Ballot Measure to Legalize Marijuana Passes in New Jersey

New Jersey voters approved a ballot measure legalizing recreational marijuana, setting the stage for a new market for cannabis in the Northeast.

Source: WSJ | Published on November 4, 2020

Purchasing legal marijuana at a local dispensary using my card as a method of contactless payment.

The successful ballot measure adds an amendment to the state constitution allowing people ages 21 and older to use marijuana. The amendment also allows the state to set up a regulated market to grow, distribute and sell the drug.

The use of recreational marijuana is currently permitted in 11 states and Washington, D.C., according to the National Conference of State Legislatures. Voters in Arizona, South Dakota and Montana also voted on measures to legalize recreational marijuana Tuesday.

New Jersey lawmakers in the Democratic-controlled Legislature were unable to secure enough support to pass legislation to legalize the substance in 2019, despite the backing of top Democrats, including Gov. Phil Murphy. The governor has pushed for legalization throughout his first term in office and has said enforcement of marijuana laws has had a disproportionate impact on Black and Latino New Jerseyans.

“Let me be BLUNT: Legalizing marijuana is a matter of social justice, racial justice, and economic justice,” Mr. Murphy tweeted Monday.

In addition to the social and racial justice aspect, supporters of legalization say it will create more jobs and produce new tax revenue. Opponents say they are concerned it will increase under-age usage and can lead to more traffic accidents from people driving high.

Gregg Edwards, executive director of Don’t Let New Jersey Go to Pot, which opposes the ballot measure, also said it was unwise to pass a constitutional amendment rather than doing it through legislation.

“It will be very difficult to change once it’s in there,” Mr. Edwards said.

Advocacy groups that support legalization raised more than $2 million to pass the ballot initiate, while opponents only raised about $10,000, according to the New Jersey Election Law Enforcement Commission. Marijuana legalization supporters also spent more than $4 million on lobbying from 2017 to 2019, according to the commission.

“This investment may pay dividends for the industry, but it will not pay off for those who will suffer as a result of increased substance use disorders, drugged driving, and poorer educational outcomes and economic opportunities,” said Kevin Sabet, president of Smart Approaches to Marijuana, a group that opposes legalizing recreational pot.

Marijuana products will be subject to the state’s 6.625% sales tax, under the ballot provision. The state Legislature could also authorize local governments to collect an additional 2% sales tax on the drug.

State lawmakers also intend to pass additional enabling legislation to make the market work. It’s unclear how long that will take and when marijuana sales could begin in the state.

Candan Nixon, a 20-year-old biology student at Seton Hall University in South Orange, N.J., said he voted in favor of the proposal, in part, because he believes that laws criminalizing marijuana had contributed to mass incarceration in America.

“Laws like that were specifically designed for the oppression of people of color,” Mr. Nixon said.

Joseph Falgiani, a 39-year-old Republican from South Orange, said that although he doesn’t smoke, he voted in favor of legalization. He said that he doesn’t see why marijuana is illegal when alcohol, which can make people belligerent and aggressive, is allowed.

“Let the people smoke if they want to smoke,” Mr. Falgiani said. “It’s a lot safer than drinking.”