In a move that has sparked significant debate, New Jersey lawmakers are deliberating a bill that would reintroduce criminal penalties for unlicensed cannabis sales and purchases. The proposed legislation, championed by Senate President Nick Scutari (D-Union), aims to curb the proliferation of illicit cannabis operations that have emerged despite the state’s legalization efforts.
Under the bill, operating an unlicensed cannabis business would constitute a third-degree crime, while knowingly purchasing from such entities would be classified as a disorderly persons offense. Individuals orchestrating illegal cannabis networks could face second-degree charges. Scutari, a pivotal figure in New Jersey’s cannabis legalization journey, contends that the measure is necessary to protect the integrity of the legal market and public safety.
“We have a problem where people are opening up brick-and-mortar stores, small stores, unlicensed to sell these products,” Scutari stated during a Senate Judiciary Committee hearing. “We need to do something more about those brick-and-mortar stores, but we also need to continue to fight back against drug dealers because those are alive and well.”
However, the proposal has met with resistance from cannabis advocates and civil rights organizations. Critics argue that recriminalization contradicts the objectives of legalization, particularly in addressing past injustices related to cannabis prohibition. Larry Grant, a cancer survivor and board member of the Coalition for Medical Marijuana, expressed concern that the bill could adversely affect patients relying on cannabis for therapeutic purposes.
“People with cancer or chronic pain disability could be arrested simply for accessing a plant that helps them survive,” Grant remarked. “Recriminalization is not regulation. It’s retaliation.”
The bill’s introduction comes amid ongoing challenges in New Jersey’s cannabis market. Despite the legalization of recreational cannabis in 2020 and the commencement of sales in April 2022, the state has witnessed a surge in unregulated cannabis products, often sold in convenience stores and gas stations. Lawmakers have voiced frustration over the perceived lack of enforcement against these illicit operations.
Senator Mike Testa criticized Attorney General Matt Platkin for what he described as “absentee” leadership in enforcing cannabis laws. Similarly, Senator Jon Bramnick emphasized the importance of upholding legal standards to maintain public trust.
In response, a spokesperson for the Attorney General’s Office affirmed their commitment to enforcing cannabis regulations and acknowledged the complexities posed by unregulated sales. “The challenge presented by unregulated marijuana and hemp sales is pervasive,” the spokesperson noted, adding that the office looks forward to collaborating with the Legislature to address these issues.
As the debate continues, stakeholders from various sectors are calling for a balanced approach that reinforces the legal cannabis market without reverting to punitive measures that could disproportionately impact marginalized communities. The bill has yet to receive a vote in the committee and currently lacks a companion measure in the Assembly.