NJ cannabis advocates and small business owners are celebrating the 4th anniversary of adult-use legalization and progress made to legalize weed home grow.
Nearly 2.8 million voters approved a constitutional amendment allowing adult-use recreational cannabis sales in 2020. The implementation law CREAMMA was signed on February 22, 2021 by Governor Phil Murphy (D).
Ironically, the Garden State still prohibits sprouting a few seeds at home, which remains a felony.
Even a single plant can result in serious charges. Police are spending time and money to target peaceful gardeners.
So, last year, more than 50 regulated cannabis businesses and advocacy groups formed the NJ Home Grow Coalition (NJHC) to advance the issue.
“We’ve avoided nearly 150,000 cannabis-related arrests in New Jersey since 2021. That is a huge win,” said NORML cannabis advocate and Heady NJ Guest Writer Chris Goldstein. “There is no logical reason to keep arresting people for growing a few cannabis plants at home.”
“Even with our growing industry, there’s no hope of access to the clean, consistent, strain-specific medicine that I need for my epilepsy. Politicians are concerned with adult use profits while we are concerned with life-threatening health conditions and facing prison for plants,” said Andrea Raible, an unregistered medical cannabis patient and co-founder of the NJ Homegrow Coalition.
“Disabled veterans shouldn’t go to prison for one cannabis plant. Home grow rights are human rights,” said wheelchair access activist Edward “Lefty” Grimes of Sativa Cross.
NJ Weed Home Grow Legalization Progress
Since 2021, Senator Troy Singleton (D-7-Burlington) and Vin Gopal (D-11-Monmouth) have sponsored the bill S1393 to allow registered medical cannabis patients to grow a small amount of weed at home in a garden.
“We know that cannabis has the potential to treat a vast range of health conditions. The product has to be paid for entirely out of pocket, and due to the high cost of this medicine, it is rarely a feasible long-term option for low-income patients. I remain hopeful that New Jersey will eventually authorize home grow. So that cannabis can be accessible to all potential medical users, regardless of income,” Singleton explained.
Since its introduction, support for the wee home grow bill has grown steadily. It has bipartisan support, with NJ Senate Republican Minority Leader Anthony Bucco (R-25-Morris) as a co-sponsor.
Goldstein noted that Raible advocated that Senator Joe Vitale (D-19-Middlesex) co-sponsor the bill, which became official recently. Vitale is the longtime Chair of the NJ Senate Health, Human Services, and Seniors Committee.
In addition, Assemblyman Kevin P. Egan (D-17-Middlesex) has signed as the co-sponsor of the Assembly version A 846.
NJ Home Grow Coalition Grows
Advocates and leaders in NJ’s local cannabis industry have been speaking up with greater urgency. Since the coalition was founded, it has grown a great deal.
“Affordable health care is a patient’s right, and home grow will help ensure that right is met for those who choose cannabis,” said former Republican Assemblyman Scott Rudder, President of the NJ CannaBusiness Association and owner of Township Green dispensary.
“Our unwavering support for medical home cultivation emanates from a profound belief in breaking down barriers to access,” said Matha Figaro, owner of CannPowerment, which makes ButACake products.
“Personal cultivation would not compete with legitimate businesses properly registered at the state and local level,” said noted cannabis advocate Bill Caruso and co-founder of NJ United for Marijuana Reform, which pushed the referendum.
“Not only can clean cannabis be grown by an individual at home, but our law allows for consumers to get rigorous lab testing performed if they choose,” said Kristen Goedde, owner of Trichome Analytical cannabis testing lab.
“I spent seven years in prison for cultivating cannabis, something that is now a billion-dollar industry in New Jersey. It’s unacceptable that patients and consumers are still denied the right to grow a few plants for personal use,” said Mario Ramos, @ibudyouny influencer and ConBud co-owner.*
“Prohibiting medical homegrow is an unnecessary hardship for everyday New Jerseyans. This would allow opportunities for further research into medical cannabis, which begins at a doctor-patient relationship level,” said Yasir Ahmad from Early Dew Seeds.
“We need to offer patients the opportunity to grow their own strains because the industry is not yet providing adequate or affordable options for all the potential forms of medical usage of the plant,” said Shayla Cabrera, the owner of TiaPlanta.
Doctors and Patients Supporting Weed Home Grow
“New Jersey’s cannabis legalization was a victory. But the failure to allow home cultivation remains a glaring injustice. We urge health care providers and residents to demand that our legislators finally correct this oversight,” said Dr. David Nathan, co-founder of Doctors for Drug Policy Reform.
