New Jersey voters on Tuesday approved a constitutional amendment to legalize marijuana, capping an effort launched by lawmakers three years ago and setting the stage for a big-money industry to do business in the Garden State.
The Associated Press called the referendum just after 9:50 p.m.
Gov. Phil Murphy campaigned in 2017 on the promise to legalize marijuana within his first 100 days in office. But lawmakers could not muster enough votes in the state Senate to pass legislation sponsored by Sen. Nick Scutari, D-Union, and eventually voted to put it on the ballot for the people to decide.
And they did so Tuesday in a victory that wasn’t a surprise as polls showed some 60% of voters were likely to approve the referendum.
“Legalization is the result of years of hard work from a diverse group of individuals and communities,” said Scott Rudder, president of the New Jersey CannaBusiness Association. “Senator Nick Scutari’s idea that used to generate snickers in the halls of Trenton when he first talked about it has finally become a reality."
Marijuana remains illegal at the national level, but 11 states and Washington, D.C., have already legalized it and begun to sell without interference from the federal government. More than 30 states, including New Jersey, also have medical marijuana programs.
This moment ends years of anticipation for legal weed advocates — but the vote does not mean marijuana will be legal Wednesday morning.
Lawmakers must still pass a bill governing the rules and regulations of the industry, and Murphy, along with Assembly Speaker Craig Coughlin, must still name appointees to a Cannabis Regulatory Commission, which will oversee the industry.
Senate President Stephen Sweeney has already made his appointment to the panel. Sen. Nick Scutari, D-Union, on Tuesday said he hopes to introduce that enabling legislation on Thursday.
Scutari also said the state’s existing medical marijuana dispensaries could begin selling to the public immediately after the bill becomes law, as long as they can prove they have enough inventory to satisfy patient needs first.
But supply has long been a problem in the medical marijuana program, and the marijuana industry is not yet prepared for an influx of 1 million customers, the estimated number of people who already use marijuana in New Jersey.
NJ CAN 2020 ran the main campaign in favor of the question, pinning the focus on racial justice reforms. Police in New Jersey still arrest nearly 100 people a day for marijuana offenses, a disproportionate number of whom are Black.
That likely will continue until the Legislature passes either enabling legislation or one of two bills seeking to decriminalization possession of marijuana.
But those who campaigned in favor celebrated the victory Tuesday night.
“This is a resounding victory,” said Amol Sinha, executive director of the ACLU-NJ and part of the NJ CAN 2020 coalition. “NJ CAN started out with a mission to make sure that we wouldn’t replicate politics as usual in New Jersey, and I think we stayed true to that mission. We have showed New Jersey that you can win politics in our state by staying with principles.”
“This is exciting, the Legislature has its marching orders delivered by the people,” Sinha said. “We need to see implementation of enabling legislation as fast as possible and legislation that centers racial justice.”
Only one group registered to campaign against the ballot question: Don’t Let NJ Go to Pot. The group raised significantly less money than those in favor.
Kevin Sabet, the president of the national anti-legalization group Smart Approaches to Marijuana, called the results “disappointing, but not surprising," and said the group will continue to monitor how the marijuana industry unfolds in New Jersey.
“I believe most people probably thought they were decriminalizing — not necessarily legalizing — marijuana. You will see some of the same people who voted for this will stand with us to stop pot shops in their communities. They will also stand with us as we pressure the legislature into making regulations that can at least partially protect public health.”
Analysts expected the ballot question to draw near-record spending in New Jersey, but the campaign turned into a quiet one. The coronavirus outbreak moved traditional rallies to virtual forums, and a lack of fundraising led NJ CAN 2020 to resort to social media advertising in place of mailers and TV spots.
Voters in Arizona, Montana and South Dakota were also weighing in on ballot questions to legalize marijuana in their states.
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