Bill > A4193

Introduced Session

This bill would legalize marijuana by removing all criminal liability associated with marijuana from the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, as well as its regulation as a controlled dangerous substance under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.). The manufacturing, distribution, possession, and use of medical marijuana would remain subject to these acts and the "New Jersey Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al.). With respect to criminal or disorderly persons offense convictions pre-dating marijuana legalization that relate to marijuana possession, use or being under the influence of marijuana, or failure to make lawful disposition of marijuana, these convictions could be expunged in an expedited process. An expungement petition could be filed and presented in Superior Court at any time, notwithstanding the general ten-year waiting period (for crimes) or general five-year waiting period (for disorderly persons offenses) normally applicable. The provisions of N.J.S.2C:52-9 through N.J.S.2C:52-14, concerning law enforcement objections, a required hearing, and grounds for denial, would not apply to the petition; and the court, upon review of the petition, would immediately grant the expungement. Similar to cigarettes and other tobacco products, the sale or distribution of marijuana, marijuana products, or the marijuana plant Genus Cannabis L. would be prohibited to persons less than 19 years of age. A violation of this prohibition would subject the liable party to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and any subsequent violation. These are the same monetary penalties that apply to the underage sale or distribution of cigarettes and other tobacco products. The Commissioner of Health would be authorized to enforce the prohibition against underage marijuana sales or distribution, or delegate this enforcement authority to local health agencies, and make a quarterly report to the Legislature on prohibition enforcement, just as the commissioner does currently with respect to cigarettes and other tobacco products. Other ways in which the bill would treat legal marijuana similarly to cigarettes and other tobacco products include: - Prohibiting marijuana smoking in various indoor or public places pursuant to the "New Jersey Smoke-Free Air Act," P.L.2005, c.383 (C.26:3D-55 et seq.); - Prohibiting industrial manufacturing of marijuana for an employer in a home setting; - Prohibiting advertisements for marijuana on the exterior sides of school buses owned or leased by a school district; and - Requiring instructional programs in schools on the physiological, psychological, and sociological effects of marijuana on the individual, family, and society. The bill would repeal three sections of law that are either outdated or would be obviated by marijuana legalization. The outdated section, section 46 of P.L.1970, c.226 (C.24:21-44), dealt with a 1970's study on penalties concerning the use and possession of marijuana established under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et al.). The sections that would be obviated, sections 1 and 2 of P.L.1939, c.248 (C.26:2-81 and 26:2-82), address the detection and destruction of illegal marijuana. The bill would take effect on the first day of January that is more than 180 days following enactment, and the Attorney General, Commissioner of Health, and other State department heads would have the authority to take any anticipatory administrative action in advance of the effective date as necessary for the implementation of the bill.

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Michael Carroll (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 09/22/2016)