New Jersey lawmakers are considering a new proposal that aims to curb the state’s illicit cannabis market by criminalizing the purchase of cannabis from unlicensed retailers. This legislation, introduced by Senate President Nick Scutari, aims to create a new crime under state law for individuals who knowingly buy cannabis from illegal sellers.
The proposed bill, known as S4154, categorizes the operation of an unlicensed cannabis retail business as a third-degree crime. Additionally, it proposes a disorderly persons offense for consumers who purchase cannabis from these unlicensed establishments. Scutari, a key advocate for New Jersey’s initial adult-use cannabis legislation, expressed concern over the proliferation of unlicensed brick-and-mortar stores selling cannabis products without oversight.
“We have a problem where people are opening up brick-and-mortar stores, small stores, unlicensed to sell these products, and quite frankly, they’re just selling them and this state is doing nothing about it,” Scutari stated during a Senate Judiciary Committee meeting. He emphasized the need to address both unlicensed retailers and the ongoing issues related to drug dealers.
Despite the proposal’s intentions, it has faced backlash from cannabis advocates. Critics argue that increasing penalties for consumers could exacerbate issues within the legal market, especially in a state where high taxes and strict regulations have resulted in inflated cannabis prices. Attorney Bill Caruso, representing some of these concerns, remarked, “We don’t need to reinvent the wheel here, and I don’t think we need to go backwards in recriminalizing particularly consumers.”
In addition to consumer penalties, the bill also introduces charges for individuals who lead illegal cannabis networks. This aspect of the legislation aims to target the organizational structure of unlicensed businesses, which have been able to thrive in the absence of strict enforcement.
Some lawmakers have pointed to the role of Attorney General Matt Platkin, claiming that his office’s lack of enforcement has allowed the unlicensed cannabis market to expand. The proposed changes come amid rising concerns about the unchecked growth of illegal cannabis sales, which have been linked to both public safety and economic issues.
As discussions continue, proponents of the bill advocate for a stronger regulatory framework to protect consumers and ensure that cannabis sales remain within the law. However, the debate over how best to approach regulation and enforcement remains contentious among lawmakers and advocates alike.
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