On Tuesday November 3, 2020, New Jersey voted to become one of now 11 states to legalize the recreational use of marijuana. This has been considered a large win for the State of New Jersey. However before everyone jumps for joy, this needs to be understood a lot more.
The major misunderstanding is that people can start using recreational marijuana immediately and there are no repercussions. This is a fallacy. Currently, marijuana is still illegal, but has been decriminalized to an extent. New Jersey’s Attorney General, Gurbir S. Grewal, stated “All of the State’s criminal laws relating to marijuana continue to apply.”
The New Jersey Constitutional Amendment allowed for the legalization of marijuana, but a regulatory and oversight committee has to be implemented first before legalization occurs.
In addition, marijuana is now subject to New Jersey’s 6.625% sales tax. There is also the potential that marijuana could have additional taxes added to it.
New Jersey has also stated that before recreational marijuana can begin, the state commission has to ensure that medical marijuana patients are fully supplied before recreational use can begin.
Historically in the United States, there has never been an increase of over 1 million potential new users. There is a potential that the marijuana industry will not be able to supply this increase in demand immediately. To fill the demand it will take time and some patience on behalf of consumers.
On the legal side, the Police Chiefs of New Jersey are requesting to be members of the committee to help implement proper testing and devices to check for those that may be under the influence of marijuana when driving.
Employers should be contacting legal counsel now to begin to draft and institute proper marijuana policies. The State of New Jersey cannot test an individual for marijuana usage, but private employers are allowed to implement testing protocols.
Therefore, at this time, marijuana is still illegal and the criminal penalties will remain until further notice. There are a lot of intricate parts to ensuring the public is protected and private employers have some additions to employee handbooks that need to be made.