NJ marijuana legalization: Democratic, Republican lawmakers join forces against weed

Complicating Gov. Phil Murphy's quest to legalize marijuana in New Jersey, the leader of the Legislative Black Caucus introduced legislation that would remove criminal penalties for possessing small amounts of the drug -- but would not create a legal market.

State Sen. Ron Rice, D-Essex, joined forces with Sen. Robert Singer, R-Monmouth, to introduce a bill that would decriminalize possession of 10 grams of less of marijuana, while imposing civil penalties of $150 for a first violation, $200 for a second and $500 for subsequent violations. Rice and Singer's bill would not permit the growing or selling of marijuana in New Jersey.

Rice denied that he was trying to derail Murphy's quest to create a legal marijuana market in New Jersey, although he said that doing so would flood African American and Latino communities with destructive drugs.

"I think this whole legalization stuff needs to slow down," Rice said at a news conference at the State House in Trenton. "This is a money bill -- legalization. I don't want to be a part of that. I do want social justice and that's what this bill is about."

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Rice said his bill is not a product of the Legislative Black Caucus, but he expects support from both parties, which could cloud prospects for a Murphy-backed bill allowing no-questions-asked use of marijuana among New Jersey adults. Democrats have 25 of the 40 Senate seats and 51 of the 80 Assembly seats, and while support for legalization is strongest among Democrats, several have expressed skepticism or opposition. New Assembly Speaker Craig Coughlin, D-Middlesex, is among the skeptics.

Murphy, a Democrat who took office last month, has led the push to remove criminal penalties for marijuana and create a regulated market, saying drug laws disproportionately penalize African Americans. As a candidate, Murphy said he expected to sign a legalization bill in his first year, which supporters noted could yield $300 million annually in new tax revenue to the state.



Under a full legalization plan, adults would be able to purchase marijuana like alcohol, in stores that are licensed and taxed, and companies and possibly individuals would be permitted to grow marijuana plants. Under Rice's decriminalization proposal, marijuana sales would remain illegal, but people caught with small amounts of the drug or paraphernalia would not face jail time or suspension of their driver's licenses, and the offense would not go on a person's criminal record.



Rice and other backers of the bill said decriminalizing marijuana would help address disparities in how police and prosecutors treat minor marijuana offenses among white and non-white populations without making marijuana widely available. Rice said urban communities would suffer from an influx of legal marijuana, and Singer said Jersey Shore communities would no longer be seen as family-friendly destinations.



"Shame on us if that's how we want to make money," Singer said.



Amol Sinha, executive director of the New Jersey chapter of the American Civil Liberties Union and Scott Rudder, president of the New Jersey CannaBusiness Association, said merely removing criminal penalties doesn't go far enough.



"We're talking about civil justice, but we're also talking about economic opportunity," Rudder said. "We're talking about jobs."

Marijuana remains illegal under federal law. In January, Attorney General Jeff Sessions said his office was reversing its hands-off policy toward states that allow marijuana. Currently, 30 states including New Jersey allow marijuana for medical uses, and eight have authorized recreational use of the drug.

U.S. Sen. Cory Booker, D-Newark, sponsored a bill to end the federal ban on marijuana while expunging previous marijuana crimes. His bill, which has gotten little traction since he introduced it in August, got a boost this week with Sen. Kirsten Gillibrand, D-New York, saying she would co-sponsor it. Both Booker and Gillibrand have been mentioned as possible presidential candidates in 2020.

Several Jersey Shore communities, including Berkeley, Ocean Gate, Point Pleasant Beach, Seaside Heights and Lavallette, have taken steps to outlaw recreational marijuana sales. Toms River took up a local ban but shelved it for now.

Legalization proponents, meanwhile, have been lobbying lawmakers and holding public events to promote their cause. The national Marijuana Policy Project, which includes ACLU leaders, held a press conference in Princeton with Rick Steves, a syndicated travel writer and TV personality who has advocated lifting marijuana laws across the country.

Steves and ACLU officials characterized legalization as a racial and social imperative, saying disproportionate numbers of African Americans are being caught up in a law-enforcement dragnet that has little to do with public safety.

"Rich white people like me are not getting busted," Steves said. "Poor people and black people are the ones getting busted."

Dianna Houenou, the policy counsel for the ACLU of New Jersey, said issues of racial and social justice must "stay at the heart of the conversation" around permitting marijuana, for example expunging previous marijuana-related crimes and ensuring that non-white entrepreneurs have opportunities in growing and retailing.