Marijuana Is Now Officially Legal In New Jersey

TRENTON, NJ — Gov. Phil Murphy signed three bills into law on Monday that make adult use of marijuana officially legal, and decriminalize small amounts of marijuana possession in New Jersey.

New Jersey becomes the 13th state in the nation to legalize weed, joining states like California, Colorado, Maine, Vermont and Massachusetts where pot is legal. The Pennsylvania state Legislature is considering legalizing marijuana next.

After the legislation was approved, state officials also moved to dismiss pending marijuana charges and end arrests. Read more: NJ Low-Level Marijuana Arrests To Stop, Charges To Be Dismissed

The bills also limit the use of previous marijuana convictions and create what Murphy says will be a "carefully regulated" cannabis marketplace that he said will give the state an economic boost.

"As of this moment, New Jersey's indefensible marijuana laws — which permanently stain the records of many residents and short-circuited their futures, and which disproportionately hurt communities of color — are no more," said Murphy.

"In their places are laws that will usher in a new industry based on equity and will reinvest dollars into communities," he said.

In November, a majority New Jersey voters (more than 70 percent) supported legalizing marijuana, via a change to the state's constitution. However, because no law existed on the books, for the past three months police in New Jersey continued to arrest more than 6,000 people for low-level marijuana possession.

“The enactment of these laws is long overdue,” said Carly Wolf of NORML, a group that supports marijuana legalization. "Going forward, tens of thousands of otherwise law-abiding New Jerseyans will no longer be subject to arrest and a criminal record for their personal use of marijuana.”

Here are New Jersey's three new marijuana laws, effective immediately, and what they mean:

• New Jersey adults may legally purchase up to one ounce of marijuana.
• Adults can have up to six ounces of marijuana on them without facing any criminal or civil penalties.
• Criminal penalties will be reduced for those found with larger quantities (distribution of more than one ounce but less than five pounds).
• Retail marijuana sales are subject to state sales tax, and seventy percent of that tax revenue will be given to lower-income communities.
• A New Jersey Cannabis Regulatory Commission will be established and will oversee the applications for licensing of cannabis businesses.
• New Jersey will give out licenses to 37 marijuana growers for the first two years. The ACLU criticized this, saying there was no need to cap it at 37. They also said they'll continue to push for home grow, which will not be legal in New Jersey.
• New Jersey's existing medical pot shops will be among those eligible to sell to the public, another thing the ACLU said was an unfair advantage.
• For those already charged with marijuana, the bill also creates an immediate pathway to vacate active sentences. Pending marijuana charges and cases will also be dismissed.
• Those under 21 found with weed will be given a series of written warnings, rather than criminal penalties or fines. Third-time juvenile offenders could receive community service.
• The law also restricts police from conducting searches of juveniles based solely on the odor of marijuana.

The last point was an issue of contention for Murphy, who believed that the initial legislation did not go far enough to address underaged usage.

Any person who is under 18 years of age, and who knowingly possesses or consumes a cannabis item in any school, public place or motor vehicle will be subject to a variety of consequences. They include:

• For a first violation, a written warning would be issued by a law enforcement officer to the underage person. The written warning shall include the person's name, address and date of birth and details of the probable cause.
• For a second violation, a written warning is issued to the underage person and also provided to the parent, guardian or other person having legal custody.
• The written notification would include a referral to a public or private agency or organization used to fund community, mentoring or substance-abuse services.
• For a third or subsequent violation, a civil penalty of up to $50 or the performance of community service in lieu of payment could be imposed.
• Since a person under the legal age to purchase cannabis items "is not capable of giving lawful consent to a search," a law enforcement officer could not request one.
• The odor of marijuana, hashish, cannabis or any cannabis item would not constitute reasonable suspicion to initiate an investigation.
• The unconcealed possession of an alcoholic beverage, marijuana, hashish or cannabis item observed in plain sight would not constitute probable cause to initiate a search of a person or that person's personal property
• A person under the legal age to purchase cannabis items would not be subject to arrest, and would not be subject to detention or otherwise be taken into custody by a law enforcement officer
• Any money from civil fines will help find substance use and community service programs

Also, anyone who distributes marijuana to underage people could be subject to a $250 fine for their first offense, at least $500 for the second and $1,000 for each subsequent violation.

The issue of minors is where New Jersey Republicans and police found fault: The NJ State PBA (police union) put out a Facebook statement Monday, warning police the new law "dangerously ties your hands."

"The mere smell of marijuana and its use in your presence will no longer be grounds to search an individual," warned the police union. "The new law states a law enforcement officer no longer has probable cause to search a minor for illegally using marijuana or alcohol. And if an officer violates a minor’s rights by using pot or alcohol as the reason for a search, then the officer will be charged with deprivation of civil rights."

"We are urging every member of law enforcement to avoid approaching people with marijuana until a proper legal analysis and direction can be developed," said the union.

Republicans and others said there are not enough safeguards in place for children.

Dr. Kevin Sabet, president of Smart Approaches to Marijuana (SAM) and its New Jersey affiliate, New Jersey Responsible Approaches to Marijuana Policy (NJ-RAMP), said he is very worried about the rise of youth marijuana use in so-called "legal" states. Dr. Sabet pointed out that the marijuana being smoked today is much more potent than it was decades ago, and marijuana use in teens has been linked to mental illness and poor academic performance.

"Not only does this bill take a hands-off approach to underage marijuana use, but it also lowers penalties for underage use of alcohol and only requires parental notification for repeat offenders," said Dr. Sabet, who worked as a White House drug czar under Presidents George W. Bush and Obama. "In short, this bill is nothing more than a slap in the face to the public health community."

If police smell marijuana in the car, they are not allowed to investigate, said Assembly Republican Jon Bramnick (R-Union.) Similarly, if they find marijuana on a teen, they cannot notify the child’s parents.

“There are virtually no penalties for kids who decide that they want to use marijuana and alcohol,” said Bramnick. “Parents are left out of the equation, and that has nothing to do with social justice. Police and parents will not be able to do anything, and kids will know that. Democrats have lost their grasp on reality.”

Murphy said having marijuana legalized in New Jersey will allow law enforcement to focus its sights on more-serious crimes.

It wasn't immediately clear when marijuana will be sold in stores. Murphy acknowledged that a commission will help address that issue, and it could take six months to a year.

Ever since that November vote, Murphy acknowledged turning the bill into law been a slog in Trenton, particularly over the issues of law enforcement and how the cannabis marketplace would be created. Read more: NJ Near Possible Deal On Marijuana Legalization

"Although this process has taken longer than anticipated, I believe it is ending in the right place and will ultimately serve as a national model," said Murphy. "I'm grateful to all our legislative members who kept working and talking even when things ground to a halt. Especially the legislative Black and Hispanic caucuses and their chairs."

An analysis of nationwide arrest data published in 2018 reported that New Jersey ranked third in the nation in total marijuana arrests and second only to Wyoming in per capita marijuana arrests.

It also wasn't immediately clear what approach police will take in the immediate future. Some New Jersey towns, such as Secaucus, Toms River and Old Bridge, have already passed or said they intend to pass laws banning marijuana from being sold within their jurisdictions. However, even the legality of those "town bans" remains unclear, as it is unknown if towns have the power to supersede state law.

Provisions in the bill allowing the use and possession of marijuana take effect immediately.

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