
Robert A. Marsico
Partner
201-896-7165 rmarsico@sh-law.comPartner
201-896-7165 rmarsico@sh-law.comSenate Judiciary Committee Chairman Nicholas Scutari (D-Union) has introduced Senate Bill 1896 for consideration by the New Jersey Senate. The proposed legislation would legalize possession, cultivation and the sale of small amounts of marijuana. He believes that it is time for New Jersey to stop prosecuting and start regulating and taxing minor marijuana use. However, the bill has a long road ahead, especially in light of the governor’s promises to veto it.
Scutari is the municipal prosecutor for the city of Linden. He reports that the fight to eradicate marijuana use has been wholly unsuccessful, yet billions of dollars have been spent on enforcement measures. He also indicated that it is unreasonable for citizens having criminal records resulting from minor marijuana offenses to be unable to buy a home or obtain employment.
If it is successful, the proposed bill would permit adults 21 years of age and over to possess an ounce or less of marijuana. It would also allow them to cultivate up to six marijuana plants for personal use (and not for sale) in an enclosed, locked space.
The sale of marijuana would be regulated in a way similar to the manner in which the state regulates liquor sales. The proposal also provides that local governments could be permitted to ban the sale of marijuana within their borders.
If the sale of marijuana is allowed, it would be subject to state sales tax, resulting in millions of dollars of the tax revenue per year for New Jersey. Scutari’s bill would dedicate 70% of those tax revenues to the Transportation Trust Fund, 20% to drug education and enforcement programs and the remainder to women’s health programs.
Governor Chris Christie has repeatedly promised to veto any bill proposing to legalize marijuana, so only time will tell how the issue will be decided in New Jersey.
If you have any questions about this proposed bill or would like to discuss any issues your business is facing, please contact me, or the Scarinci Hollenbeck attorney with whom you work.
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