4 New Jersey weed laws that need changing now

New Yorkers can consume in public, Pennsylvanians can grow at home, but New Jersey still criminalizes the plant in far too many ways

The Tri-State Weed Race is shaping up to be a marathon.

New Jersey beat its neighbors in New York and Pennsylvania by a mile by beginning sales of adult-use cannabis in April. But many smokers in The Garden State still face ridiculous hurdles to safe access and consumption thanks to some restrictions.

Across the Hudson River in New York City, millions can smoke anywhere they can smoke tobacco. You just can’t buy it quite legally yet. And across the Delaware River in Pennsylvania, Gov. Tom Wolf is asking PA lawmakers to come up with a legal framework for a recreational market so it can legally sign off on adult use. Since the 420-friendly Lt. gov. John Fetterman is leading the primaries, help should be on the way soon.

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Because of this, New Jersey could see its early lead in the tri-state race dwindle, especially if lawmakers and regulators don’t address the major gaps in the state’s current cannabis policy.

It’s nice that NJ police officers are willing to escort you across the street to one of the state’s 13 (and counting) pharmacies. But the same officer could also arrest you for smoking the weed you just bought at a local park, in a parked car, or even at your rented house or apartment.

Plus, NJ still has tough home-growing and edibles laws as law enforcement continues to criminalize a crop said to bring in billions to the state.

Here are the four weed laws that need to be changed to provide safer and more equitable access throughout the Garden State.

1. New Jersey needs to normalize consumption

Today, the only place where it’s legal to smoke cannabis in New Jersey is at home. If you don’t own your home, your landlord must give permission, even if you smoke on your porch or out a window. That complicates things for the roughly 36% of New Jersey households that rent.

Sneaking a joint into a parked car, even as a passenger, could also cause a traffic jam. And public parks are also no-go areas for ganja, making community smoke excursions like those that took place in Washington Square Park last month impossible.

This all leads to the question: why would NJ legislators and regulators legalize the purchase and possession of weed for all adults without providing safe spaces for use?

Washington Square Park, NYC's 420 weekend melting pot.  (Meg Schmidt)Washington Square Park is a 420-friendly melting pot for New Yorkers. But when and where can NJ residents smoke their weed in the sun? (Meg Schmidt)

New Jersey already has a “not-in-my-backyard” (NIMBY) problem, as many cities oppose legalization, banning dispensaries and legal cannabis companies from opening stores for fear of attracting unwanted visitors. While NJ politics appears deep blue on Electoral College maps, not all residents are liberal when it comes to weed use or other political issues.

Heavily regulated CRC-licensed smoke lounges are expected to open later this year, but residents and visitors will still need safe public spaces to consume all the legal weed they buy.

Until the laws change, these are the only places you can legally smoke cannabis in New Jersey:

  • Your home when it’s yours
  • Any residence where the homeowner or landlord allows
  • A licensed consumption lounge (none open yet)

2. New Jersey needs to legalize food

Child's hand reaching for candy;  what happens when kids eat marijuana ediblesSeriously, no one wants to waste their edibles on your child. (Adobe Stock)

Edibles are not currently legal in New Jersey. Lawmakers claim the ban protects children, a popular New Age lie of Reefer Madness’ descendants. But many medicinal and recreational buyers prefer or demand non-smokable cannabis.

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In April, Pennsylvania lawmakers introduced legislation to allow edibles in their medical marijuana program. But New Jersey lawmakers show no urgency on the matter.

Their concern is twofold: to regulate the safe production of these food and beverage products and to ensure that the finished packaging is kept out of the reach of children. The CRC rightly takes edibles manufacturing and packaging seriously, but none of the issues should be used as an excuse for prolonged delays.

3. New Jersey needs to legalize home growing

Nick D'Amelio, Plant Manager at TerrAscendNick D’Amelio, cultivation manager at TerrAscend in New Jersey, Maryland and Pennsylvania, grows legal weed for big brands like Cookies on the east coast. For now, NJ residents are forbidden from honing their cultivation skills at home and face 3 to 20 years in state prison if caught growing plants. (Jon Bain)

The Garden State is the only legal medical marijuana state that doesn’t allow patients to grow their own cannabis. And lawmakers aren’t just shaming their state’s nickname with this choice; they’re also hurting medical patients and responsible adults who have already voted in droves for legal weed.

Nick Scutari helped legalize it in New Jersey. But he’s also one of the biggest opponents of home growing. Scutari claims law enforcement has said home growing feeds illegal markets in states like Colorado.

But most experts say that doesn’t happen. “Mature markets like Colorado, California and Oregon have shown that this is simply not the case,” said DeVaughn Ward, senior attorney for the national cannabis policy group, the Marijuana Policy Project.

Chris Goldstein, a local NORML organizer, told The Philadelphia Inquirer: “[homegrow] is safe. It’s inexpensive. And once you learn a few basic techniques, it’s like growing tomatoes—relatively easy.”

Home growing can also protect consumers from price fixing and corporate monopolies in the medical and recreational markets. But until the NJ home growing weed laws change, growing 9 plants can get you 3-5 years and a $25,000 fine, growing 10-49 can get you 5-10 years and a $150,000 fine and growing 50 or more plants can bring you 10. 20 years with a fine of $300,000.

Police Marijuana ArrestPolice have used the cannabis ban as an excuse to harass and arrest black and other people of color for decades. Law enforcement agencies not only enforce these unjust laws, they help create them, protect them, and increase the suffering they cause. (AdobeStock)

4. New Jersey must free and forgive all non-violent cannabis offenders

In the months leading up to the first day of Rec sales, New Jersey police began cracking down on illegal cannabis deals.

Cops seized $243,000 and more than £100 from a Burlington County cash shop that sold marijuana, edibles and psychedelic mushrooms. Another six-figure bust from Englewood’s Dirty Jerzy Supplies reportedly transported hundreds of pounds from Massachusetts.

Regulators may think they’re clearing the streets so the legal market can thrive. But they’re really just bringing the ban into a new business-friendly era.

With 40,000 Americans still behind bars on cannabis charges, including many New Jersey residents, lawmakers must clear and forgive anyone with nonviolent cannabis charges before legalization becomes a success.

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New Jersey is the latest cannabis social justice battleground

Visit and contact The Last Prisoner Project or any other anti-prohibition organization to see how you can support current drug war prisoners.

And it’s not just prisoners who deserve freedom, forgiveness and justice from the drug war. Their families also deserve a piece of this industry.

There’s no denying that criminalization is taking a toll on those who lost loved ones to weed convictions for years. Now, states like Massachusetts are even giving family members of cannabis offenders a head start in the market. And while the CRC and the NJ Legislature have so far gone the extra mile to prioritize social justice in the state’s new cannabis laws, the state is still locking people up for a no-harm plant.

Something has to change.

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