New Jersey Assembly and Senate committees voted in favor of companion bills that would legalize marijuana and provide for the expungement of prior cannabis convictions on Monday.
The Assembly Appropriations Committee voted 6-1, with two abstentions, to advance the bill, which was amended at the last minute to broaden expungement provisions and revise the tax structure of a legal cannabis system.
The Senate Judiciary Committee also approved its version of the legalization legislation in a 6-4 vote, with one abstention.
“When I think of [the bill], I think of two words: opportunity and hope,” Assemblywoman Annette Quijano (D), who sponsored the legislation, said at the hearing.
— NJAssemblyDemocrats (@njassemblydems) March 18, 2019
“There have been far too many people, especially those from Black and Hispanic communities, who have been negatively impacted by the criminalization of cannabis,” she added in a press release. “It is time we listen to the will of the majority of New Jerseyans and take a common-sense approach to regulation of cannabis. This bill is a huge first step.”
The Assembly and Senate committees also approved separate companion bills to revise requirements to qualify for medical cannabis in the state. And another piece of legislation revising the procedure for expunging various criminal records also passed both committees.
“This legislation is critically important as we move toward legalization of adult-use cannabis in New Jersey,” Assembly member Jamel Holley (D), who sponsored the expungement bill, said in a press release. “Without this bill, many residents would continue to be affected by the criminalization of small amounts marijuana as a result of prior convictions long after the laws change.”
“Broader regulation around expungement will give residents the opportunity to right the wrongs of the past and clean the slate, enabling them to gain employment and seize the opportunities life presents them,” Holley said.
The committee wins come one week after Gov. Phil Murphy (D) and leaders in both chambers announced that they’d reached an agreement on legalization legislation following months of contentious negotiations. Conflicting stances on certain aspects of regulations—namely the tax rate—were resolved, but the last-minute amendments caused hours-long delays in both committee hearings on Monday.
The governor also included legalization revenue in his budget proposal earlier this month, projecting $60 million in resulting tax monies for the 2020 fiscal year.
Murphy worked the phones throughout the day to rally support for the legislation, whose ultimate fate remains murky on the Senate floor, where the final showdown could come next week.
With committees in the NJ senate and assembly set to debate marijuana today, @GovMurphy has called "dozens of lawmakers and activists" today to push them on the issue
— Nick Corasaniti (@NYTnickc) March 18, 2019
“There’s no question it’s going to take a village on this one,” the governor said. “I am all in on this. We have to get this done.”
“We’re going to have to put everything into this. There is only one state in America that has done this legislatively. Public opinion is overwhelmingly in favor of this. We’re not only expunging and undoing a whole lot of social injustices but creating a new industry. This is not an easy lift.”
While the Assembly committee approved the bill first, it was less clear whether the Senate committee would push the bill forward. In the run-up to the vote, Sen. Kip Bateman (R) complained that the committee hadn’t seen the final version of the bill and said he would be voting “no.”
Legalizing #marijuana would have an enormous impact on all of our communities. Asking us to form an opinion without seeing the full details of the bill is an incredibly irresponsible way to govern. https://t.co/S13xYhukhk
— Senator Kip Bateman (@KipBateman) March 18, 2019
“Legalizing marijuana would have an enormous impact on all of our communities. Asking us to form an opinion without seeing the full details of the bill is an incredibly irresponsible way to govern,” Bateman said.
Sen. Michael Doherty (R) also voiced his opposition to the legislation on Monday, calling the bill “a deal with the devil that sacrifices children and communities for short-term political gain.”
I'm voting "no" on marijuana legalization today in the Senate Judiciary Committee. The proposal is a deal with the devil that sacrifices children and communities for short-term political gain. https://t.co/vODT0Nq1B7
— Senator Mike Doherty (@mikedohertynj) March 18, 2019
Before the legalization bill was formally debated by the Assembly panel, Newark Mayor Ras Baraka (D) was given an opportunity to speak. He’s one of several New Jersey mayors who demanded that legalization legislation include a provision to automatically expunge the records of people with prior cannabis conviction, or else their respective municipalities wouldn’t allow marijuana businesses.
Baraka said that he wasn’t going to voice his opinion on the bill one way or the other, but simply wanted to reiterate his position on expungements.
"There should be no onus put on the individuals at all to go through any process to get this done," Baraka says of bill's expungement component, which requires person to apply for expungement for weed criminal offenses
— Daniel Munoz (@DanielMunoz100) March 18, 2019
“If we are going to legalize marijuana in the state of New Jersey, then we should remedy all of the folks who have been victimized by a war on drugs,” he said. “We believe that the onus should not be put on the individual but in fact should be put on the state itself.”
Murphy said that a “virtual expungement” process was achievable, and that did make it into the amended legislation, but he argued that automatic expungements “is functionally not possible.”
The legislation would allow adults 21 and older to possess, consume and purchase certain amounts of cannabis.
A five-member commission would be responsible for studying the effects of legalization and ensuring social equity in the marijuana industry. It would also be charged with approving licenses for cannabis cultivators, processors, wholesalers and retailers.
