With final voting session of the year, Legislature to consider key bills
The final voting session of the Legislature is this Thursday, and lawmakers are poised to consider several key bills.
Cannabis
Both the Senate and Assembly will consider legislation that regulates adult-use cannabis in New Jersey. In November, voters passed an amendment to the state constitution legalizing adult-use cannabis, but unless and until legislation is passed to promulgate rules and regulations, there is no framework regarding the distribution and use, as well as a number of other issues relative to legalization.
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) is expected to go up for a vote this Thursday. The bill, A-21 (Quijano)/S-21 (Scutari), provides the legislation to direct the regulatory framework for legalized adult-use marijuana. The sponsors have been negotiating amendments in order to pass the legislation, recently agreeing to add a social justice tax, which would direct money to Black and Latino communities to support programs such as legal aid. Another question that is still on the table is the number of licenses that would be issued and the method for approving license applications for growing and selling cannabis in New Jersey.
The NJSBA continues to monitor the bill with an eye toward the rules and regulations to resolve open questions regarding a number of issues, including license approvals, banking regulations, and health care regulations.
Lawmakers will also consider the issue of decriminalization, focusing on the expungement of cannabis-related offenses. S-2535 (Ruiz)/A-1897 (Wimberly) would regrade certain marijuana and hashish offenses and psilocybin mushroom possession. In anticipation of this legislation, Attorney General Gurbir Grewal issued a directive in November to municipal, county and state prosecutors to seek an adjournment of low-level marijuana crimes “until at least Jan. 25, 2021.” The directive does not, however, stop arrests for marijuana.
In light of the recently passed referendum and the anticipation of A-21/S-21, legislators participating on a roundtable to discuss marijuana and social justice issues highlighted the importance of expungements. NJSBA President Kimberly Yonta, who also participated in the roundtable discussion moderated by Senate President Steve Sweeney, echoed the concerns of the NJSBA that expungements be streamlined, simplified and accessible in order to ensure fairness in an otherwise complex process.
Remote Notaries
While remote notarization exists in New Jersey, it is currently only available on a temporary and limited basis for the duration of the state of emergency and public health emergency declared by Governor Phil Murphy in Executive Order 103 of 2020. In its final session of the year, the Senate Judiciary Committee will consider S-2508 (Gopal)/A-4250 (Downey), which would make remote notarization permanent in the state.
The NJSBA supports remote notarization; however, it seeks amendments to the bill to remove from the prohibition of remote online notarization statutes that govern adoptions, divorces and other family law matters. These amendments are in addition to amendments sought by the Land Title Association to clarify some of the parameters of remote notarizations and training for notaries.
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.