Proposed Bill S1896 would Legalize possession and personal use of small amounts of marijuana for
persons age 21 and over.
Judiciary
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Scutari, Nicholas P. as Primary Sponsor
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3/27/2014 Introduced in the Senate, Referred to
Senate Judiciary Committee
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This bill would legalize the possession and
personal use of small amounts of marijuana for persons age 21 and over.
The bill specifies that the following acts are not
unlawful and would not be an offense or a basis for seizure or forfeiture of
assets under N.J.S.2C:64-1 et seq. or other applicable law for persons 21 years
of age or older:
a. Possessing, using, displaying, purchasing, or
transporting marijuana accessories or one ounce or less of marijuana;
b. Possessing, growing, processing, or
transporting no more than six marijuana plants, with three or fewer being
mature, flowering plants, and possession of the marijuana produced by the
plants on the premises where the plants were grown, provided that the growing
takes place in an enclosed, locked space, is not conducted openly or publicly,
and is not made available for sale;
c. Transfer of one ounce or less of marijuana
without remuneration to a person who is 21 years of age or older;
d. Consumption of marijuana, provided that
nothing in the bill would permit consumption that is conducted openly and
publicly or in a manner that endangers others; or
e. Assisting another person who is 21 years
of age or older in any of the acts described above.
Under the bill, the following acts would also not
be unlawful or a basis for seizure or forfeiture of assets for persons 21 years
of age or older:
a. manufacture, possession, or purchase of
marijuana accessories or the sale of marijuana accessories to a person who is
21 years of age or older;
b. possessing, displaying, or transporting
marijuana or marijuana products; purchase of marijuana from a marijuana
cultivation facility; purchase of marijuana or marijuana products from a
marijuana product manufacturing facility; or sale of marijuana or marijuana
products to consumers, if the person conducting the activities described in
this subsection has obtained a current, valid license to operate a retail
marijuana store or is acting in his or her capacity as an owner, employee or
agent of a licensed retail marijuana store;
c. cultivating, harvesting, processing, packaging,
transporting, displaying, or possessing marijuana; delivery or transfer of
marijuana to a marijuana testing facility; selling marijuana to a marijuana
cultivation facility, a marijuana product manufacturing facility, or a retail
marijuana store; or the purchase of marijuana from a marijuana cultivation
facility, if the person conducting the activities described in this subsection
has obtained a current, valid license to operate a marijuana cultivation
facility or is acting in his or her capacity as an owner, employee, or agent of
a licensed marijuana cultivation facility;
d. packaging, processing, transporting,
manufacturing, displaying, or possessing marijuana or marijuana products;
delivery or transfer of marijuana or marijuana products to a marijuana testing
facility; selling marijuana or marijuana products to a retail marijuana store
or a marijuana product manufacturing facility; the purchase of marijuana from a
marijuana cultivation facility; or the purchase of marijuana or marijuana
products from a marijuana product manufacturing facility, if the person
conducting the activities has obtained a current, valid license to operate a
marijuana product manufacturing facility or is acting in his or her capacity as
an owner, employee, or agent of a licensed marijuana product manufacturing
facility;
e. possessing, cultivating, processing,
repackaging, storing, transporting, displaying, transferring or delivering
marijuana or marijuana products if the person has obtained a current, valid
license to operate a marijuana testing facility or is acting in his or her
capacity as an owner, employee, or agent of a licensed marijuana testing
facility;
f. leasing or otherwise allowing the use of
property owned, occupied or controlled by any person, corporation or other
entity for any of the activities conducted lawfully in accordance with
subsections a. through e.
The bill requires the Division of Alcoholic and
Beverage Control, renamed in the bill to the Division of Alcoholic Beverage and
Marijuana Control, to adopt regulations necessary for implementation of the
bill. The regulations could not prohibit the operation of marijuana
establishments, either expressly or through regulations that make their
operation unreasonably impracticable. One regulation would require that
only marijuana, marijuana based products and paraphernalia be available for
sale at a marijuana establishment.
The bill also provides for local governmental
entity regulations or ordinances. The bill provides that each local
governmental entity shall enact an ordinance or regulation specifying the
entity within the local governmental entity that is responsible for processing
applications submitted for a license to operate a marijuana establishment
within the boundaries of the local governmental entity and for the issuance of
such licenses, should the issuance by the local governmental entity become
necessary because of a failure by the Division to adopt regulations or to
process and issue licenses.
The local governmental entity may enact ordinances
or regulations, not in conflict with the provisions of the bill:
-- governing the time, place, manner and number of
marijuana establishment operations;
-- establishing procedures for the issuance,
suspension, and revocation of a license issued by the local governmental
entity;
-- establishing a schedule of annual operating,
licensing, and application fees for marijuana establishments, provided, the
application fee shall only be due if an application is submitted to a local
governmental entity in accordance with the provisions of the bill and a
licensing fee shall only be due if a license is issued by a local governmental
entity; and
-- establishing civil penalties for violation of
an ordinance or regulation governing the time, place, and manner of a marijuana
establishment that may operate in such local governmental entity.
The bill provides that a local governmental entity
may prohibit the operation of marijuana cultivation facilities, marijuana
product manufacturing facilities, marijuana testing facilities, or retail
marijuana stores through the enactment of an ordinance.
Under the bill, each application for an annual
license to operate a marijuana establishment would be submitted to the
Division.
The bill establishes a tax levied upon marijuana
sold or otherwise transferred by a marijuana cultivation facility to a
marijuana product manufacturing facility or to a retail marijuana store at a
rate equivalent to the rate established under the "Sales and Use Tax
Act," P.L.1966, c.30 (C.54:32B-1 et seq.). The Department of the
Treasury would establish procedures for the collection of all taxes levied.
Monies would be deposited in the Transportation Trust Fund, the Drug
Enforcement Demand Reduction Fund and programs supporting the following public
health initiatives: women’s health, family planning, postpartum
depression awareness, smoking cessation, and HIV-awareness.
The bill specifies that no tax would be levied upon marijuana intended for sale
at medical marijuana centers pursuant to the “New Jersey Compassionate Use
Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.).
