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As New Jersey’s leaders aim to pass a bill by the end of next month to legalize marijuana in the state, they’re grappling with a damned-if-they-do, damned-if-they-don’t dilemma that’s threatening their efforts.

After more than a year of debate and wrangling, Gov. Phil Murphy and his fellow top Democrats remain a few votes short of the number they need to pass the measure — a cornerstone of Murphy’s agenda — in the state Legislature.

A big impediment to closing the gap is a provision that would clear the record of any resident who had been convicted of possessing between up to 5 pounds of weed.

Some lawmakers long considered possible supporters of the bill think that number is too high, four sources familiar with the situation told NJ Advance Media.

But if leaders change it, they risk losing the backing of other lawmakers who want the provision included, according to the sources.

It’s a conundrum that could stop the bill cold — at least until the end of the year. Murphy, state Senate President Stephen Sweeney, and state Assembly Speaker Craig Coughlin are trying to come up with a solution, the sources said.

“How do you thread that needle?” one source asked.

The sources spoke on the condition of anonymity to discuss private talks.

This comes less than a month after Sweeney, D-Gloucester, and Coughlin, D-Middlesex, called off a planned vote in the Legislature when it became clear the bill wouldn’t have enough votes to pass. While Coughlin said he had enough votes in the Assembly, sources say leaders are anywhere from one to four votes short in the Senate.

Now, leaders are hoping to hold another vote by the end of May — if they can gather enough support.

If not, sources say, a vote may be moved to the end of the year, after November’s Assembly elections. That would be two years after Murphy was elected, partially on the promises to make New Jersey the latest state to legalize pot.

Murphy and other Democrats have said their main goal for legalizing weed is to improve the state’s social justice system — because black residents are three times more likely to face marijuana charges than white residents.

On top of the bill to legalize recreational marijuana for people 21 and older in New Jersey, sponsors have drafted two separate but related measures: one that would expand the state’s medical marijuana program and another that would expunge criminal records of those with certain pot convictions.

In order to secure more votes for legalization, they expanded the definition of who would be eligible to have their records expunged. They included people who have been convicted of third-degree marijuana distribution and possession charges.

Under existing law, a crime in the third-degree — which affects the level of fines and other penalties — ranges from one or more ounces to five pounds.

Sources say some lawmakers on the fence — especially Republicans but even some Democrats — believe the five-pound mark would cover hardened drug dealers.

The wide disparity of one ounce to five pounds has caused a degree of “sticker shock," said Amol Sinha, executive director for the ACLU-NJ, which has been at the table as the legislation has been written.

But, Sinha added, there is “a misunderstanding out there about what a third-degree crime is.” He said this would not include “a big-time drug dealer dealing with other drugs and threatening public safety.”

“Frankly, these are people who have already served their sentences,” Sinha said. "This is an opportunity to start their lives and become productive members of society.”

He also said it would be “hypocritical” for the state to welcome the cannabis industry’s money while continue to punish people arrested and convicted before legalization who still cannot find a decent job, rent an apartment or obtain a loan.

While Sinha said he’s aware the expungement language has divided some legislators, he draws attention to those who support it: Murphy, Sweeney, Coughlin, the ACLU, NAACP, the Latino Action Network and “a lot of the faith community.”

“The bill as a whole is seen as a really good step forward for New Jersey and is already highlighted as a national model,” Sinha said. "People are keeping an eye on what New Jersey does.”

This comes as legislative leaders are already concerned about Murphy’s vow to use his powers to expand the state’s medical marijuana program if a May vote doesn’t happen. Though Murphy says the program is in dire need of growth, sources say top lawmakers are worried legislators on the fence will have a reason to avoid voting for legalization because the governor would medical expand either way.

Coughlin, the Assembly speaker, said on his monthly call-in radio show Friday morning the hope is still to have the Legislature vote toward the end of May. But, he said, “there’s not a real time clock on this."

“Most importantly, we want to get the bill right,” Coughlin said on WCTC 1450-AM. “We’re gonna look at ways to see if we can improve it and bring some other members along.”

Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him on Twitter @johnsb01.

Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio.

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