The NJ Senate Judiciary Committee passed a bill imposing penalties on businesses selling “marijuana,” targeted at smoke shops, shady convenience stores, and perhaps underground legacy operators.
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NJ Senate Considers Marijuana Fines Bill
The bill S4287 says, “any person, who owns, operates, controls, manages or maintains a business concern that sells, offers for sale, or distributes for commercial purpose marijuana to any person without a license is to be guilty of a crime of the third degree.”
They will be “subject to a fine of not less than $10,000 nor more than $50,000 and in the case of a partnership, joint venture, association, corporation, or any other legal entity, to a fine of not less than $100,000 nor more than $250,000.”
The bill defines “business concern” to mean any corporation, association, firm, partnership, sole proprietorship, trust, or other form of commercial organization or enterprise.
They also want to fine businesses for selling flavored tobacco.
The bill notes that marijuana or vapor products will be seized by police if found.
It seems to target repeat offenders, especially smoke shops, shady gas stations, and convenience stores. The bill says, “a business concern found to have committed more than two violations… within a two-year period shall be deemed a public nuisance.”
“A municipality shall have the power to impose restrictions on the operation, including closure, of any business concern determined to constitute a public nuisance.”
Tobacco Vape Issues
Lobbyist Eric Blomgren, who said he is the Executive Director of an association of gas stations, spoke in favor of the bill. However, he wanted amendments which he thought were likely to pass.
“Our Association members have always supported full compliance with the law and a level playing field for every business to compete on,” Blomgren argued.
“For the last 6 years, that has not been the case for vapor products,” he complained.
Blomgren says illegal tobacco sales are cutting into the State’s percentage of money it should be making from the sales tax.
“These new penalties are tough but fair,” he added.
NJ Cannabis Trade Association (NJCTA) President Todd Johnson was also said to be for the bill but had no need to testify. So, he did not speak.
Heady NJ has heard from many licensed NJ cannabis operators that have been very unhappy with unfair competition from shady smoke shops.
A Committee Aide noted the New Jersey Attorney General’s Office was in favor of the bill as well.
Business Recriminalization Versus Individual Possession Decriminalization
“We did a bunch of work … on the decriminalization of certain amounts of cannabis,” NJ Senate Whip Troy Singleton (D-7-Burlington) noted. “Does this legislation recriminalize folks that we’ve already moved from criminal prosecution based on the 2021 law?”
Bucco denied it.
“I don’t doubt that’s not the intent because I know you very well…. But could someone interpret it as such?” Singleton asked.
“…We’ll take another look at it if it needs to be tightened up… It’s clearly not either of our intents to do that,” Bucco said.
“I have full confidence in both of you in that regard,” Singleton replied.
The NJ Senate Judiciary Committee passed it unanimously without commenting on it further.
Marijuana Sales Crackdown Bill Details
NJ Senate President Nick Scutari (D-22-Union and Somerset) sponsored the bill with NJ Senate Republican Minority Leader Anthony M. Bucco (R-25-Morris and Passaic).
Notably, Bucco is now a sponsor of the medical cannabis home gardening legalization bill, which Scutari remains opposed to.
The bill does not have its necessary companion yet in the NJ Assembly for it to become law.
However, Scutari will likely be able to find one to get Governor Mikie Sherrill (D) to sign it into law by the end of the year.
