Legalization Bill

Gov. Murphy Signs Cannabis Legalization Bills

/ Saiber LLC
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Three months after New Jersey overwhelmingly voted to legalize recreational cannabis, Gov. Phil Murphy signed a set of bills on Monday that made New Jersey the 13th and latest state to end the prohibition of marijuana.  The new laws allow adults over the age of 21 to possess up to six ounces of cannabis and will permit the production, distribution and sale of cannabis in New Jersey by licensed businesses.

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New Jersey Assembly Postpones Deadline to Act on Recreational Cannabis Bill

/ Saiber LLC

There has been one thing missing since New Jersey citizens voted to legalize adult use recreational cannabis: a law signed by Governor Murphy.  Since the November election, New Jersey lawmakers proposed and approved legislation that would formally legalize adult use recreational marijuana in New Jersey, but Governor Murphy has not signed the bill based on disagreements regarding penalties for underage cannabis users.  The result: limbo.

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New Jersey Legislators Pass Adult Use Recreational Cannabis Bill

/ Saiber LLC

In a significant step towards the legalization of recreational cannabis in the Garden State, the New Jersey state Assembly and Senate passed Bill S21 on Thursday, making New Jersey poised to become just the fourth state on the east coast to legalize recreational cannabis. The Bill establishes the proposed framework of the industry and is now awaiting the signature of Gov. Murphy.

Earlier this fall, voters overwhelmingly approved a constitutional amendment to legalize cannabis in New Jersey after the New Jersey legislature was unable to pass an earlier draft of the Bill.

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New Jersey Passes Legalized Cannabis: What Comes Next?

/ Saiber LLC

Last week, New Jersey citizens voted to legalize adult use recreational cannabis.  The question on everyone’s mind is: what happens next?

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On Friday, Senator Nick Scutari released a new bill that would establish the framework for legal cannabis in New Jersey.  The bill is similar to the prior bills introduced by Sen. Scutari.  The New Jersey legislature still has to review and pass the bill for signature by the Governor.  Additionally, the Governor must finalize the New Jersey Cannabis Regulatory Commission to be the regulatory oversight body for cannabis in New Jersey.  On Friday, the Governor made progress by making several top appointments to the Commission. Once finalized, the Cannabis Regulatory Commission will also have to promulgate regulations for the industry.

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Success of Medical Program Prompts Newfound Optimism for Recreational Cannabis in New Jersey

/ Saiber LLC

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Despite the previously held belief that adult use recreational marijuana in New Jersey would have to await a ballot referendum in 2020, there is newfound optimism that a vote on legal cannabis may yet take place this year.  Certain New Jersey lobbyists and industry leaders believe that the success of medical marijuana in New Jersey may prompt a vote on recreational adult use marijuana.  Earlier this year, a recreational adult use marijuana bill cosponsored by Senators Nicholas Scutari and Steven Sweeney was pulled from a vote at the eleventh hour when legislative leadership determined that there were insufficient votes to get the bill passed.  Thus, recreational cannabis in New Jersey will depend on two questions: 1) will a vote take place; and 2) if a vote takes place, will there be enough votes to get the law passed?

This blog will monitor all potential developments in the push for adult use recreational marijuana in New Jersey.

Voters to Decide Fate of Legalized Cannabis in New Jersey

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FLICKR/MATT HINTSA

Senate President Stephen Sweeney announced that the legislature is no longer pursuing cannabis legalization through the traditional legislative process.  Instead, the issue of cannabis legalization will be put to a ballot measure in the 2020 election (which coincides with the next presidential election where voter turnout is supposed to be the highest).

Polling data still indicates that a majority of New Jerseyans support legalizing recreational cannabis.  If that is borne out in the 2020 ballot measure, legal cannabis will be a reality in New Jersey – it may simply take more time than originally anticipated.

This blog will continue to track the developments of cannabis law in New Jersey.

NJ Legislature Cancels Vote on Recreational Adult Use Cannabis Legalization Bill

/ Saiber LLC

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New Jersey State Senate: Photo Credit

On Monday, March 25, the New Jersey Legislature chose not to vote on the adult use cannabis legalization bill that has been the subject of debate for several years.  The vote was delayed due to the lack of support for the bill.  This is certainly a roadblock to adult use cannabis in New Jersey, but the efforts to legalize are not over.  Legislators will continue to debate the merits of cannabis legalization in the hope that the outstanding assemblymen and senators will change their positions and vote in favor of cannabis the next time the bill is presented for a vote.  Alternatively, the issue of cannabis legalization could be put to a ballot question, which would give New Jerseyans an opportunity to make their “voice heard.”

This blog will continue to follow all of the legalization efforts in New Jersey.

Murphy and Legislators Announce Deal for Legalized Cannabis

/ Saiber LLC

Image of New Jersey State HouseEarlier this week, Governor Phil Murphy, Senate President Steven Sweeney, Assembly Speaker Craig Coughlin, Senator Nicholas Scutari and Assemblywoman Annette Quijano jointly announced an agreement on the major outstanding issues for cannabis legalization: regulatory control and taxation.  A new bill, that has not been publicly released, will be debated over the next two weeks in anticipation of a vote on March 25, 2019.

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NJ Awaits Closed Door Session to Determine Next Steps in Cannabis Legalization

/ Saiber LLC

Closed DoorThe final push to advance the cannabis legalization agenda will take place in a closed door session on Thursday, December 13.  At that time, the governor will meet with Senate President Sweeney and Assembly Speaker Coughlin to continue to negotiate certain nuances of cannabis legalization.  Front and center will be the proposed Cannabis Regulatory Commission, a state agency legislators want to create to control both the proposed recreational cannabis industry and the medicinal industry.

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Out-of-State Partnerships: What is a “Significantly Involved Person”?

/ Saiber LLC

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Perhaps the most significant change in Sen. Scutari and Sen. Sweeney’s new adult use cannabis legalization bill is the change in residency requirements for cannabis license holders.  In earlier iterations of Sen. Scutari’s legalization bill, cannabis license holders had to be New Jersey residents for two years prior to the date of the license application.  The thought process behind this requirement was to prevent established cannabis businesses from jurisdictions that have already legalized cannabis from entering the New Jersey marketplace and establishing dominance before New Jersey citizens had an opportunity to gain a foothold themselves.

The new bill has changed that.  It creates a defined term known as a “significantly involved person” which essentially means a person or company with a 20% or greater stake in the company applying for a license.  § 9(a)(3) of the new bill states that “[a]n applicant shall have a significantly involved person or persons lawfully residing the State for at least two years as of the date of application to receive a license.” Continue reading →