Cannabis Legalization in New Jersey
NJ Marijuana Growing Laws
NJ Marijuana | Cannabis Legalization in New Jersey
NJ marijuana legalization could spark the legalization movement in the tri-state area. With New York and Pennsylvania working on cannabis initiatives, the east coast could see some legalization movement in the near future. New Jerseyans will be voting on recreational cannabis this November and a recent poll suggested that 68% of New Jerseyans approve of adult-use cannabis. The governor of New Jersey called legalizing cannabis a “no-brainer” after the economic fallout from the coronavirus. New Jersey cannabis lawyer, Jessica F. Gonzalez, joined us to discuss what the cannabis market will look like in NJ if the measure passes.
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New Jersey Marijuana Legalization Amendment
New Jersey is on its way to legalize the adult-use of cannabis. On November 3rd, 2020, the voters will decide on an amendment to the state constitution of New Jersey to legalize the recreational use of cannabis for adults age 21 or older, including the legalization of its cultivation, processing and retail sale.
Are you interested in either personal or business purposes? Here is all you need to know about this law.
CONSTITUTIONAL AMENDMENT TO LEGALIZE MARIJUANA
Do you approve amending the Constitution to legalize a controlled form of marijuana called “cannabis”?
Only adults at least 21 years of age could use cannabis. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market.
Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.
The amendment would take effect on January 1st, 2021. The Department of Health oversees New Jersey’s medical marijuana market and the new market of adult-use cannabis in NJ would be overseen by the Cannabis Regulatory Commission once the commission is established.
This amendment would legalize a controlled form of marijuana called “cannabis.” Only persons at least 21 years of age could use cannabis products legally.
The Cannabis Regulatory Commission would oversee the new adult cannabis market. This commission was created in2019 to oversee the State’s medical cannabis program. The scope of the commission’s new authority would be detailed in laws enacted by the Legislature.
All retail sales of cannabis products in the new adult cannabis market would be subject to the State’s sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.
New Jersey Weed Laws
Is weed legal in New Jersey?
NJ marijuana laws do make room for a medical marijuana program but unfortunately, New Jersey is still one of the top three states for marijuana arrests. According to NORML, anyone possessing 50 grams or less could face up to 6 months in prison and face a $1,000 fine.
New Jersey Marijuana Possession Limits
NJ marijuana laws currently do not allow the possession of recreational cannabis. The ballot measure does not provide any specifics about possession limits. This means that once the amendment is approved, additional laws and regulations will have to be enacted. The same goes for home-grow rules and retail sales regulations.
New Jersey Marijuana Taxes
NJ marijuana taxes, provided that the amendment passes, would apply the state’s sales tax of 6.625% to recreational cannabis, any additional state sales tax is prohibited. However, local governments could be authorized to enact an additional sales tax up to 2% on recreational cannabis.
Amend Article IV, Section VII by adding a new paragraph 13 to read as follows:
- The growth, cultivation, processing, manufacturing, preparing, packaging, transferring, and retail purchasing and consumption of cannabis, or products created from or which include cannabis, by persons 21 years of age or older, and not by persons under 21 years of age, shall be lawful and subject to regulation by the Cannabis Regulatory Commission created by P.L.2019, c.153 (C.24:6I-5.1 et al.), or any successor to that commission.
(1) The commission’s or successor’s regulatory authority concerning legalized cannabis shall be authorized by law enacted by the Legislature.
(2) The receipts from retail purchases of cannabis or products created from or which include cannabis shall only be subject to the tax imposed under the “Sales and Use Tax Act,” P.L.1966, c.30(C.54:32B-1 et. seq.), as amended and supplemented, or any other subsequent law of similar effect; provided, however, that a municipality, subject to authorization by law enacted by the Legislature, may adopt an ordinance to impose an additional municipal tax on the sale, or any other form of transfer, of cannabis or products created from or which include cannabis by an authorized party located in a municipality. The municipal tax rate shall not exceed two percent of the receipts from each sale of cannabis or products created from or which include cannabis by an authorized party or the equivalent value from any other form of transfer by an authorized party.
As used in this paragraph:
“Cannabis” means all parts of the plant Genus Cannabis L.,whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. “Cannabis” does not include: cannabis dispensed and consumed for medical purposes pursuant to any law enacted by the Legislature; hemp or hemp products subject to regulation under the“New Jersey Hemp Farming Act,” P.L.2019, c.238 (C.4:28-6 et al.), or any successor enactment thereto; or unregulated cannabis,referred to as marijuana, and products created from or which include marijuana.
- When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.
- This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:
There shall be printed on each official ballot to be used at the general election, the following:
- In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:
If you favor the proposition printed below make a cross (X), plus (+), or check () in the square opposite the word “Yes.” If you are opposed thereto make a cross (X), plus (+) or check () in the square opposite the word “No.”
If you are interested, here is the official text of the New Jersey Marijuana Legalization Amendment.
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