The State of the New Jersey "Stoned" Age

New Jersey residents won’t be passing each other the blunt this October as lawmakers fail yet again to meet a recreational marijuana legalization deadline. Disagreements over tax rates on pot seem to be the hold up. Sources told Politico that NJ Governor Phil Murphy has proposed a 25 percent rate, more than double what Senate President Stephen Sweeney, D-Gloucester, has in mind. “Twelve percent is as high as I’ll go,” he said to NJ Advance Media on October 9th.

After failing to meet his campaign promise within his first 100 days as governor, it is still hazy 10 months into his term when, and if, legalization of recreational marijuana will occur prior to the end of the year. The state Legislature was expected to vote on October 29th, however, Democratic Assembly Speaker Craig Coughlin said on October 23rd that he doesn’t expect that to occur. His prediction came true, as the date came and went with no progression towards legalization. Senator Ron Rice, D-Essex, has voiced his opposition for the movement although 62 percent of New Jersey voters are in favor of allowing adults to legally possess small amounts of marijuana according to an August 2018 poll by Quinnipiac University.

The Governor’s Fiscal Year 2019 Budget states that the Administration plans to legalize adult-use marijuana by January 1, 2019, proposing $80 million dollars in new revenue from the legalization alone. States like Colorado have used the money gained from the taxation of legal recreational marijuana to create a “Marijuana Tax Cash Fund,” which Colorado’s Distribution of Marijuana Tax Revenue Issue Brief states is used for health care, health education, substance abuse prevention and treatment programs, and law enforcement. The use of these funds for any purpose other than the described would require a change in law.

Findings in a report conducted by the American Civil Liberties Union of New Jersey show that police make a marijuana possession arrest on average every 22 minutes. The ACLU also states that NJ wastes more than $143 million per year to enforce marijuana possession laws. Totaled with the cost of police, courts, and corrections, the total expenditure on illegal marijuana enforcement has reached more than $1 billion over the past 10 years.

The FBI Uniform Crime Report from the 2012-2016 census shows that New Jersey claims the third spot for total marijuana arrests in the country. FBI data shows that total marijuana arrests in the state rose shy of 27 percent from 2015 to 2016, increasing from 28,148 to 37500. Shenandoah University criminal justice professor Jon Gettman told NJ.com that the likelihood for the volume of arrests is likely due to increased police activity in the state. The Bureau of Labor Statistics Census of State and Local Law Enforcement Agencies shows that New Jersey boasts some of the largest numbers of law enforcement personnel in the country. Providing an opportunity for those facing or convicted of minor marijuana offenses to file a petition for their convictions to be expunged, the proposed bill would rectify the consequences of the illegality of the drug.

While state laws don’t allow recreational use just yet, Murphy has made bigger strides in expanding New Jersey’s medicinal program, adding anxiety, migraines, Tourette’s syndrome, and two types of chronic pain among other conditions to the list that qualifies eligible patients in March of 2018. According to Health Department Commissioner Dr. Shereef Elnahal, 9,000 patients have been added over the last three months. Over 32,000 people in the state now have access to medicinal marijuana.

The State Department of Health website states that to become a medicinal marijuana patient, the patient must “establish a bona fide relationship with an approved physician and the physician must certify that the patient has one of the approved debilitating conditions.” At least a year-long relationship with the certified physician or four visits assessing the medical condition for which medicinal marijuana would provide aid are necessary conditions to qualify a “bona fide” relationship. Following that, if the physician deems that a patient qualifies for the program, registrants are responsible for a $100 fee to obtain entry into the program.

A growing number of participants has put some strain on the supply and demand ratio of medicinal marijuana in NJ. To provide for the increased demand, Gov. Murphy proposed the addition of 6 new dispensaries in July of 2018, which would double the amount currently operating within the state. The expansion has already begun with the opening of the Harmony Foundation Dispensary in Secaucus, NJ on June 18th, 2018.

For NJ residents interested in actively monitoring the process of recreational legalization, NJ.com has created a resource called NJ Cannabis Insider, however the service comes at a price. Interested parties can opt for a yearly subscription to the tune of $299, or a monthly non-contractual subscription for $29.99. The service touts “exclusive reporting” and “premium insider benefits” to entice potential subscribers.








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