201-470-4181JANUARY 15, 2021
NJ Governor Murphy and Lawmakers Struggling to Work Out the Details on Recreational Marijuana Use.
By N.A. Pagliara, Esquire of Pagliara Law Group, P.A. posted in Marijuana Law Blog, on Friday, January 15, 2021.
Lets first talk about how a law becomes a law in New Jersey. To learn more click here.
How a Bill Becomes a Law in New Jersey
The New Jersey Legislature is composed of two chambers: the Senate with 40 members, and the Assembly with 80 members. A bill becomes law when the Senate and Assembly pass the bill and the governor signs it.
- Idea Developed
A legislator decides to sponsor a bill, sometimes at the
suggestion of a constituent, interest group, public official,
or the governor. The legislator may ask other legislators in
the same chamber to join as cosponsors. - Bill Drafted
At the legislator’s direction, the Office of Legislative Services,
a non-partisan agency of the legislature, provides research
and drafting assistance and prepares the bill in proper
technical form. - Bill Introduced
During a session, the legislator gives the bill to the senate
secretary or assembly clerk, who reads the bill’s title aloud.
This is known as the first reading. The bill is printed and
released to the public. - Committee Reference
The Senate President or assembly speaker usually refers the bill
to a committee for review, but may send the bill directly to the
second reading (see #6) in order to speed up its consideration. - Committee Action
When scheduled by the chair, the committee considers the bill
at a meeting open to the public. The committee may report
the bill to the Senate/Assembly as is, with amendments, or
by a substitute bill. If the bill is not considered or reported, it
remains in the committee. - Second Reading
When the bill is reported to the floor (or referred directly
without committee review), its title is read aloud for the
second reading. The bill is eligible for amendment on the
floor. After the bill is given a third reading, the Senate or
Assembly must vote to return it to the second reading for
any further amendments. - Third Reading
When scheduled by the president or speaker, the bill is given a
third reading and considered on the floor. The bill may not go
through the second and third reading on the same day, except
by an emergency vote of 3/4 of the members (30 votes in the
Senate, 60 in the Assembly). - Senate/Assembly Vote
The bill passes when approved by a majority of the authorized
members (21 votes in the Senate, 41 in the Assembly) and is
sent to the other chamber. If a final vote is not taken, the bill
may be considered at another time or may be returned to a
committee by a vote of the Senate/Assembly. - Second Vote
The bill is delivered to the second house where it goes
through the same process. If the second vote amends the
bill, it is returned to the first chamber for a vote on the
changes. A bill receives final legislative approval when it
passes both chambers in identical form. - Governor’s Action
After final passage, the bill is sent to the governor. The
governor may sign it, conditionally veto it (returning it for
changes), or veto it absolutely. The governor may veto single
line items of appropriation bills. Bills passed in the last ten
days of a two-year session may be “pocket vetoed.” - Law
A bill becomes law upon the governor’s signature or after
45 days if no action is taken. If vetoed, a bill may become
law if the Legislature overrides the veto by a 2/3 vote
(27 in the Senate, 54 in the Assembly). A law takes effect
on the day specified in its text or, if unspecified, July 4th
following its passage.
LEGISLATIVE HISTORY OF RECREATIONAL MARIJUANA LAW
Recreational, or adult-use, cannabis become legal for adults 21 and older on January 1, 2021, as a result of voters approving Public Question 1 on November 3, 2020 on the ballot. The new legislation doesn’t specify what amount of cannabis is legal. Unless and until it does, possession of 50 grams of cannabis or less is punishable by six months in jail and a fine of up to $1,000.
The finalizing legislation has been hit with delays. The promise to officially legalize marijuana in 2021 may not happen. Gov. Phil Murphy is not satisfied with the decriminalization bill the Legislature sent him earlier this month. “There is some important, I want to say, technical, but important things we’re trying to wrinkle out,”
The new legislation doesn’t specify what amount of cannabis is legal. Unless and until it does, possession of 50 grams of cannabis or less is punishable by six months in jail and a fine of up to $1,000.
CURRENT STATUS OF POLITICS
New Jersey’s long trip to legalize recreational adult-use marijuana remains a constant back and forth between the governor and the Legislature. For the moment, neither side is showing any sign of budging.
Companion bills to legalize and decriminalize marijuana were passed nearly a month ago. Gov. Phil Murphy has not signed them into law and he is demanding a third bill be passed that would specify penalties for minors caught with marijuana.
The requested “cleanup” bill was drafted, but abruptly pulled last week when several senators refused to support it — including sponsors Sen. Nicholas Scutari (D-Union) and Sen. Teresa Ruiz (D-Essex). A floor vote scheduled for Monday was canceled.
Voters overwhelmingly approved a ballot initiative in November, amending the state Constitution in order to legalize marijuana. It was supposed to take effect Jan. 1, but the bills translating that mandate into reality have yet to be passed.
Sens. Ron Rice and Nia Gill, both Essex County Democrats, led the charge against the cleanup bill last week in a heated caucus discussion. They argued, in essence, that it created a number of scenarios that could push Black and brown minors into the criminal justice system — which defies the underlying, social-justice intentions of the legislation.
