Social Justice Advocates Say Weed Legalization Bill Falls Short

An Assembly committee will hold a hearing in Trenton Monday on a bill to legalize recreational marijuana in New Jersey — a prelude to a full vote by the General Assembly, and to a week in which advocates for and against legalization will privately be making their strongest cases to legislators who are still on the fence.

Whether members of the Appropriations Committee actually vote on Monday could hinge on the direction of testimony, and whether the bill needs more revisions. A draft of the bill went public on Thursday but late Sunday night staffers were still making changes, some in response to criticisms of the draft.

Social justice activists, in particular, want to make sure the bill includes sweeping provisions to undo what they argue is decades of harm to black men who are arrested for marijuana possession and distribution at higher rates than any other group. That includes clearing a path for them to launch legal marijuana businesses, and to have their past records on marijuana charges cleared.

Amol Sinha, executive director of the American Civil Liberties Union of New Jersey, likes that a recent draft of the legislation allows some people to get their arrests records cleared if they’ve successfully completed parole or probation, or finished serving time in prison. But he'd also like to see people still in the system cleared, and released if they're still incarcerated.

"If the political will is there to make sure that people in the future aren’t burdened with criminal records because of possession, then the political will should be there to do something about the people currently entangled in the criminal justice system," said Sinha.

Interest in the legislation is intense, especially within the marijuana industry, which views New Jersey — with its proximity to New York and Philadelphia — as a lucrative market that could generate billions in revenue. Gov. Phil Murphy and industry lobbyists have cited social justice as the leading reason to make marijuana legal. An ACLU report found blacks were three times more likely to be arrested than whites for using marijuana, and as much as eight times in some parts of the state. Murphy said making weed legal would halt such disparities, though it has not in other states.

Still, the lobbyists, legislators and industry representatives involved in shaping the bill are overwhelmingly white and male. Many are also from out-of-state.

The 163-page bill lays out the framework for an entirely new industry, covering rules for licensing growers, retailers and processors; setting up a cannabis commission to regulate the industry; and setting a $42-an-ounce state tax on weed.

Murphy is banking on the bill passing. His fiscal year 2020 budget relies on $60 million from marijuana revenue.

Municipalities can also tax weed businesses between 1 and 3 percent, depending on the type of business.

Passage of a legalization bill is not a slam dunk. Some legislators concerned about impacts on children and poor communities have likened it to Big Tobacco or the alcohol industry, and say it will do more harm than good.

If the legislation clears the committee on Monday, a final vote could come on March 25.