One of the state’s top lawmakers wants to re-criminalize cannabis for buyers in New Jersey who do not purchase their weed from licensed dispensaries.
But the legislation, sponsored by New Jersey Senate President Nicholas Scutari, has met with significant skepticism from critics.
The bill, S4154, would go after both unlicensed stores that sell cannabis and buyers who purchase weed from illegal sources. Purchasers who buy from unlicensed weed sellers could get up to six months in prison under the proposed law.
“Establishing crimes of selling and even in some cases purchasing marijuana is necessary in order to drive people to a place where they can buy it legally,” Scutari, D-Union, said at a hearing on the bill last month.
“We have a legal marketplace now and there are good reasons for it,” Scutari added.
New Jersey legalized weed in 2021.Adults 21 years and older can buy recreational cannabis at licensed dispensaries around the state.
There are currently no specific penalties for buying unlicensed weed, though distribution of unlicensed cannabis is a crime that can lead to charges depending on the amount sold.
People in New Jersey can possess up to six ounces of weed legally. Possession of more than six ounces can also lead to criminal charges, depending on the amount.
Cannabis dispensaries are currently open in only about 30% of the state’s municipalities, limiting access to legal recreational weed for many purchasers. Towns retain the authority to ban cannabis businesses within their borders.
Opponents of Scutari’s bill say creating a law to punish purchasers of unlicensed cannabis would criminalize weed possession all over again. It could particularly impact residents who live in parts of the state where towns have opted out of weed sales.
Those criticizing the bill also said they are concerned New Jersey has one of the highest priced weed markets in the country. Critics argue high prices already push consumers towards the unlicensed market, making Scutari’s proposed law particularly problematic.
“At the end of the day you want to keep it safe behind the counter, but you keep raising these prices and you’re making it go back to the corner so that people can’t afford it,” NAACP New Jersey President Richard Smith told NJ Advance Media.
The bill was discussed in late May in the Senate Judiciary Committee. Scutari is not a member of the committee but gave testimony at the hearing. Scutari also authored the law that legalized cannabis in 2021. At the hearing, Scutari painted unlicensed stores as a threat to the legal weed market.
People caught selling weed from an unlicensed store could face a third-degree crime with up to 5 years in prison, under the proposed law. Owning more than one store could increase those penalties to a second-degree crime with up to 10 years in prison.
The bill hearing last month was “discussion only,” meaning members of the Senate Judiciary Committee did not have to vote on it. The provision criminalizing the purchase of unlicensed cannabis was the most heavily criticized aspect of the bill during the hearing.
“That is one of the many aspects of the bill that need further clarification and further engagement before it is ready to be voted on by members,” said state Sen. Troy Singleton, D-Burlington.
Singleton acknowledged Scutari was addressing an important issue but said he was concerned the proposed law would impact measures that previously decriminalized cannabis possession.
“His concern is that there is an oversaturation of unlicensed businesses that are threatening the market of regulated businesses,” Singleton said.“How we address that though, so we don’t go back on the history of criminal justice reform … that is where the devil will be in the details.”
Most of the people testifying at the hearing on the legislation were opposed to its passage.
“I don’t think we need to go backwards in re-criminalizing, particularly consumers,” said New Jersey CannaBusiness Association director Bill Caruso.
At the hearing, multiple legislators said current laws about the sale of cannabis at unlicensed stores are not being enforced. They blamed the state Attorney General’s office for not giving clear guidance to local law enforcement.
Caruso also made a similar statement.
“I think the attorney general needs to explain to the elected officials of this body,” he said.
A spokesman for the state Attorney General’s Office disputed the claims that law enforcement officials do not have clear guidance on enforcing existing marijuana laws.
“Prosecutors throughout the State have obtained thousands of convictions for drug distribution violations in the last three years, and officials and law enforcement agencies in every community have an important role to play in interdiction,” said state Attorney General’s Office spokesman Michael Symons.
“But the challenge presented by unregulated marijuana and hemp sales is pervasive. We look forward to continuing to work with the Legislature to address some of the issues and concerns with clarifying legislation, so that unwanted loopholes are closed and further enforcement efforts are successful,” he added.
Some of the unlicensed stores are selling hemp-derived products, which originate from low-THC hemp and are federally legal. However, manufacturers can process hemp to create intoxicating cannabinoids that mimic the effects of cannabis sold in licensed dispensaries.
Legislators have also proposed legislation to close loopholes and regulate the sale of intoxicating hemp.
One bill, A5068, is spearheaded Assemblyman Robert Karabinchak, D-Middlesex, a member of the Agriculture Committee. It would put the oversight of hemp stores under the state’s Department of Agriculture.
Another bill, S4509, co-authored by Scutari, would put the oversight of hemp stores under the state’s Cannabis Regulatory Commission, which already oversees all of the weed stores.
Neither bill has been scheduled for a vote.
Jelani Gibson may be reached at jgibson@njadvancemedia.com.
With some of the highest cannabis prices in the country and dispensaries in only 30% of towns, critics say the proposed penalties will hurt New Jersey consumers. Read More