Murphy continues to insist that a “drafting error” in the bill left the issue unresolved regarding how minors should be punished. Yesterday, he said the bills as written prescribe no punishment for minors who possess marijuana.
Different take from the Senate president
First of all, there was no drafting error, Senate President Steve Sweeney said during a meeting with NJ Spotlight News on Wednesday.
“The language that we’re arguing over has been in the bill for two years,” and it was intentional, he said — the result of discussion and “a policy decision” by the Legislature.
Secondly, “there is punishment” in the current bill, Sweeney (D-Gloucester) said. “There is a penalty for under-age consumption, the same as underage drinking.”
“When members are saying, ‘Take my name off the bill that I sponsored,’ I have to listen to my caucus,” he said. “I was trying to find a compromise with the administration.”
Now Sweeney suggests the governor approve the legalization bill already on his desk. “We would hope the governor would sign it,” he added.
But the Murphy administration has a different view.
“The current bills on our desk explicitly provide for criminal penalties for cannabis possession or use by minors. The governor’s cleanup bill, in contrast, downgrades these to curbside warnings and civil infractions,” said a source from the governor’s office, who spoke on the condition of anonymity because he was not authorized.
“So the current bills that are on our desk are unfit for signature because they inadvertently legalize marijuana for children,” the source added. “Therefore, cleanup legislation is needed to fix the unintended consequences as it relates to minors.”
Assembly Speaker Craig Coughlin (D-Middlesex) appears to be avoiding the public quarrel.
“The speaker, Assembly Democratic leadership and the bill sponsors continue to have ongoing and productive discussions with the governor and the Senate president,” said Kevin McArdle, spokesman for the Assembly majority office.
And then there’s this
Assuming marijuana enabling legislation will eventually be signed, Sweeney doubled down Wednesday on another unresolved point of contention between the governor and him. Sweeney said he still plans to introduce a resolution that would put marijuana back before the voters for a second constitutional amendment. This one would ask voters to dedicate the lion’s share of revenue generated by taxes and fees in the new cannabis industry to social-justice programs. The current bill includes identical language.
“That’s the only way you can guarantee the funding that we say we’re putting in these places stays in these places, because the budget document always overrides anything that we do,” Sweeney said. “I want to do all these things to help these communities.”
When that will happen is unclear, though. Sweeney said he is still working to gain support within his caucus. He also thinks this year, with the governor seeking reelection and the entire Legislature on the ballot, may not be the best time to put such a question to voters.
“I might look for the best election cycle,” Sweeney said, suggesting that a federal election year might be better.
The governor of New Jersey on Tuesday reaffirmed his commitment to passing legislation to get a legal marijuana market up and running after voters approved a legalization referendum in November.
In a State of the State address, Gov. Phil Murphy (D) said “we are on the verge of passing an innovative and groundbreaking set of laws to reform our historically unjust approach to marijuana and cannabis.”
Advocates had hoped that the legislature would have moved quicker to approve enabling legislation, but disagreements between lawmakers and the governor over certain provisions concerning underaged people have delayed the reform.
A “clean up” bill was expected to get a floor vote on Monday, but it was postponed after key legislators pulled their support.
“Two months ago, you voted overwhelmingly to legalize adult-use marijuana, and begin the process of ending the racial imbalance that disproportionately penalizes black and brown people arrested for marijuana offenses,” the governor said in his address. “We’re setting up a cannabis industry that will promote the growth of new small businesses, many of which will be owned by women, minorities and veterans.
“This hasn’t been an easy fight, nor has it happened as quickly as I would have liked, but we are in a better place, a smarter place and a more just place than ever before,” he said.
Lawmakers first introduced the marijuana regulatory bill in November, shortly after voters approved the reform referendum. Since then, it’s been subject to a number of changes and delays in legislative action.
The latest dispute centers on Murphy’s concerns about a lack of penalties for people under 21 who possess cannabis. The governor indicated that he might not be willing to sign the legislation without such provisions, but lawmakers have insisted in recent days that it is not their intent to criminalize underage people.
Murphy said earlier this week that remains “optimistic” that he can reach a deal with lawmakers to revise the enabling legislation they sent him last month, but Senate President Steve Sweeney (D) said that “the ball’s in his court,” referring to the governor.
Murphy isn’t the only governor with cannabis policy on the mind. New York Gov. Andrew Cuomo (D) on Monday discussed the need to legalize marijuana in 2021 during his State of the State address.
In Connecticut, Gov. Ned Lamont (D) also talked about his intent to work with lawmakers to enact legalization during his State of the Commonwealth address last week.
Kentucky Gov. Andy Beshear (D) said in his State of the Commonwealth address last week that “it is time to legalize medical marijuana.”
Contact Us
Our attorneys represent businesses in all aspects of Marijuana Law. Call us at (201) 470-4181 or fill out the contact form on this page. We can help. Visit our Marijuana blog or Cannabis practice group.
Tags and Topics: Cannabis, Marijuana Law, Hem, Business Law, Criminal Defense
