Murphy Wants Tickets With Fines For Underage Marijuana Users Before He’ll Sign NJ Legal Weed Bill
With two marijuana bills stalled on Gov. Phil Murphy’s desk, his office on Tuesday sent lawmakers a proposed change that establishes minor penalties for underage use after New Jersey legalizes weed, two sources told NJ Advance Media.
The change would levy fines of $250 for those under 21 caught with one ounce of marijuana and $500 for possession of more than one ounce, but less than six, according to the sources with knowledge of the “cleanup” bill sent to the Legislature. The legal marijuana legislation permits possession of up to six ounces.
The proposed fines fall below the threshold of a disorderly person’s offense. Police could not arrest young people for marijuana possession, but would simply issue tickets comparable to parking tickets.
That makes the penalties less than those for underage drinking.
Underage Marijuana Users
The requested change also decriminalizes marijuana and cannabis, which have legal distinctions in the legislation. Marijuana is illegally purchased, while cannabis is a controlled product from a dispensary.
“Through the cleanup bill, we’re bringing standardization and coherence to the process,” said a source in Murphy’s administration who was not authorized to speak publicly.
The fine creates a deterrent to youth use, but also takes a progressive approach, the source said.
Lawmakers will have to pass a bill incorporating those changes before both bills that would legalize and set a market to sell marijuana (S21) and decriminalize weed (S2535) move back to Murphy for a signature. It addresses language surrounding penalties in both bills.
It was not clear Tuesday if lawmakers would agree to the change. If they do so quickly, Murphy could sign both bills within days of their action.
Murphy said Monday he was working with the Legislature to hammer out a “technical but important issue.” In doing away with arrests and fines for possessing up to six ounces of marijuana, the decriminalization bill also allowed people under 21 to use marijuana without consequence, even if they cannot purchase it from dispensaries.
But a legislative source with knowledge of the bill and racial justice advocates have said the move was no error. It’s a policy written purposefully to end arrests, one similar to Philadelphia’s 2014 decriminalization law that also included juveniles. And sets an across-the-board fine for minor possession regardless of age.
The delay surprised many Monday. While several debates on taxes, license limits, and employee drug testing derailed the bill as it made its way through the Legislature, no discussions on penalties for underage use emerged.
Lawmakers have also stressed the need to have a law by Jan. 1, when the constitutional amendment legalizing marijuana takes effect. Without reform on the books, police could continue to make arrests that could later face legal challenges in court given. That marijuana becomes a constitutionally protected right in the new year.