Cannabis Laws in New Jersey: A New Yorker Guide

Photo: Julio Cortez / AP / Shutterstock

In the 2020 general election, New Jerseyans voted two-to-one in favor of legalizing cannabis recreation. Meanwhile, the drug across the Hudson in New York, less than 10,000 feet, is illegal. To find out what the legalization of New Jersey means for the use and possession of cannabis in New York (when, for example, when will we be able to smoke freely at the Hoboken PATH terminal? And will it put drug dealers in the city out of action?), We spoke to more than a dozen experts – including a businesswoman who has been working in the industry for more than a decade, and a criminal lawyer who specializes in cannabis.

How many pharmacies are there currently in New Jersey?
In New Jersey, 12 licenses have been granted to Alternative Treatment Centers (ATCs) – businesses that grow, process and sell cannabis within the rules of the Garden State. Each was also allowed up to two seconds. “Not everyone has opened yet, and some have multiple locations,” said reporter Amanda Hoover, who covers marijuana for NJ.com, the Star ledger, and NJ Cannabis Insider. “I currently believe we stick to 16 pharmacies, but it depends on which day of the month you ask, because it’s increasing pretty fast,” says Shaya Brodchandel, president of the New Jersey Cannabis Trade Association and CEO of Harmony Foundation.

So when will those pharmacies be used for recreation?
The first adult pharmacy is predicted to start in ‘the second or third quarter of 2021 if I’m somewhat optimistic,’ says Edmund DeVeaux, president of the New Jersey Cannabusiness Association. First, the state must pass legislative and decriminalization bills, which will then be signed by Governor Phil Murphy – a process that was expected to take place before the end of the year, but was delayed on December 28, when Murphy proposed fines for minors use to add. . The new bill was returned to lawmakers on Dec. 29, and if they agree to the changes, Murphy could sign both bills within days. Once that happens, the state’s Cannabis Regulatory Commission (CRC) will be fully appointed and the body of five people will have to issue regulations for every part of the industry within six months of the law’s entry into force – from growth to distribution. “The first sales will be from ATCs, because they are already licensed under our medical program, so it will be easier for them to comply with the regulations for adults,” says Jennifer Cabrera, advisor to Vicente Sederberg LLP.

Will there be enough products to go around?
There is concern about the limited cannabis supply because the existing 100,000 medical patients of the state are already ‘complaining about shortages and there are still about 1 million cannabis users who want to enter the state in the legal market’, says Hoover, who says that ATCs must declare that they have enough cannabis stock for medical patients to sell to adults. However, increased production at many ATCs is already well underway, including at Curaleaf, a multi-state weed operator with one location in Bellmawr and two others expected to open this summer. COVID-19’s taxes and financial burden encourage New Jersey to “proceed quickly with this process, which is part of the reason they want to look after grandfather in ATC operators” and give them licenses in the first round of licensing . Patrik Jonsson, regional president of the Northeast of Curaleaf.

Where will leisure pharmacies open? Will there be persons within walking distance of public transport?
Initially, recreational departments will likely open in the same areas as existing medically licensed facilities – both because these ATCs are likely to become medical and medical facilities, and because it’s one way to determine which municipalities are more 420 friendly, ”Hoover said. with existing facilities, including Trenton, Montclair and Secaucus, as well as other areas that have already approved new pharmacies such as Hoboken. Cities with high tourism levels are also a good choice for recreational areas, including Atlantic City – the only municipality in the state that currently has two pharmacies – and Jersey City, which connects directly with New York City during an 11-minute journey on the PATH. “There’s an amazing little downtown, and the mayor, Steven Fulop, was very cannabis-friendly,” said Tara “Misu” Sargente, founder of Blazin Bakery and host of the podcast. TrailBlazin ‘Met Tara Misu. Harmony Dispensary, which is a 30-minute journey from Penn Station, is looking for satellite locations in Jersey City and Hoboken ‘right next to the PATH train’, Brodchandel says. “These are high-population areas in the country where we work, and they’re close to New York, so there’s a lot of traffic and commuters.”

Can I walk in right away and buy products?
“All you need is a government-issued ID to show you are 21,” says Hoover, who says you also want to be on hand with cash, as most of the cannabis industry works cash. only basis due to federal restrictions. Because the New Jersey market is currently monopolized by a dozen operators, state prices are high, averaging about $ 300 to $ 500 per ounce compared to New York, where an ounce is usually in the $ 200 range. is – although Hoover says she’s even heard of people paying up to $ 650 for certain tribes – so if you buy an eighth, you want about $ 50 or more on hand.

