One year ago today, Gov. Phil Murphy briefly switched gears during his regular COVID-19 briefing.Â
It had been a few hours since the Legislature had finally — after months of political theater — passed the final bill that, as part of a package, would legalize marijuana. Â
“New Jersey’s broken, indefensible marijuana laws … are no more,” Murphy said, as the livestream switched over to an image of a masked Murphy displaying the signed bills.Â
It’s been exactly one year since New Jersey became the 13th state to legalize marijuana for adult use — four more states have legalized weed since then — but, except for a few changes on paper, nothing much has changed in the Garden State.
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The cannabis landscape in New Jersey is currently drawn along battle lines, with medical marijuana dispensary operators claiming the New Jersey Cannabis Regulatory Commission is needlessly dragging its feet in approving applications for conversion, which would allow them to begin selling marijuana to non-medical customers.Â
“They’re so concerned with getting it perfect and it’s unfortunate because I think you’re losing a lot of opportunities,” Curaleaf northeast regional president Patrik Jonsson told the USA TODAY Network New Jersey in January.
CRC Executive Director Jeff Brown has refuted that notion, claiming that many of the conversion applications already submitted don’t even have approval from the host municipality.Â
“None of the (applications) we received were complete,” he said at the CRC’s Jan. 27 meeting. “What we’re asking for should not be new information. For the most part, we see major deficiencies in these certifications.”Â
So here we are, one year after weed was legalized in New Jersey, and everything’s still basically status quo. In case you need a refresher, here’s what you can and can’t do while legal weed remains in such a gray area.
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You CAN smoke weed
Under the New Jersey marijuana legalization laws, you can legally possess up to six ounces of pot. You’re allowed to consume it on private property, assuming the property owner gives permission. So while you can smoke weed in your own home, you may need the permission of your landlord if you’re a renter.
Many landlords prohibit smoking both tobacco and marijuana, but have made exceptions for other methods that aren’t as pervasive — such as edibles and vaping.
“I don’t anticipate this causing issues as long as people are reasonable,” National Organization for the Reform of Marijuana Laws board vice chairman Evan Nison told the Network last year. He’s also a landlord, with a few rental properties in the state.
“Like anything else, whether you’re creating a scent or a loud noise or taking up space in common areas, be courteous and you’ll be good,” Nison said.Â
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You CAN’T smoke weed in public
Walk even one block in New York City and you’ll notice the unmistakable odor of burnt marijuana. And while the smell of weed has never been too far from mind, marijuana users were buoyed by New York’s marijuana legalization laws, which specifically permit marijuana use wherever cigarettes are allowed.Â
Such language is pretty rare. Most other legal weed states, including New Jersey, treat legal weed like a combination of alcohol and cigarettes.
You cannot smoke weed in public — on the sidewalk, on the beach or anywhere you’re not allowed to drink alcohol.
And you can’t smoke it inside any public place, like a bar or restaurant.
You CAN’T buy weed
Unless you’re a medical marijuana patient or caregiver, you can’t even walk into the 23 dispensaries located in New Jersey.
Those medical marijuana dispensaries can’t begin selling to recreational customers until they have CRC approval. And the medical marijuana dispensaries approved late last year will have to wait at least a year after they open to apply for “conversion.”
It could be months or even beyond a year before the first recreational-only dispensaries open in New Jersey. The CRC won’t even begin taking applications from potential dispensary operators until March 15 (applications opened for growers and manufacturers in November).
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You CAN’T grow weed, either
Every single law related to marijuana changed when Murphy signed the legal weed bills into law last year except for this one.
Growing even one marijuana plant is still a third-degree crime, punishable by up to five years in prison and a $25,000 fine. It’s just as illegal today as it was on Feb. 21, 2021 – it’s just as illegal as it’s always been.
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Even medical marijuana patients are barred from growing cannabis at home, which activists say would help cash-strapped patients avoid high prices and long lines. The only other state to bar recreational cannabis growing is Washington.
“I’m not against marijuana being grown at home for medical purposes and maybe even just recreational purposes,” Senate President Nick Scutari, D-Union, said on a webinar hosted by the New Jersey CannaBusiness Association last month. “But we’ve got to let this industry … it’s not even off the ground yet.”
You CAN still get arrested for marijuana possession and distribution
Six ounces is, by any estimation, a lot of weed.
If you’re found in possession of more than 6 ounces of pot, you could be arrested and charged with fourth-degree marijuana possession and face up to 18 months in prison and a $25,000 fine.
And remember: Selling marijuana is only considered legal if it’s done by a licensed dispensary operator.
Anyone charged with distribution of 1 ounce or less of marijuana will receive a written warning on the first offense. On second and subsequent offenses, they’ll also be charged with a fourth-degree crime.Â
The distribution of more than 1 ounce of pot is illegal, even on the first offense. That’s a third-degree crime, punishable by a maximum five-year prison sentence and $25,000 fine.
You CAN have (some) marijuana charges expunged from your criminal record
Last summer, the Judiciary announced it had automatically expunged more than 362,000 cases in which an offender was charged with possession of under 50 grams of marijuana, possession of over 50 grams of marijuana and distribution of less than 1 ounce of marijuana.
And if a case exclusively involved one of those charges along with a charge of possession of drug paraphernalia, use or being under the influence of a controlled dangerous substance or failure to make lawful disposition of a controlled dangerous substance, those charges were expunged as well.
Those charges were not expunged if a case involved possession or distribution of other drugs.
If you have an old charge that fits those guidelines, check with the court in which it was processed to confirm it was expunged.
If your case wasn’t expunged but you believe it qualifies, you can file a motion for judicial review.
Mike Davis has spent the last decade covering New Jersey local news, marijuana legalization, transportation and a little bit of everything else. He’s won a few awards that make his parents very proud. Contact him at mdavis@gannettnj.com or @byMikeDavis on Twitter.
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