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EDITOR’S NOTE: NJ Cannabis Insider is hosting a two-day business and networking conference March 9-10, showcasing some of the state’s most prominent industry leaders. Tickets are limited.
Governor Phil Murphy on Monday signed three bills that will legalize marijuana in New Jersey, ultimately ending the ban that has led to hundreds of thousands of arrests.
But that doesn’t mean you can legally buy weed now. Bureaucratic work still needs to be done. It could take months, or even more, for dispensaries to open to the public in New Jersey.
Here’s what you need to know about the three new laws and the soon-to-be-launched marijuana industry by Garden State.
Q: What does each law do?
A: The New Legalization Act (S21) establishes rules and regulations for a 21+ marijuana industry in New Jersey.
The complementary laws decriminalize (A1897) marijuana for adults and establish written warnings for those under the age of 21 taken with the drug (S3454).
Q: So when can I buy legal weed? When will the dispensaries where they will be sold open?
A: It could take at least a year for legal sales to begin. Some marijuana industry insiders believe the start of 2022 is likely. Murphy estimated on Monday that it would take months – maybe around six – to get the industry up and running. The law does not specify when dispensaries will open.
New Jersey medical marijuana dispensaries can begin selling to the public once they certify that they have enough marijuana for nearly 100,000 patients in the state. Several of the current companies are planning to open new dispensaries this spring or expand their capacity to grow, which would help ease the burden of the current 13 dispensaries.
A court ruling last week could also speed up the process. An appeals court struck down a one-year moratirium submitted to the State Department of Health for medical marijuana license applicants for review. The agency could issue up to 24 new licenses in the coming months.
But until the medical marijuana program grows significantly, legal sales at these dispensaries are suspended.
Q: Where can I smoke weed?
A: Smoking or using marijuana in public places will be prohibited. But the legalization law will also allow consumer lounges (think: a bar, but for marijuana). These, as well as the dispensaries, will take time to open.
Q: How many dispensaries will there be?
The yet-to-sit Cannabis Regulatory Commission will license future dispensaries. While there is no limit on the number of storefronts, the law limits the number of new licenses to grow marijuana to 37 within the first two years of legalization.
This will determine how much marijuana is available to customers first and may dictate the number of dispensaries needed.
Q: How many weeds can I have? Can I still be arrested?
A: The decriminalization law allows people to own up to six ounces of marijuana without facing arrests or fines. This takes effect even though there are no dispensaries currently open to sell legal marijuana.
Police continued to arrest people for minor possession of marijuana as they waited for the laws to pass. Getting thousands of police across the state to suddenly stop the arrests may require more direct action from Attorney General Gurbir Grewal, criminal justice experts have said.
Decriminalization also provides a mechanism for dismissing outstanding possession charges.
Q: Can I grow marijuana at home?
A: No, current laws do not allow the cultivation of marijuana. Asked about domestic cultivation on Monday, Murphy said, “We’re going to accept the bills I just signed, we’ll leave it at that.
Sen. Gerry Cardinale, R-Bergen, who died on Saturday, introduced a bill earlier this month allowing people to grow up to six marijuana plants in their homes.
Q: Can I buy edible products?
A: Yes, the sale of certain edible products is permitted. But companies are prohibited by law from turning them into characters, people, animals, or branded products that kids may mistake for regular candy.
It also dictates how products should be packaged and labeled to show their THC content.
Q: What if I am under 21 and have taken marijuana?
A: Murphy signed a third bill on Monday to remove arrests and fines for people under 21 caught with marijuana. It takes effect immediately.
Instead, young people will receive warnings that will escalate. During a first offense, it only goes to them. A second offense would involve a parent if the person is under 18 and a third would involve referral to community drug education and treatment programs.
This law also changes the penalties for underage alcohol consumption and the police only issue warnings to people caught with alcohol.
Q: Can I lose my job for smoking weed?
A: Employees will enjoy broad protections under the new law, but they are not absolute.
The law prohibits an employer from firing or refusing to hire someone who uses marijuana in their spare time. But it allows employers who have “reasonable suspicions” that a worker got high on the job to test them and fire them or discipline them if the test turns out positive.
No widely used and accepted physical marijuana test can detect poisoning in real time. Instead, they highlight the presence of marijuana in the body, sometimes days or weeks after a person’s last use.
The law also allows an employer to perform random, regular, or pre-employment screening, but it must include a “scientifically reliable” blood, urine or saliva test coupled with a physical assessment to determine whether the employee is currently weakened, as well as a physical exam by an employee who is undergoing training to detect marijuana impairment.
Q: What will I have to pay in taxes?
A: Customers will pay 7% sales tax and up to 2% municipal tax on sales of marijuana.
The law includes a rolling tax to be paid by cannabis growers. It will drop from $ 10 per ounce to $ 60 per ounce as the price of marijuana decreases over time.
These taxes could be passed on to customers in the cost per ounce.
Q: Can I come from New York or Pennsylvania to buy marijuana?
A: Yes, anyone over the age of 21 in the Garden State can buy marijuana at dispensaries. This is what many are hoping to happen, generating more tax revenue for New Jersey, but also boosting business to local restaurants, stores and gas stations. New York Governor Andrew Cuomo recently stepped up his efforts to legalize marijuana.
But visitors who shop in New Jersey legally can’t take it home, due to the federal ban that blocks interstate travel with marijuana. This will likely be difficult to enforce with the heavy traffic between New Jersey and its neighbors.
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Amanda Hoover can be reached at [email protected]. Follow her on Twitter @amandahoovernj.
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