Most Progressive Decriminalization Bill in the Country Goes to Governor

Ruiz, Rice, Cunningham, Scutari drive historic measure

Trenton – In an effort to stem the tide of the “War on Drugs,” the Senate and Assembly today sent legislation to the Governor sponsored by Senate President Pro Tempore M. Teresa Ruiz and Senators Ronald Rice, Sandra B. Cunningham and Nicholas Scutari, which would reduce the criminal penalties associated with certain cannabis and hashish-related offenses.

“I am proud to have been a driving force behind what will be the most progressive decriminalization bill in the country and I look forward to seeing this bill signed into law,” said Senator Ruiz (D-Essex). “Not only are we decriminalizing possession but also first offenses for low-level distribution, a move which will offer individuals a second chance and ensure they do not become entangled in the system the first time they are caught selling small quantities of marijuana. This is yet another step towards bringing justice and equity to historically impacted communities.”

The bill, S-2535, would decriminalize possession of up to six ounces of cannabis. Under the bill, distribution of up to one ounce would carry a warning for the first offense and would be a fourth-degree crime for any subsequent offenses. All pending cases that fall under the parameters of the bill would be dismissed.

“Black and Brown communities have borne the brunt of the ‘War on Drugs’. Neighborhoods have been torn apart and lives have been ruined,” said Senator Rice (D-Essex). “I have been a staunch believer in the decriminalization of adult-use marijuana and have been trying to get legislation through the Senate for well over two years. Decriminalization is the long-sought remedy for rampant injustice in our state and I look forward to it finally becoming law.”

The bill would also downgrade the possession of up to one ounce of psilocybin mushrooms, from a third-degree crime to a disorderly person offense. Psilocybin has been designated a “breakthrough” therapy for mental health issues by the U.S. Food and Drug Administration.

“For the last fifty years, marijuana criminalization has been used as a tool to propel mass incarceration,” said Senator Cunningham (D-Hudson). “It has done immeasurable harm to Black and Brown communities around the country, and today we begin to right the ship here in New Jersey. I look forward to seeing the tangible impact this legislation has on our communities in the years ahead.”

The bill would create a new form of “virtual” expungement for certain marijuana and hashish offenses. Any arrest, charge, or conviction for certain marijuana or hashish offenses that occurred prior to the bill’s effective date would be deemed not to have occurred, so there would be no need to petition the court for an expungement.

“The people of New Jersey have spoken,” Senator Scutari (D-Union). “As we approach the legalization of marijuana in our state, it is imperative that this legislation delivers a strong and clear message to law enforcement that marijuana will no longer be criminalized.”

Under the bill, all records relating to unlawful acts of marijuana or hashish possession or distribution that would not be a crime under the bill would be sealed.

The bill includes an array of civil justice protections against discrimination for anyone with an arrest, charge or conviction involving certain marijuana or hashish offenses. The bill would also increase penalties for wrongfully disseminating information related to expunged records.

The bill was released from the Senate by a vote of 31-2 and passed the Assembly by a vote of 64-12.