Emotions ran high in the Senate Judiciary Committee meeting when S21 Sca (1R) was advanced. The bill is entitled “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act”; legalizes personal use cannabis for certain adults, subject to regulation by Cannabis Regulatory Commission; removes marijuana as Schedule I drug.

The bill, sponsored by Chairman Nicholas P. Scutari and Senate President Stephen Sweeney, was the subject of lively discussion by various advocacy groups and representatives thereof. One of the concerns raised by the bill was the matter of the definition of social equity and that lacking it, the matter would be left to the municipalities to decide.

Senator Vin Gopal thanked Chairman Scutari for his hard work he put towards the bill.

“I’d like to congratulate the chairman for a huge effort,” Senator Sweeney said. “Nothing we do here is perfect, as much as we try, I don’t like the caps, but we negotiated a bill. The purpose of the Marijuana Commission is to grow this industry as we did the casino industry. We could never legislate everything here, that’s just a reality. There’s no question we will be back in a year or two saying there was an unintended consequence and we will fix that. We all want a drug free work place but the reality is you can’t regulate what someone does on their own time. I think there’s movement in recognizing you have the ability to test a worker. I vote yes.”

Senator Sarlo said that he could not yet bring himself to vote for the bill. “A century ago people were trying to do the same thing we are, perhaps a lot more complicated today than it was a century ago. I commend the sponsor and those who worked on this staff, Chairman Scutari has been on the forefront for many years. The people have spoken loud and clear. Every time I read this I struggle more, I get confused on what we can and can’t do. This is not just about protecting employers but employees.” Sarlo referred to the unintended consequences Sweeney predicted, but decided not to vote in favor. “But I don’t want the unintended consequences.” Sarlo placed his hopes on real-time testing in the future. “We clarified you can’t be impaired. Real time testing, that solves all the problems more effectively. I think we’ll have it pretty quickly in New Jersey. I thought the business groups–every group comes with a new set of amendments, every industry was covered under one set of amendments the chairman was able to work with. At this point I cannot support this. For me to go back out to those who employ so many folks, people still don’t know what they can and can’t do. Are employees subject to testing or not? Federal regulations? I know we can’t regulate everything, we need a little more time.”

Senator Scutari thanked Senator Sweeney, who he took on a trip to visit Colorado “on my quest the legalize marijuana in New Jersey.” Scutari said the Colorado regulators “sent us dozens of their staff to educate us and I appreciate that. Senator Sweeney was not the biggest proponent but at the end of the trip he agreed with me.”

Scutari’s energy and determination was evident, and he even acknowledged that he may have ruffled feathers in the process. “To the business groups I apologize if I came off hard, I’m passionate about this bill and I’ve tried to stay open minded about what people brought to me. This was a bad system based on racism, destroyed opportunities for people, that’s what got me motivated. January 1 is a few weeks away, what do we do? What do you do if we don’t get this passed? We’ll have a constitutional crisis like you’ve never seen before. We’ll have shirked our responsibility to the public that they have commanded us by 2 to 1, if we don’t get this done—work with me! Thank you for indulging me on this. I think you’ll find the bill we put together here with thousands of hours, and with our governor, without his support it wouldn’t have passed. Thank you, my vote is yes.”

The Senate Majority Office released the following statement upon the SJU’s passage of the bill:

Bill Implementing Adult-Use Marijuana Referendum Advances in Senate

TRENTON – Acting to implement the public referendum legalizing adult-use marijuana approved by the voters, the Senate Judiciary Committee today approved legislation sponsored by Senator Nicholas Scutari and Senate President Steve Sweeney that will create the organizational and regulatory system needed to oversee the operations of the cannabis industry in New Jersey.

“By implementing a regulated system that allows people age 21 and over to purchase limited amounts of marijuana for personal use we will bring marijuana out of the underground market where it can be controlled, regulated and taxed, just as alcohol has been for decades,” said Senator Scutari (D-Union), the leading advocate of legalizing adult-use marijuana in New Jersey. “As a municipal prosecutor, I have seen the effects of the so-called ‘War on Drugs’ with failed laws that have a prejudicial impact on communities of color. Too many people are arrested, incarcerated and left with criminal records that disrupt and even destroy their lives. New Jersey can be a national leader in legalizing a once stigmatized drug.”

The legislation, S-21, would dedicate 70 percent of the sales tax revenue and 100 percent of the “Social Equity Excise Fees” on cultivators to aid “impact zones,” the communities hurt most by the drug laws. The remaining 30 percent of the sales tax revenue would fund the operations of the Regulatory Commission and support state, county and municipal law enforcement in training and equipment for Drug Recognition Experts.

“This is a historic step forward for New Jersey that will put us in the forefront of the reform movement,” said Senator Sweeney (D-Gloucester/Salem/Cumberland). “We will now be able to move forward to correct social and legal injustices that have had a discriminatory impact on communities of color at the same time that marijuana is regulated and made legal for adults. This represents a significant change in public policy that will have a real-life impact on social justice, law enforcement and the state’s economy.”

Senator Sweeney said the creation of a new cannabis industry in New Jersey with cultivators, processors, wholesalers, distributors, retailers and deliverers could create thousands of jobs in sales, production and related services. The new cannabis industry could create 43,000 jobs in the state, he said. New Jersey will be the largest state in the Northeast to legalize the recreational use of marijuana.

The measure would cap the number of cannabis facilities at 37 for the first 24 months after enactment of the legislation.

Municipalities would be allowed to prohibit marijuana businesses in their communities. Those that choose to allow them would be allowed to collect a two-percent tax and retain the revenue.

In addition to doing away with criminal penalties that have been disproportionately imposed on minority communities, the bill includes other social justice provisions, including business incentives for minorities, women and disabled veterans to help them participate in the industry.

The estimated $143 million now spent in New Jersey to enforce marijuana laws could be used by law enforcement to combat serious crimes, said Senator Scutari, who serves as chairman of the Senate Judiciary Committee.

The cannabis law and operations would be governed by a five-member Cannabis Regulatory Commission, which will adopt regulations to govern the industry. The commission includes three members appointed by the Governor and one each recommended by the Assembly Speaker and the Senate President.

The committee vote on the bill was 6-5. The measure now goes to the full Senate.