NJ Senate President Nick Scutari (D-22-Union) introduced a bill requiring the State Police to go after unlicensed cannabis operators and change the NJ Cannabis Regulatory Commission (NJ-CRC).
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Sending State Police After Unlicensed Cannabis Stores
S4847 “requires the New Jersey State Police (NJSP) to develop and implement an enforcement program to identify, investigate, and initiate enforcement actions against unlicensed businesses selling cannabis or cannabis items,” it says.
“The NJSP or a local law enforcement agency is permitted to take steps to close such businesses, seize any cannabis sold by the unlicensed business, and refer the matter for criminal prosecution. In addition, an unlicensed business may be deemed a public nuisance subject to abatement under State and municipal law,” it adds.
They’re supposed to work with local authorities, the NJ-CRC, and the NJ Attorney General to do so.
So far, local authorities have been the ones taking the initiative to go after unlicensed cannabis operators.
Scutari introduced a bill that would have re-criminalized marijuana possession earlier this year. He said he didn’t mean that part versus going after unlicensed shops. Scutari has spoken poorly about underground legacy operators many times.
Cannabis Conflicts of Interest OK?
According to the bill’s unique language, a State officer or employee may hold employment with a medical cannabis company.
But this is only if the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court says it won’t interfere.
The bill also permits an immediate family member of any State officer or employee to hold, directly or indirectly, an interest in medical or adult-use cannabis companies.
But this is only if the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, or the Supreme Court says employment will not interfere with the responsibilities of the State officer or employee, or person.
It also cannot create “a conflict of interest, or reasonable risk of the public perception of a conflict of interest, on the part of the State officer or employee, or person.”
Risk and Perception are relative.
In the State that inspired The Sopranos and Boardwalk Empire, it’s hard sometimes to give the benefit of the doubt.
NJ-CRC Commissioners and Politics
The bill would allow his former Aide during the legalization legislative process, Harris Laufer, to be a CRC Commissioner while he serves as a Councilman in Springfield in Union County.
A member may hold local elected office if the State Ethics Commission and Local Finance Board of the Department of Community Affairs say it won’t interfere with the member’s responsibilities to the commission. It also cannot create a conflict of interest or a reasonable risk of the perception of a conflict of interest.
Under the bill, a commissioner who holds local elected office may campaign and fundraise in an election year.
A new paragraph says “a member who holds local elected office shall be permitted to campaign for local elected office in the same year as the election for such office and shall be permitted to fundraise for that campaign.”
It also says the NJ-CRC Commissioners and staff can go to political events in an official capacity.
The NJ-CRC does not comment on legislation.
NJ-CRC Operating Procedure Changes
“The bill removes the limitation that commission member, the executive director, and employees are prohibited from meeting or discussing with any person any issues involving any pending or proposed application or any matter whatsoever which may reasonably be expected to come before the commission. Under the bill, such meetings or discussions may occur upon the commission’s business premises or any other location designated,” the bill says.
This is likely going to change a lot of things, hopefully for the better.
The NJ-CRC has been reluctant to speak to applicants before, likely due to this law. It likely led to several angry speeches during their public comment periods.
Reducing the Power of the NJ-CRC Chair
It’s clear Scutari wants to reduce the power of the NJ-CRC Chair.
“The chair shall not have direct supervisory powers over the remaining members of the commission,” the bill says.
Additional language says “the bill also establishes that a majority of the authorized members of the commission designate the chair of the commission.”
The nature of the relationship between NJ-CRC Chair Dianna Houenou and Scutari is unclear.
He might use this as a method to remove her.
Incumbent and term-limited Governor Phil Murphy (D) chose Houenou to be the Chair. She was previously serving as a senior advisor in his administration handling cannabis policy.
Houenou previously led the NJ campaign for legalization as a lawyer with the ACLU of New Jersey.
Limiting Town Power Versus Dispensaries
The bill says a medical cannabis dispensary licensed that wants an adult-use license on site doesn’t need town approval.
It could be allowed to begin adult-use cannabis sales even if the town does not allow that, according to the bill.
Towns will also be prohibited from stopping adult-use cannabis sales by a medical cannabis dispensary if it’s been operating without getting violations or warnings for 180 days.
“Any medical cannabis dispensary operating as of the effective date of CREAMMA is not subject to any municipal restrictions on the number of cannabis dispensaries or locations,” it added.
It remains unclear what towns will think about this. They enjoyed great power under “Home Rule” in Jersey.
Cannabis Politics
The bill does not have any co-sponsors or a companion in the Assembly. These are usually signs that it would progress.
However, since Scutari is Senate President, it’s likely to at least get a hearing, which home grow legalization has never had.
Notably, in October, Senator Shirley Turner (D-15-Mercer) introduced a bill, S 4779, that would abolish the NJ-CRC and encourage the NJ State Police to go after underground legacy operators.
It remains to be seen if Scutari’s idea of allowing exactly one cannabis plant to be grown at home and a state bank described to the NJCBA to help entrepreneurs will go forward as well.
