In a candid roundtable discussion, legislators and cannabis experts discussed the anticipated next steps regarding adult-use cannabis in New Jersey following the referendum in November and the legislation that passed both houses last month.
Sen. Nicholas Scutari, sponsor of S-21 and longtime advocate of marijuana legalization, was joined by Assemblyman Raj Mukherji; New Jersey Department of Health Assistant Commissioner Jeff Brown; Fruqan Mouzon of McElroy, Deutsch, Mulvaney & Carpenter; and Ruth Rauls of Saul Ewing Arnstein & Lehr to discuss the impact of the legalization of adult-use cannabis on licensing, employment, the medical community, and a number of other issues. The program was a New Jersey Institute for Continuing Legal Education seminar on Dec. 29.
Among the issues discussed was the need for cleanup legislation and the promulgation of rules and regulations to implement legalization of cannabis. Brown, who was appointed by Governor Phil Murphy to be the executive director of the Cannabis Regulatory Commission when it is empaneled, anticipates rules to be drafted in stages, with licensing regulations to be rolled out first. With regard to a number of open questions, Brown anticipated that a lot of them would be addressed in future regulations.
With regard to cleanup legislation, A-5211 (Wimberly)/S-3320 (Scutari) was introduced last week to update and clarify the recently passed adult-use cannabis legislation (A-21 (Quijano)/S-21 (Scutari)). Among the changes are:
- Vacating, by operation of law, existing entries of guilty pleas or placements in a diversionary program for matters without a judgment of conviction or final disposition, and existing convictions, remaining sentences, ongoing supervision and unpaid court-ordered financial assistance
- Amending definitions of “cannabis item” and “cannabis resin” to reference the definition of “medical cannabis” in the Jake Honig Compassionate Use Medical Cannabis Act to clarify that medical cannabis is excluded from these definitions
- Addressing underage possession of marijuana or cannabis items to provide that underage purchase of cannabis items will be fined and the reference to a petty disorderly persons offense is omitted
- Addressing employer and employee workplace policies and protections and including guidance for drug testing by employers using certified workplace impairment recognition experts
- Amending the reference to the State Police concerning the Drug Recognition Expert Program and providing that the State Police will consult with the Cannabis Regulatory Commission concerning the development of standards and curricula for certification as a workplace impairment recognition expert
The bill is expected to be voted on this week. The New Jersey State Bar Association (NJSBA) continues to monitor developments relative to legalization.
NJSBA urges respect for the rule of law
In a public statement, NJSBA President Kimberly A. Yonta urged accountability to address the attack on the U.S. Capitol building last week.
“This assault undermines the core principles of democracy, the rule of law and peaceful transition of power,” said Yonta. “As attorneys sworn to uphold the law, we believe it is imperative that our Constitution and the rule of law be upheld and given the respect it deserves.”
Yonta condemned the unprecedented attack. “Regardless of politics, those who violate those sacred principles should be held accountable.”
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.