In supporting the legalization of marijuana in New Jersey, Governor-elect Phil Murphy is not focused solely on the potential revenue the cannabis industry could generate for the state. Rather, he is also a vocal proponent of decriminalizing the drug as a means to promote social justice.
Photo courtesy of Taylor Nicole
“The criminalization of marijuana has only served to clog our courts and cloud people’s futures, so we will legalize marijuana,” Murphy said in his primary victory speech. “And while there are financial benefits, this is overwhelmingly about doing what is right and just.”
Racial Inequality in Marijuana Arrest
In 2012, one person was arrested for marijuana possession in New Jersey approximately every 22 minutes. In addition, marijuana possession arrests constituted three out of every five drug arrests in New Jersey that year. While many Americans now equate marijuana use with drinking alcohol, it is still illegal. A drug arrest in New Jersey can have a debilitating impact on a person’s future, including consequences for one’s job prospects, housing access, financial health, familial integrity, immigration status, and educational opportunities
While African Americans and whites in New Jersey use marijuana at the same rates, blacks are more likely to be penalized. Studies confirm that people of color nationwide are disproportionately arrested for marijuana-related crimes even though their use rates are similar to those of white Americans. In 2015, the Sentencing Project estimated that black Americans are 3.7 times as likely to be arrested for marijuana possession as their white counterparts, despite being only 1.3 times as likely to use pot. In addition to the significant long-term consequences of a marijuana conviction, proponents of decriminalization argue that marijuana laws have long been used to further discriminatory policies like stop and frisk, racial profiling, and the deportation of minorities.
NJ’s Proposed Bill Legalizing Marijuana
If Sen. Nicholas Scutari’s proposed marijuana legalization bill (Senate Bill 3195) becomes law, recreational users over the age of 21 would be permitted to possess up to 1 ounce of the drug, 16 ounces of marijuana-infused product in solid form, 72 ounces in liquid form, and 7 grams of concentrate. Any person convicted of marijuana possession prior to the effective date of the law would also be eligible to seek expungement.
In support of the bill, Sen. Scutari argues that the state’s marijuana enforcement policies have been ineffective and wasteful. Overall, law enforcement officers arrest more than 22,000 people a year for marijuana possession, which ultimately costs taxpayers more than $125 million. Proponents of legalization also maintain that decriminalizing marijuana will allow the state’s criminal justice system to focus on serious crime and public safety issues.
On the federal level, New Jersey Sen. Cory Booker has also introduced legislation to decriminalize marijuana. The Marijuana Justice Act would remove marijuana from the list of controlled substances and, thereby, make it legal on the federal level.
In addition, the Marijuana Justice Act would automatically expunge federal marijuana use and possession crimes. It would also allow an individual currently serving time in federal prison for marijuana use or possession crimes to petition a court for a resentencing.
“Our country’s drug laws are badly broken and need to be fixed,” Senator Booker said in a press statement. “They don’t make our communities any safer – instead they divert critical resources from fighting violent crimes, tear families apart, unfairly impact low-income communities and communities of color, and waste billions in taxpayer dollars each year.”
Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses
Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities
On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