“For too long, patients, especially veterans, have been forced to navigate a broken system that prioritizes profit over patient care. That is why we fully support home cultivation and demand an end to the unjust arrest of patients who grow their own medicine,” said Jennifer Bailey, Founder & CEO of Homegrown4Heroes, Inc.
“While today’s legal cannabis market offers a variety of options, most available products would directly worsen the symptoms I’m trying to manage,” said Sam Reichbart, a registered medical cannabis patient.
The NJ Home Grow Coalition Campaign Letter
The following is the letter the Home Grow coalition has sent to the legislature. They are seeking more people and organizations to sign it:
Re: S1393/A846 Industry Support
Dear Senator Scutari,
Recent discussions on home cultivation in New Jersey have stalled, attributed to allowing the industry “time to mature.” As licensed cannabis operators, stakeholders in the industry, and relevant organizations, we respectfully disagree with this statement. The legalization of medical home cultivation will not negatively impact the legal state cannabis industry. We firmly support the immediate legalization of medical home cultivation for patients and caregivers. We also endorse additional legislation to be introduced that allows for the legalization of personal use home cultivation safely and equitably.
Licensed cannabis and ancillary businesses and organizations support the amendment to bills S1393/A846 to allow up to 100 square feet of mature cannabis plant grow canopy area This would allow patients and caretakers to have the ability to properly pheno-hunt and cultivate an amount that meets individual needs. Additionally, this change would mitigate the potential for exploiting the law through the cultivation of massive cannabis plants.
We implore the legislature to bring S1393/A846 to the committee and consider medical home cultivation for a vote as soon as possible to minimize the ongoing impact on medical cannabis patients.
NJ Cannabis License Holder Supporters
- Kristen Goedde, Trichome Analytical, TL000001
- Jesse Marie Villars, Owner of Baked by the River Dispensary, LLC, RE000077
- Cord J Schlobohm, COO, Baked by the River Dispensary, LLC, RE000077
- David Little, CEO, Inclusion Gourmet, M000192
- Matha Figaro, CannPowerment, M000146
- James Barrett, CannPowerment, M000146
- Yasmin Obie, COO, ButACake
- Joseph Nygard, Owner, NJ Green Scene LLC
- Joseph Germano III, Majority Member, Rec House LLC
- Joseph S. Germano, Managing Member, Rec House LLC
- Amanda Germano, Managing Member, Rec House LLC
- Michael Germano, Managing Member, Rec House LLC
- Amanda Rositano, Founder & President, Nightjar Holdings LLC (Class 5 Retailer)
- Francesca DeRogatis, Founder & COO, Nightjar Holdings LLC (Class 5 Retailer)
- Abigail Perl, Founder Cann4Good
- Shoaib Iqbal, Elevated Essence, LLC (Class 5 Retailer)
- Evan Nison, Elevated Essence, LLC (Class 5 Retailer)
- Samuel Jurist, HASHERY, LLC (Class 5 Retailer)
- Thomas Norcia, Owner, GrowWorksNJ LLC, NJ USDA License #34_00027
- Alexander Schroeder, Owner, Tetracert Nursery and Distribution Cotati CA
- Dan Watkins, President, GreenCELL Holdings, LLC
- Jessie Nackord, Phasal Dispensary
- Joel Schon, Owner Green Buffalo Pharmz LLC, NJ #34_00082
- Siara Price, General Manager, Highway 90 LLC (Class 5 Retailer, Marlton)
- Ray “Dab” Riga, CEO, TLEHL Inc. (Class 2 Manufacturer, Montclair)
- David Valese CCO HONEYGROVE Dispensary
- Joseph Mauro Owner of Green Group Grows NJ LLC, NJ Micro Cultivation
- Liam O’Brien, CMO + Co-Founder, Fernway
- Marianne Bays, Ph.D., Vice President, New Jersey CannaBusiness Association & CEO, Northeast Corridor Provisions
- Scott Rudder, President, New Jersey CannaBusiness Association & CEO, Township Green Dispensary
- Bronwyn McAllister, Little Leaf Labs LLC, (Class 2 Manufacturer) NJ#M000090
- Steve Cassidy, CEO/Founder, Daylite Cannabis (Class 5 Retailer) #RE000021
- Rob Ryder, Co-founder/Brand Marketing, Mad Hatter Dispensary (Class 5 Retailer-Avanel)
- Joshua Krane, General Manager, Garden Greens, LLC (class 1 cultivation, class 2 manufacturer)
- Shayla Cabrera, CEO, Tiaplanta LLC (class 1 cultivation, class 2 manufacturer)
- Kayla Montoro, CEO & Owner, Conservatory Cannabis Company LLC (Class 5 Retailer, RE#000868)
Ancillary Supporters
- Gina Giorgio, Students for Sensible Drug Policy
- David L. Nathan, MD, DFAPA, Founder, Doctors for Drug Policy Reform
- Thomas L. Kube, President of Qubee Hauling LLC, private trucking company
- Paul Davis, Founder Green Dragon Hydroponics CORP
- CannaContent
- Jersey City88
- NisonCo PR
- Bloody Good Vape & Smoke, Flemington and Greenbrook
- Connie McGarrah, Director of Revenue at Rootwurks, Inc
- Jessica F. Gonzalez, Founder, Veridis Quo
- Dan Ulloa, Editor & Publisher of HeadyNJ.com
- Hugh Giordano, United Food and Commercial Workers Union (UFCW) Labor Union Representative
- Edward Grimes, Treasurer, Sativa Cross 501c3, Bayonne
- Darryl Impalli, founder Legacy Remedies and High Society events.
