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A medical marijuana dispensary in Woodbridge grows pot. Sen. Nicholas Scutari wants to legalize the sale and possession of recreational marijuana

(Andrew Mills/The Star-Ledger)

TRENTON — Calling New Jersey's war on marijuana "a miserable failure," state Sen. Nicholas Scutari (D-Union) said Friday he wants to follow in the footsteps of Colorado and Washington state and legalize the sale and possession of marijuana here.

Allowing New Jersey to regulate the growth, procession and sale of recreational marijuana would dry up the illegal drug market, clean up street corners and stuff the state’s coffers with a new source of tax revenue, Scutari said in laying out his case during a conference call.

The proposed legislation – expected to be introduced within the next month – comes on the heels of legalization of pot in Colorado and Washington but almost certainly faces an uphill battle in the Statehouse, supporters and opponents concede.

Scutari said there is no companion bill in the Assembly but he hopes a sponsor will come forward.

"We’re not delusional about how simple the effort would be," Scutari said. "But I think from a standpoint of moving this state and this country forward on its archaic drug laws, I think it’s a step in the right direction.

"It’s high time that we address this issue head on," he said.

Scutari, chairman of the Senate Judiciary Committee and a sponsor of New Jersey’s medical marijuana law, acknowledged it is a "controversial issue," but said his proposal is "the opening of a dialogue" with other state lawmakers and the Christie administration.

Christie, former U.S. attorney for New Jersey, has vehemently opposed legalizing the sale and possession of marijuana and has resisted efforts to expand the state’s new medical marijuana laws.

That position has not changed, his spokesman, Michael Drewniak, said Friday.

Details of Scutari’s plan still have to be worked out, but the system would be similar to the state’s medical marijuana laws in that facilities would have to be licensed to grow and sell pot, he said.

Scutari said it’s still unclear how many licenses would be proposed. The legislation would not decriminalize the state’s marijuana laws. Simply removing the criminal penalty for drug possession or sale would not wipe out the illegal market, he said.

"All that does is, to some degree, free people to obtain the marijuana, but it’s still going to be manufactured and dealt illegally. And that’s absolutely the wrong direction that we should go in," he said. "We should be trying to get drug dealers and criminals off our street corners, and this is an effort for doing that."

Hunterdon County Prosecutor Anthony Kearns III, president of the County Prosecutors Association of New Jersey, said his organization doesn’t take a position on legislation but will review the bill when it is drafted.

"For the time being, marijuana is against the law and we will continue to do what we are required to do — follow the law and enforce the law," he said.

South Brunswick Police Chief Raymond Hayducka, the immediate past president of the New Jersey State Association of Chiefs of Police, said there isn’t enough research to support the legalization of pot.

"In the past, we have been opposed to it completely. We are going to review his proposal but it’s pretty safe to say we’ll oppose that, too," Hayducka said.

But Jay Lassiter, a medical marijuana advocate, questioned why Scutari didn’t push for the issue to be placed on the November ballot to circumvent a Christie veto.

The Assembly and Senate, controlled by Democrats, could have come up with enough votes to push through legalization sooner, Lassiter said.

"The ballot would be the only way we could get it quickly. The fact that we’re doing it legislatively automatically implies that the process will be longer and more drawn out," he said.

The Rev. Errol Cooper, the head of prison ministry for the First Baptist Church of Lincoln Gardens in Somerset, said he'd rather see certain drug offenses knocked down to something akin to a traffic ticket.

“We’re moving too quickly for our own good,” he said. “To lessen the penalty for it is one thing, but to legalize it across the board is another. We need to wait a few years and see what transpires in Colorado. I don’t think it’s wise to jump on the band wagon with everyone else just because it’s the hot trend.”

Udi Ofer, executive director of the American Civil Liberties Union of New Jersey, said studies have revealed one big

inequity in current marijuana laws.

"Studies have repeatedly shown that whites and blacks consume marijuana at similar rates, yet people of color overwhelmingly suffer the criminal consequences," Ofer said. "In New Jersey, African-Americans are arrested for marijuana possession at a rate of close to 3-to-1 when compared to whites, despite similar usage rates. The time has come to tax, regulate and legalize marijuana for personal use."

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