And what will you get there first?
At present, the ATCs in New Jersey are restricted to the sale of flowers, cartridges, lozenges and topical products under medical prescriptions, but the Recreational Legislation Bill “considers the sale of flower products and all other edible or digestible products,” says DeVeaux. vapes and edible products. . At Columbia Care, another multi-state operator with one open pharmacy in New Jersey and two that is expected to open this summer, chief growth officer Jesse Channon says new markets generally ‘sell 70 percent high-quality high-quality flowers’. , with vapes and edible products containing the rest. . At the Apothecarium, a multistate chain that has just opened its first location in Phillipsburg, New Jersey, on the border with Pennsylvania, pre-rolls – which are illegal in Pennsylvania – are one of their biggest sellers, along with vapes, which more is ” A user-friendly way of consuming in the COVID world in which we smoke indoors, ” says Chantelle Elsner, the senior VP of retail operations at the Apothecarium.

Where can you smoke in New Jersey?
Smoking and consuming cannabis anywhere other than private property is currently illegal in New Jersey, so once adult entrepreneurs open their doors, it will probably only be legal to smoke in your own or a friend’s home (ideally). one owned, as landlords can still ban the use of cannabis in rental homes under federal law). The Recreational Legislation Bill provides for the eventual creation of cannabis use lounges, ‘licensed cannabis businesses where you pay to go in and bring in your own product,’ says DeVeaux. Consumption lounges are a safe place for people living in public housing – where cannabis remains federally illegal – to consume. They are also an opportunity for ” cannabis tourism ”: 420-friendly businesses – such as limo businesses or ‘bud and breakfasts’, both of which operate in other states, such as Colorado, according to Hoover, which says that auxiliary businesses are often easier is to operate, because they ‘do not really deal with the plant, but with everything around it’, although the businesses will only open after leisure departments have been set up. Since the state is located in a ‘cannabis desert’, as Sargente puts it, these pharmacies and businesses can make a lot of money. “We have 130 million people within a day’s drive of New Jersey, and the nearest place with legalization is Massachusetts, and it’s five hours away, so we need to get marijuana tourism,” she says. Cannabis operators are also counting on customers coming in from outside the state. “Attracting more than 21 neighboring state customers is definitely part of our business plan,” said Jonsson, whose Curaleaf pharmacies are currently located on or near the Philadelphia border. The Apothecarium will also open two additional stores in North Jersey by the summer. ‘They’re both about 20 minutes from New York. Involving people from different areas was definitely a factor in why we chose the locations, ‘says Elsner.

What are the fines for bringing marijuana back to New York?
Transporting marijuana across state borders is federally illegal, but ‘being subject to federal laws on this particular issue is likely to be rare’, especially if it is your first offense and you are not involved in the transport of large quantities, says Jackie Gosdigian, senior policy adviser. at Brooklyn Defender Services, pointing out that legal penalties vary from case to case. In most cases, “if you are in New York and have marijuana, whether it is with your person, in your home, in your car or in your hand, you will be subject to the laws of the State of New York, Says Gosdigian, adding that the illegal possession of less than two ounces of marijuana in New York is a maximum fine of $ 150, not a criminal offense. “If someone has an eighth of the weeds, I really think not that they’ll take them to the FBI building and that it’s a federal case, “said Joseph A. Bondy, a criminal defense attorney and cannabis lawyer. Although federally illegally crossing a border with cannabis, it is likely that this ‘Even if there was enforcement, I can think of a number of defenses for such situations,’ ‘he adds, pointing out that the decriminalization of cannabis in New York State has meant fewer convictions for cannabis across the board. Cabrera agrees that while it’s illegal, you do not often hear of arrests. for the transport of small quantities of marijuana over state lines. ‘I mean how many people are actually pulled over and have their cars searched at a border? This is one of the things that is likely to happen if you are a colored person. Most white people do not handle it. ”

What does legalization mean for the heritage market in New York (and New Jersey)?
Until there is not enough competition to bring prices down, Jessica Gonzalez, an associate of Bressler, Amery & Ross, expects the heritage market – also known as the black market – to continue to perform well. ‘People might rather go to their dealer with whom they have been in a relationship for years’, especially if they do not want to pay tax on their product. But once the state’s recreational market is open and more recreational services open, prices are expected to fall.

And what does that mean for legalization in New York?
“New Jersey is going to be the catalyst for the northeastern states, especially in the tristate area, to legalize,” Gonzalez says, pointing to the tax revenue that borders lose to states by having their residents buy marijuana in New Jersey. “I believe New York will get it within the 2021 budget,” the governor proposed in mid-January, and was usually signed in early April after negotiations with the legislature. Already since mid-December, Governor Andrew Cuomo said at a news conference that the state has a budget deficit of $ 15 billion, which can be partially offset by marijuana revenue.

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