Marijuana deliveries and social consumption sites would be allowed, but home cultivation would be prohibited.
“Today’s votes are an important step toward legalizing adult-use marijuana in New Jersey. Although this bill is not perfect, we greatly appreciate the changes that the sponsors of the legislation have made based on the recommendations of advocates,” Roseanne Scotti, New Jersey state director for the Drug Policy Alliance, said in a press release. “While we are encouraged by the inclusion of provisions that our coalition has advocated for – such as expanded expungement – to better address fairness and equity, we are disappointed that there is no provision that allocates tax revenue generated by marijuana sales back to the communities most harmed by marijuana prohibition.”
New Jersey lawmakers previously approved a legalization bill during a joint session of Senate and Assembly committees last year, but the legislation in its original form did not advance to full floor votes in light of the ongoing negotiations between Murphy and Assembly and Senate leaders.
This story has been updated to reflect the Senate committee’s votes.
Photo courtesy of Philip Steffan.
Border Patrol Union Head Admits Legalizing Marijuana Forces Cartels Out Of The Market
The head of the labor union that represents U.S. Border Patrol agents acknowledged on Friday that states that legalize marijuana are disrupting cartel activity.
While National Border Patrol Council President Brandon Judd was attempting to downplay the impact of legalization, he seemed to inadvertently make a case for the regulation all illicit drugs by arguing that cartels move away from smuggling cannabis and on to other substances when states legalize.
Judd made the remarks during an appearance on C-SPAN’s Washington Journal, where a caller said that “the states that have legalized marijuana have done more damage to the cartels than the [Drug Enforcement Administration] could ever think about doing.”
“As far as drugs go, all we do is we enforce the laws. We don’t determine what those laws are,” Judd, who is scheduled to meet with President Trump on Friday, replied. “If Congress determines that marijuana is going to be legal, then we’re not going to seize marijuana.”
“But what I will tell you is when he points out that certain states have legalized marijuana, all the cartels do is they just transition to another drug that creates more profit,” he said. “Even if you legalize marijuana, it doesn’t mean that drugs are going to stop. They’re just going to go and start smuggling the opioids, the fentanyl.”
One potential solution that Judd didn’t raise would be to legalize those other drugs to continue to remove the profit motive for cartels. Former presidential candidate Andrew Yang made a similar argument in December.
Federal data on Border Patrol drug seizures seems to substantiate the idea that cannabis legalization at the state level has reduced demand for the product from the illicit market. According to a 2018 report from the Cato Institute, these substantial declines are attributable to state-level cannabis reform efforts, which “has significantly undercut marijuana smuggling.”
Additionally, legalization seems to be helping to reduce federal marijuana trafficking prosecutions, with reports showing decreases of such cases year over year since states regulated markets have come online.
In his annual report last year, Supreme Court Chief Justice John Roberts also noted reduced federal marijuana prosecutions—another indication that the market for illegally sourced marijuana is drying up as more adults consumers are able to buy the product in legal stores.
Mike Bloomberg Attacks Marijuana Legalization In Controversial Resurfaced Recording
Before Mike Bloomberg launched his 2020 Democratic presidential bid, he really wasn’t shy about his disdain for marijuana legalization.
The former New York City mayor has been widely criticized this week after a recording surfaced of him defending controversial stop-and-frisk practices and racially disparate marijuana arrests during a 2015 Aspen Institute speech. But while that short clip went viral on social media, the full audio recording from the event also features Bloomberg condemning cannabis legalization efforts at length.
Asked by an audience member about his thoughts on Colorado’s decision to end marijuana prohibition, Bloomberg said, “I think it is just a terrible, terrible idea.”
Some of the remarks from the talk were previously reported by The Aspen Times, such as when Bloomberg asserted that marijuana use is associated with reduced IQ among young people—something President Trump also said in a recently revealed secret recording.
“What are we going to say in 10 years when we see all these kids whose IQs are 5 and 10 points lower than they would have been?” Bloomberg told the Aspen audience. “Kids’ brains are being formed while they are teenagers.
But much of his anti-cannabis commentary from the talk has not been reported until now.
“If you’re my age, of course you smoked a joint in the 60s—but it was very different and just because we did doesn’t make it right,” the former mayor, who has previously acknowledged his own past marijuana consumption, said. “It was not easily accessible compared to today. Today it’s much stronger and potentially much more damaging.”
Listen to Bloomberg’s anti-marijuana remarks below:
“We are making progress in reducing smoking. We are making progress in reducing obesity and diabetes. We are making progress in reducing automobile deaths and a variety of other things,” he said. But cannabis reform is going in “exactly in the other direction.”
Bloomberg also disparaged the idea that a regulated market can prevent youth from accessing cannabis, stating that “even if you have a law that says we’re not going to sell it to them, let’s get serious: if there’s more of it around, they’re going to get it.”
