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Capitol Report: Legislative Watch

By NJSBA Staff posted 08-30-2018 12:15 PM

  

No bills have been posted as of yet, but several major issues appear to be poised for review by the Legislature.

Marijuana Decriminalization 

There is more to this issue than meets the eye as the Legislature braces for a vote on decriminalizing marijuana, possibly by the end of this month. Senate President Stephen Sweeney says he has the votes to pass S-2702 (Scutari) and S-2703 (Scutari). But at the present time there are more questions than answers:

  • Marijuana prosecutions may resume despite a temporary hold on such prosecutions until today. But State Attorney General Gurbir S. Grewal announced last week that municipal prosecutors should use their discretion and weigh several factors when considering prosecution, including, among other things, how the conviction would affect a person’s employment, housing and schooling.
  • Expungements are an open question, and discussions continue on how to handle them. Concerns include funding mechanisms, computer upgrades, whether they are automatic or must be sought by the person seeking the expungement, and other such issues.
  • Some towns are already announcing they will not permit dispensaries or marijuana sales. Whether these ordinances will be challenged is an open question, as there are already concerns of whether this will lead to a concentration of sales and dispensaries in urban communities.
  • Ethical issues continue to plague attorneys and law firms. Counseling clients on the legality of marijuana-related issues requires knowledge of not just state law, but related federal law and policy, which may conflict.
  • An overarching question is: What happens with the anticipated tax revenue from marijuana decriminalization? Some argue there will not be any increase, as other issues arise that neutralize any anticipated revenue increase.

 As New Jersey prepares for the possibility of the legalization of recreational marijuana and the expansion of medical marijuana, attorneys, policy leaders, legislators and a host of other interested parties are scrambling behind the scenes.

 To learn more about cannabis law, NJICLE is hosting “The Ethics of Cannabis: An Essential Legal Guide” this Friday, Sept. 7, from 9 a.m. to 12:35 p.m. The panel will be moderated by Assemblyman Raj Mukherji. For more information or to register, go to njsba.com.

 Municipal Court Reform

 On the heels of a Supreme Court report echoing the concerns of the New Jersey State Bar Association regarding municipal court reform, the attorney general has asked the Criminal Justice Division to recommend municipal court reforms. The reforms would be concentrated on issues related to how municipal court operations are funded; ethics for municipal prosecutors; and issues related to the independence of municipal court judges.

 A key bill on the issue—A-1084(Peterson)/S-2586 (O’Scanlon)—would permit counties to establish county-municipal courts with limited countywide jurisdiction. Look for other legislators to weigh in on the issue.

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

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