FAQs: 2020 Cannabis Election

FAQs: 2020 Cannabis Election - We get a lot of questions about the upcoming election and how it affects the legalization of marijuana in NJ. Interestingly, a new poll revealed that 68 percent of New Jersey voters support adult-use cannabis legalization. This was up from an April poll which found only 61 percent in support.

Read the full proposal for the upcoming New Jersey Marijuana Legalization Amendment here. The read on for some FAQs about the upcoming amendment.

Q: Would retail cannabis stores be licensed?

A: Yes, but the amendment specifics aren’t clear. Right now, it only calls for the state Cannabis Regulatory Committee (CRC) to establish and oversee the adult-use program’s rules and regulations. The CRC currently regulates the state’s medical marijuana program.

Q: What constitutes adult use marijuana?

A: The proposal would amend the state constitution to legalize the cultivation, processing, and sale of retail cannabis, taking effect on January 1, 2021. It would also legalize recreational marijuana use for adults age 21 and older.

Q: Would recreational marijuana get taxed?

A: The sale of adult-use cannabis would be dependent on the standard state sales tax of 6.625%, but the amendment prohibits specific marijuana excise taxes. The state legislature may allow local governments to pile on an additional two percent sales tax.

Q: What is the Current Marijuana Law in NJ?

A: In 2010, New Jersey passed the Compassionate Use Medical Marijuana Act, which was undermined by then-Governor Chris Christie, who has been an aggressive opponent of cannabis legalization from the beginning. This original version legalized medical marijuana and set up regulations surrounding dispensaries.

Then, in 2019, Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act to make improvements to the program. The monthly limits were increased from 2 oz. to 3 oz., medical cannabis edibles for adult use were legalized, and sales tax on cannabis medicine was phased out. Currently, there are 80,000 registered patients and 11 NJ-state-licensed dispensaries.

Q: What Quick Facts Should I Know About the NJ Marijuana Legalization Amendment?

• The amendment would prevent employers and landlords from discriminating against those who have marijuana convictions. It also allows residents to take legal action against any discrimination.
• New Jersey will become the first mid-Atlantic state to legalize adult-use cannabis if the amendment passes.
• The new law would pave the way for an online portal allowing people with marijuana convictions (i.e., possession charges of up to 5 lbs.) to hasten expungements, and it would require pending possession charges to be dismissed or reduced.
• The amendment will set aside at least 25 percent of licenses for residents of “impact zones,” which are cities and towns home to more than 120,000 people, or communities with the highest rates of marijuana crimes, arrests, and unemployment in the state.
• More details are still forthcoming: In addition to licensing procedures, the state Cannabis Regulatory Committee (CRC) and the state Legislature still must determine homegrown possession limits and other basic regulations.

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If you would like more information on the upcoming election and how it affects the legalization of marijuana where you live, contact us through our online form or brush up on some of our previous blogs.