“I just can’t imagine why society is doing this,” he said. “I couldn’t feel more strongly about it, and my girlfriend says it’s no different than alcohol. It is different than alcohol. This is one of the stupider things that’s happening across our country.”
Erik Altieri, executive director of NORML, told Marijuana Moment that the newly revealed remarks show just how much work Bloomberg has ahead of him if he intends to reform his image as a tough-on-crime, anti-cannabis candidate.
“Bloomberg and his wealthy friends may be able to sit around and joke about how he was able to smoke a joint in the 60’s and be just fine, but that is cold comfort to the over 440,000 Americans who were put in handcuffs for marijuana possession in New York City during his tenure as mayor,” Altieri said. “He is painfully ignorant and out of touch with sound public policy and basic scientific facts.”
“If he expects voters to treat him as anything other than an awful relic of a bygone drug war era he needs to correct himself on marijuana law reform issues immediately and somehow attempt to make amends for the countless lives he had a role in ruining,” he said. “Unfortunately, given the number of other candidates vying for the presidency who are leaps and bounds ahead of him on this, that still might be too little too late for his self-funded presidential aspirations.”
Bloomberg has been sharply rebuked this week over a different clip from the same 2015 recording where he defended the use of stop-and-frisk policing that disproportionately impacted communities of color.
An “unintended consequence” of targeting policing in those communities, he said, is that “people say, ‘oh my god, you are arresting kids for marijuana that are all minorities.’”
“Yes, that’s true. Why? Because we put all the cops in minority neighborhoods,” he said. “Yes, that’s true. Why do we do it? Because that’s where all the crime is.”
Bloomberg has taken steps since launching his campaign to pivot away from his reputation as anti-reform, voicing support for decriminalizing cannabis possession and allowing states to set their own policies.
But he continues to oppose cannabis legalization, and his past comments haven’t been forgotten. A Denver-based reporter brought up the candidate’s 2019 statement that legalization is “perhaps the stupidest thing anybody has ever done” and asked whether that meant he felt Colorado voters were stupid for approving the policy change.
“Colorado has a right to do what they want to do,” he replied. “I would advise going slowly to any other state because it’s not clear, doctors aren’t sure whether or not it’s doing damage. But if a state wants to do it, and Colorado and Washington were the first two that did it, that’s up to the state.”
“But what I really object to is putting people in jail for marijuana,” he added. “That’s really dumb.”
Bloomberg and former Vice President Joe Biden are the only two Democratic candidates in the 2020 race who oppose federally legalizing cannabis.
Bipartisan Lawmakers Ask Colleagues To Cosponsor Medical Marijuana Research Bill For Veterans
A bipartisan duo of lawmakers sent a letter to fellow members of the House this week, asking for additional cosponsors on a bill to promote research into the therapeutic potential of marijuana for veterans.
Reps. Lou Correa (D-CA) and Clay Higgins (R-LA) cited a survey from the advocacy group Iraq and Afghanistan Veterans of America (IAVA) that showed 83 percent of its members support medical cannabis legalization and 90 percent are in favor of researching medical marijuana.
“Therefore, medical research into the safety and efficacy of cannabis usage for medical purposes is timely, necessary, and widely supported by the veteran community,” the lawmakers, who are the sponsors of the VA Medicinal Cannabis Research Act, wrote in the Wednesday letter.
Thank you @RepLouCorrea and @RepClayHiggins for continuing to push the VA Medicinal Cannabis Research Act. Thanks for asking Members of Congress to co-sponsor this important legislation and highlighting #IAVA's work in your letter! #CannabisForVets pic.twitter.com/loHHQmaKAj
— IAVA (@iava) February 13, 2020
That legislation currently has 102 cosponsors—representing nearly one-forth of the House’s membership. It would require the U.S. Department of Veterans Affairs (VA) to conduct double-blind clinical trials on the safety and effectiveness of various forms of marijuana in the treatment of post-traumatic stress disorder and chronic pain.
“Congress made great progress in reforming our cannabis laws in 2019, proving that Americans are ready for change. Veterans deserve to be a part of this change and have their medical needs taken seriously by the Department of Veterans Affairs,” Correa told Marijuana Moment. “My bill puts veterans’ health front and center. With over 100 bipartisan co-sponsors, it’s time to move the Medicinal Cannabis Research Act and take care of our vets.”
After the bill’s introduction last year, the House Veterans’ Affairs Subcommittee On Health and the full panel held hearings on the issue, but it has not received a vote yet. During the subcommittee meeting, VA officials voiced opposition to the proposal, arguing that the scope of its research requirements is too large.
“As many veterans are currently using cannabis for medicinal purposes, it is important that clinicians be able to fully advise veterans on the potential impacts, harms, and benefits of cannabis use on post-traumatic stress disorder (PTSD) and chronic pain,” the letter from Correa and Higgins states.
The bill would also “authorize a long-term observation study of participating veterans,” require the VA to “preserve all data collected or used and require the department to submit reports on the implementation of the legislation annually for five years.
Photo courtesy of WeedPornDaily.