Legal weed delay: NJ lawmakers will miss October deadline for marijuana legalization vote

Dustin Racioppi | Trenton Bureau

Show Caption Hide Caption Legal marijuana coming to NJ says senate pres. State Senate President, Stephen Sweeney, says he is confident he will have the votes to make marijuana legal. Wednesday, August 22, 2018

New Jersey's top Democrats in the Legislature acknowledged Monday that they will not meet their self-imposed deadline this month to vote on a bill to legalize recreational marijuana.

At least one of them says he needs Gov. Phil Murphy's help to get the measure passed.

Some Democrats in the Senate "are taking a different position" on the proposal to legalize and tax the drug, Senate President Stephen Sweeney said. Sweeney did not name those lawmakers or disclose their reasons for withholding support, but he called for Murphy to intervene so the Senate can get the 21 necessary votes for the bill to pass.

"The administration has got to be a part of this. This is a big lift," said Sweeney, D-Gloucester. "I need help. I need to get to 21," he added.

Murphy's involvement is in dispute. Before Murphy left for a trade mission to Germany and Israel last week, Sweeney spoke with him about holdout members and the need for him to try convincing them to support the legislation. But Murphy said Friday that he never got a list of those members, according to audio of an exchange he had with reporters.

"He said, 'I need you to help me whip some votes. We're not there yet.' And I said, 'You give me the list and I'm all in,' " Murphy said. "I've not gotten any list, but I'm very happy to do that."

Sweeney said Monday that "we sent a formal list to the governor of the members that he would be helpful with, and I would expect him to participate because it's important to him, too."

Sweeney and Murphy — along with Assembly Speaker Craig Coughlin — agree on legalization of marijuana but have not settled on details in the latest version of the proposal. That draft, dated Oct. 4, spans 135 pages and addresses taxes, regulations and eligibility to operate a marijuana business. Lawmakers met in Trenton two weeks ago to preview the legislation in an attempt to move closer to action after many months of deliberating multiple proposals.

More: NJ legal weed update: Lawmakers hash out marijuana bill, but can it pass?

Related: NJ legal weed update: Lawmakers huddle to discuss latest bill

The latest bill would impose a 12 percent tax on marijuana sales, with cities and towns allowed to add a 2 percent tax of their own. Murphy has called for a 25 percent tax, but he said earlier this month that he's "never hung my name" on a rate and it is "to be determined."

The bill also attempts to address racial inequities, one of Murphy's top priorities in the effort, since African-Americans have historically been arrested at much higher rates than whites. The proposal would set a 25 percent goal of marijuana business licenses for residents of "impact zones" that would be determined by poverty rates and other factors.

The bill would also provide for expungement of past marijuana convictions.

Murphy is scheduled to return to New Jersey on Wednesday, and he'll have the opportunity to meet face to face with holdout lawmakers if he chooses. But now he'll have more time. Sweeney and Coughlin said the end of the year is more likely for a vote on the bill.

Coughlin did not say whether he needs help from Murphy in his chamber, where 41 votes are required for a bill to pass.

"I'm confident that when we post the bill we will have 41 votes," said Coughlin, D-Middlesex.

Despite the delay, Coughlin and Sweeney said they feel confident in the process. And they said a legislative panel being formed to investigate Murphy's transition hiring should not impede the bill's progress.

"If we didn't put a date on it, if we weren't pushing, we would be talking about this next October," Sweeney said.

While lawmakers continue to hash out the details of the legalization bill, medical marijuana continues to rise in popularity under Murphy.

The number of medical marijuana patients has doubled since Murphy took office in January, from roughly 17,000 to 34,000, his office said. The program has also added 300 doctors, according to the office.