventory to meet their patients' needs, according to Marc Press, co-chair of the cannabis law group at Cole Schotz.

New Jersey’s medical marijuana program has seen chronic shortages and high prices since Murphy expanded it in recent years, with industry experts bemoaning a lack of growing space and cumbersome red tape from the state.

• See related article: New Jersey Marijuana Patients Need Lower Prices, More Weed

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