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.
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Short Form Merger: Streamlining the Process for Businesses
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Tariff Response Options for Small Businesses Facing Financial Distress
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
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!
