Cannabis in New Jersey

An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.

As a follow-up to passage of Question 1, in December 2020 the legislature passed legislation creating a recreational marketplace.

[1][2][3] Disagreements between the governor and legislature over the lack of underage penalties in the legislation decriminalizing cannabis led to the effective date of cannabis legalization being delayed from January 1 until February 22, and police continued to arrest residents for marijuana offenses regularly during that time period.

)[9] Perennial candidate Ed Forchion – known as "NJ Weedman" – has been described by NJ.com as "one of New Jersey's best known marijuana legalization advocates.

[10] Forchion has been convicted of violating New Jersey's marijuana laws several times;[10] in 2015, the New Jersey Superior Court, Appellate Division, affirmed one of his convictions, rejecting Forchion's contention that the criminalization of marijuana violated his constitutional rights under the state and federal constitutions.

[11] Recent public opinion polls has found that New Jersey voters are split on the issue of legalization, with proponents having a slight edge.

In 2015, Rutgers Eagleton Institute of Politics conducted a public opinion poll of New Jerseyans, asking whether they supported legalizing, taxing, and regulating the use of marijuana.

[12] A Reuters-Eagleton poll in 2018 showed similar results, with 58% supporting and 37% opposing the complete legalization of "the possession and personal use of recreational marijuana.

On January 18, 2010, outgoing governor Jon Corzine signed a number of bills into law on his last day in office, including S. 119, the Compassionate Use Medical Marijuana Act, permitting the use of medical cannabis for persons with listed conditions: cancer, glaucoma, multiple sclerosis, HIV/AIDS, seizure disorder, Lou Gehrig's disease, severe muscle spasms, muscular dystrophy, inflammatory bowel disease, Crohn's disease and any terminal illness (defined as an illness for which a physician certifies that the patient will die within one year).

The law allows the New Jersey health department to create rules to add other illnesses to the list.

The law did not allow patients to grow their own marijuana; instead, the plant must be acquired through "alternate treatment centers" licensed by the state.

[16] In 2013, the parents of a two-year-old with Dravet syndrome confronted Christie, who signed a bill allowing access for sick children to medical marijuana[17] in what was later dubbed the "pot for tots" controversy.

[24] Christie generally opposed efforts by advocates and legislators to add new illnesses to the list of qualifying conditions, but nevertheless in 2016 Christie signed into law a measure, sponsored by state Senator Joseph Vitale, that added post-traumatic stress disorder to the list of disorders making a patient eligible for the program.

[25] In 2017, the state Medicinal Marijuana Review Panel, in a 5–1 vote, recommended that a number of conditions be added to the list of medical marijuana-qualifying conditions in New Jersey, including migraines, Tourette syndrome, autism-related anxiety, and Alzheimer's disease-related anxiety, as well as chronic pain if "related to a broad range of ailments, including opioid use disorder, arthritis, back and neck pain, sciatica, diabetes, surgeries, injuries, neuropathy, Lyme disease, lupus, fibromyalgia, irritable bowel syndrome, pancreatitis, and others.

[26] The bill would have allowed physician assistants and advanced practice registered nurses to prescribe medical marijuana to patients.

[29] Beginning July 1, 2022, the sales tax on medical cannabis products purchased at licensed dispensaries was fully repealed.

[30] The state’s Cannabis Regulatory Commission held a meeting in April 2022, after being pushed by the legislature, in order to work through a backlog of applications.

[31] In May 2017, state Senator Nicholas Scutari, a Democrat from Union, introduced legislation to legalize marijuana in New Jersey for recreational purposes.

[41] In November 2018, a joint panel of the New Jersey Legislature (composed of assembly members and senators) passed S-2703, as well as separate legislation to expand the state's expungement process, including for drug offenses (S-3205).

[45] In March 2019, the effort to legalize marijuana in New Jersey collapsed, as Murphy and Sweeney were unable to persuade a majority of senators to back the legislation.

[46] Freehold, for example, banned the sale of all marijuana (recreational or medical),[46] while Oakland banned "retail stores, cultivation facilities, manufacturing, testing, social clubs, cultivation, possession, storing, testing, labeling, transport, delivery, dispensing and distribution" but exempted medical marijuana dispensaries and use.

In response, legislators began working on a revision to the underage penalties statute that would allow police to notify a parent or guardian after a first possession offense.

[61] On March 25, 2021, both houses of the New Jersey Legislature unanimously passed an amendment to the underage penalties law requiring police to notify the parent or guardian of a minor about any alcohol or marijuana possession offenses.

[64][65] The following rules govern personal consumption of recreational cannabis in New Jersey:[66] The new rules established three types of cannabis businesses that will receive priority review and approval in application processes:[67] The CRC also established a Social Equity Excise Fee, which is a fee on cultivation that is supposed to increase as consumer prices decrease, whose funds will go toward educational support, economic development, and social support services in Impact Zones.

[67] The bill also prioritizes small businesses, referred to as "microbusiness", as a way to allow greater integration from underrepresented communities into the cannabis industry.

Not all municipalities have opted out for political reasons, some want to hold off a bit before they allow marijuana businesses in their jurisdictions, such as Camden or Princeton.

[66] Advertising must be restricted to primarily those of legal age, with TV and radio ads only being allowed between 10PM and 6AM,[70] as well as banning the promotion of overconsumption or making unproven claims.

When "gifting" occurs, a company sells a negligible product (like a box of cookies) to a customer at an astronomical price, such as $50.

This scheme was believed to have started in Washington, DC after it legalized cannabis but didn't yet have any licensed dispensaries set up yet.

[71][72] In June 2021, the New Jersey Attorney General sent warning letters to companies taking advantage of the gifting loophole.