NJ marijuana legalization clears first hurdle after legal weed vote

TRENTON — New Jersey is officially one step closer to legal weed after a rare joint panel of lawmakers from the Senate and Assembly approved a bill on Monday to regulate, tax and legalize marijuana.

Legislative committees also approved measures to expand the state's medical marijuana program and overhaul the rules for expunging drug-related and other crimes.

The legalization bill was approved 7-4 with two abstentions by members of the Senate budget committee and 7-2 with one abstention by those on the Assembly appropriations committee. All three measures can now head to votes in the full Senate and Assembly, where their chances of success are less clear.

Many lawmakers remain hesitant to end a long-standing prohibition on marijuana, while Gov. Phil Murphy, who supports legalization but can veto legislation he doesn't like, has yet to endorse the proposal put forth by Democratic leaders in the Legislature.

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What's next?:Here's what still needs to happen before weed is legal in New Jersey

When asked about the legalization bill at an unrelated event Monday, the governor declined to comment on specifics, offering only that he was “encouraged that it’s moving in the right direction.”

“It’s too early to tell as it relates to exactly the elements that ultimately are in there,” said Murphy, who has been at odds with lawmakers over how to regulate the new industry and how much to tax it. “We’ll see, but I'm happy to see the progress.”

Senate President Stephen Sweeney, D-Gloucester, said in an interview Monday that he wouldn't post the bill for a vote in the full Senate until it has Murphy's support. The next possible votes by the full Senate and Assembly are in mid-December.

"Until we can come to an agreement, we can't send a bill to him," Sweeney said.

But it is not clear if the bill has enough votes to get through the Senate or Assembly. While support has split largely along party lines, with more Democrats in favor, a number of notable Democrats have taken a stand against legalization.

The Statehouse on Monday was packed with lobbyists and activists who testified for more than four hours. One committee room became so crowded that state troopers had to stand in front of the doors to prevent more people from entering.

Most people were there for the marijuana legalization bill, S-2703, which would make it legal to possess up to 1 ounce of marijuana and consume it at home or in specifically designated areas. The bill establishes a 12 percent state tax rate on marijuana purchases, while municipalities could impose an additional 2 percent tax.

The bill also calls for the expungement of marijuana crimes that would now be considered legal.

Other measures approved Monday received less attention but would also have far-reaching effects on the state. 

One measure, S-10, would expand the state’s medical marijuana program by increasing the monthly medical marijuana cap from 2 ounces to 3 ounces per patient, legalizing edible forms of medical marijuana for adults and jump-starting the permitting process for new medical marijuana dispensaries, manufacturers and cultivators.

Another, S-3205, would make major changes to how New Jersey handles expungements. It would make more crimes eligible for expungement — including offenses involving controlled dangerous substances — and cut down the wait time to five years. It also includes a "clean slate" process that would wipe away all offenses at once for anyone who has a clean record for 10 years after their last offense. Many more serious crimes would not be eligible expungement.

MORE:Murphy, lawmakers hashing out marijuana legalization bills

DIVE IN:An in-depth look at the marijuana bills up for a vote

Despite the uncertainty surrounding the fate of their effort, lawmakers who have been crafting the legalization bill spoke in grand terms about the significance of Monday's votes. If the measure becomes law, New Jersey would become the 11th state to allow adults to possess and use small amounts of marijuana.

"This will stimulate the economy of New Jersey like nothing ever has before," said Sen. Nicholas Scutari, D-Union, a sponsor of the legislation. "We’re on the precipice of a historic event here, starting something and creating jobs like no other Legislature has done before. We have that opportunity."

"We stand on the verge a major change here in New Jersey," added Assemblyman John Burzichelli, D-Gloucester. "It’s been a long road, but today we’re on the verge of something very significant, and it’s not something that’s been done haplessly or recklessly. As we go through this bill, there's a great deal of thought reflected."

But opponents were also out in force Monday.

Sen. Ronald Rice, D-Essex, an adversary of legal weed since lawmakers first started considering the issue, called the bill a “slap in the face to people of color” that failed to take into account any regular person living in an urban area.

“No one is actually going out to talk to the day-care and preschool parents," Rice said. “The endgame of the legalization of recreational marijuana is making more money for white investors.”

U.S. Rep. Patrick Kennedy III, D-Rhode Island, testified on behalf of New Jersey Responsible Approaches to Marijuana Policy, a state chapter of Smart Approaches to Marijuana, a national advocacy group that opposes marijuana legalization. 

“How can it help us to have another drug on the market that’s going to be commercially promoted to get more people to use it?” Kennedy said in an interview. “I just think it’s bad public policy. I’m a father of five children, and I don’t want this stuff actively promoted. It’s the new Big Tobacco.”

And Monmouth County Sheriff Shaun Golden said there would be unforeseen costs, as local municipalities would have to hire more Drug Recognition Experts — specially trained police officers dispatched to identify whether a driver is under the influence of drugs — and assign officers to search through records by hand as part of the legislation’s overhaul of the expungement process.

“Money has to be addressed down at the law enforcement level, to allow us to train and hire staff,” Golden said. “All of your local municipalities will have to cover some of that cost. … It’s the closest thing we have to detection. This will incur costs for the local municipalities that we have to cover while officers are being trained.”

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If the marijuana legalization bill is signed into law as written, the Garden State would have one of the lowest effective tax rates in the country. Oregon, California, Michigan and Massachusetts all impose excise, sales or other taxes that add up to more than 15 percent. Other states, such as Washington, Nevada and Colorado, have effective tax rates of at least 25 percent.

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Other aspects of the legislation would also make New Jersey different from other states. Dispensaries would be allowed to open separate "consumption areas," where marijuana customers could consume the product as long as the local government approves them. In most other states where the recreational use of marijuana is legal, users are allowed to consume the drug only at home. 

And New Jersey would be just the fourth state with legal weed delivery services, allowing dispensaries to invest in secure fleets of delivery vehicles or hire independent vendors.

What’s the status of marijuana legalization and what will it mean for your community? Join our Facebook group, Let's Talk About Marijuana, at fb.com/groups/WeedNJ to discuss what's going on in your town, in the world of cannabis and with the social justice issues at the center of it all.

Mike Davis: @byMikeDavis: 732-643-4223; mdavis@gannettnj.com

Nicholas Pugliese: pugliese@northjersey.com