- Kyle Boyar, KB Consultations, Board Member, National Registry of Certified Chemists
- Abigail Kalmbach, PhD, Founder, Maude’s Potted Plant
- Chad Tannous, Board President, New Jersey Psychedelic Club/Board Secretary, Psychedelic Club National office
- Sue DeGregorio-Rosen, RN, Founding member Cannabis Nurses Network, Board member Sativa Cross, 5013c
- Fredric G Gilmore V, CEO Groovy Gardens LLC Black Flag Cannabis, Founder GV Trading Co.
- Chirali Patel, Founder of Blaze Responsibly™
- Mollie Hartman Lustig, Esq. – Cannabis Department Chair, McLaughlin & Stern
- Michael Brennan, Board Member, Coalition for Medical Marijuana-New Jersey, Inc.
- Ken Wolski, RN, MPA, Executive Director, Coalition for Medical Marijuana-New Jersey, Inc.
Appendix A Plant Canopy Amendment Recommendation
One concern regarding S1393/A846 revolves around the ineffectiveness of using plant count as a measurement tool. In certain states, “home grow” plants have reached over 16 feet tall and 10 feet wide, resulting in a canopy area of over 100 square feet and yields over 5 pounds for a single plant. Conversely, other cultivars (strains) of cannabis with relevant and effective cannabinoid and terpene profiles tailored for specific ailments may yield just a few ounces per harvest – an insufficient amount to provide a patient’s supply need when restricted to only four mature plants.
To allow for a reasonable amount of medicine to be cultivated for each patient, as well as to ensure the legalization of home cultivation is not abused for unintended purposes, it is preferred to limit the size of the plant canopy area instead of plant count.
The regulation of cultivation license tiers is based on canopy area, where the smallest micro-license permits 2,500 square feet of mature cannabis plant grow canopy area. There are existing definitions within N.J.A.C. 17:30 that can be utilized for S1393/A846. A 10’ x 10’ area, or 100 square feet, is sufficient space to supply a single medical patient with the amount of cannabis they would require.
Therefore, the following change to S1393/A846 is recommended:
(New section) a. A registered qualifying patient who is 21 years of age or older, or a designated caregiver for the patient, shall be authorized to cultivate and possess a total mature cannabis plant grow canopy area that does not exceed 100 square feet up to four mature cannabis plants and up to four immature cannabis plants for the patient’s personal medical use upon providing notice to the commission as provided in subsection b. of this section. Any medical cannabis that is home-cultivated, according to this section shall be cultivated in the residence of the patient or the patient’s designated caregiver, as applicable, at the address indicated in the individual’s current registry information.
Definitions from N.J.A.C. 17:30:
“Mature cannabis plant” means a harvestable female cannabis plant that is flowering.
Square footage of a mature cannabis plant grow canopy area is measured horizontally starting from the outermost point of the furthest plant in a grow canopy area and continuing around the outside of all plants located within the mature cannabis plant grow canopy area.
If a vertically tiered or shelving system is included in the cultivation area, the surface area of each tier or shelf must be included in calculating the grow canopy area.
A mature cannabis plant grow canopy area is the total square feet in which a cannabis cultivator plants and grows cannabis plants, and does not include areas exclusively used for harvesting, drying, curing, packaging, labeling, or storing cannabis.
