Phil Murphy calls for decriminalizing marijuana ahead of 2020 NJ legal weed vote

Mike Davis | Asbury Park Press

TRENTON - Gov. Phil Murphy on Tuesday called on legislative leaders to pass a law decriminalizing marijuana "as soon as possible," as officials prepare to put the issue of legalizing weed before voters in the 2020 election.

"Decriminalization of adult-use marijuana cannot be our long-term solution, but we now must turn to it for critical short-term relief while we await a ballot measure on legalization next November," Murphy said in a statement. "Maintaining a status quo that sees roughly 600 individuals, disproportionately people of color, arrested in New Jersey every week for low-level drug offenses is wholly unacceptable."

Last week, Senate President Stephen Sweeney and Sen. Nicholas Scutari, D-Union, announced that the push to legalize marijuana with an up-or-down vote was officially off. Instead, they presented the first draft of a ballot bill, which would legalize the drug and subject it to the 6.625% state sales tax and allow towns with marijuana businesses to charge another 2% tax.

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Those taxes will likely be addressed in future legislation if the ballot question is approved, advocates told the USA TODAY NETWORK New Jersey.

"Although I remain disappointed in the Legislature’s inability to legislatively legalize adult-use marijuana, I am optimistic that the people of New Jersey, who overwhelmingly support legalization, will vote to do so," Murphy said. "And, when they do, we will take a critical and long overdue step for real criminal justice reform."

By legalizing marijuana, the drug would have been effectively decriminalized as well, according to the New Jersey legal weed bill that came just a few votes short of passage earlier this year.

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Under current law, possession of under 50 grams of marijuana is a disorderly persons offense, punishable by up to 6 months in jail and a $1,000 fine. Possession of over 50 grams is a fourth-degree crime, which comes with a maximum 18-month prison sentence and $25,000 fine.

The marijuana legalization bill that was discussed earlier this year would have legalized possession of up to 1 ounce of marijuana. Possession of larger amounts would be a disorderly persons offense.

Smaller amounts of illegally-purchased marijuana — such as from a black market dealer instead of a licensed dispensary — would be punishable by only a $50 civil penalty.

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When it became clear that the push to legalize weed was faltering, Assemblywoman Annette Quijano, D-Union, introduced a decriminalization bill that would have decriminalized possession of up to 2 ounces of marijuana, subjecting unauthorized users to only the $50 civil penalty.

Possession of up to 1 pound of marijuana would be a disorderly persons offense on the first offense and subsequent offenses would be a fourth-degree crime, according to Quijano's bill. Possession of 1 to 5 pounds of marijuana would be considered a third-degree crime under her bill.

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The bill was approved by the Assembly Appropriations Committee in May.

Within hours of Murphy's call, two Republican senators expressed support for the proposal

"There’s no need to arrest people and lock them up for personal-use cannabis,” said Sen. Robert Singer, R-Ocean. "It’s a failed strategy that has ruined lives, filled our prisons, and bogged down our courts. It is time to end this unnecessary and unfair practice."

Singer and Sen. Ronald Rice, D-Essex, sponsored a bill that would have decriminalized 10 grams of marijuana or less, but impose an escalating fine of $150 to $500 per violation and an "enhanced fine" of up to $25,000 for possession of more than 50 grams and required substance abuse treatment for offenders under certain circumstances.

Sen. Declan O'Scanlon, R-Monmouth, was viewed by legislative proponents of marijuana legalization as a swing vote. He said Tuesday he was in favor of decriminalizing the drug, but cautioned that any measure should be sure to exclude black market pot dealers.

"Reasonable people can agree that individuals in possession of small amounts of marijuana shouldn’t face arrests and a lifetime of compromised opportunity and productivity," he said. "Make no mistake though, people who are in possession of larger amounts with intent to sell should still face appropriate, proportionate penalties. Those selling to minors should face penalties an order of magnitude higher."

According to the American Civil Liberties Union of New Jersey, someone is arrested on marijuana charges in New Jersey every 14 minutes. And black people are three times as likely to be arrested as whites, despite similar usage rates.

But the ACLU has been one of the leading groups pushing for complete marijuana legalization instead of just decriminalizing weed.

Since the ballot measure contains only broad-stroke marijuana legalization, many marijuana activists fear their calls for social justice — such as racial equity in cannabis industry — could be lost in the shuffle.

Mike Davis has spent the last decade covering New Jersey local news, marijuana legalization, transportation and basically whatever else is happening. Contact him at 732-643-4223, mdavis@gannettnj.com or @byMikeDavis on Twitter.