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NJ Marijuana Legalization Ballot Question FAQ

October 12, 2020


On November 3, 2020, the citizens of New Jersey will answer Public Question 1, the Marijuana Legalization Amendment, which proposes a constitutional amendment legalizing the possession and use of marijuana for persons age 21 and older as well as the cultivation, processing, and sale of retail marijuana.

Montgomery McCracken answers your most frequently asked questions:

1. If passed, when would the amendment take effect?

A: January 1, 2021.

2. What regulations would apply to this amendment?

A: The Cannabis Regulatory Commission (CRC) would create new regulations for the cultivation, processing, and purchase of recreational marijuana.

3. Will marijuana be taxed?

A: Yes, the the amendment would impose a 6.625% sales tax.  Local governments will be permitted to enact a 2% additional sales tax on marijuana.

4. What is the current state of legalization in New Jersey?

A: Currently, only medical marijuana is legalized in New Jersey.

5. What is the likelihood this constitutional amendment will be passed?

A: According to a recent poll by Fairleigh Dickinson University, the odds are approximately 2 to 1 that this measure will pass.

6. How many states currently legalize recreational marijuana?

A: 11 (and D.C.): Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington. Recreational marijuana is decriminalized in New York.

7. Will the question be on mail-in ballots?

A: Yes.

8. What is the language of the question?

A: Vote yes or no: Do you approve amending the Constitution to legalize a controlled form of marijuana called “cannabis”?

Only adults at least 21 years of age could use cannabis. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market.

Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.

You can read the full Senate Concurrent Resolution No. 183 here.

If you have any questions regarding how your business will be impacted by potential legalization, or want to speak to an attorney in our Cannabis Law Practice Group, please contact Alexandra Jacobs or Georgette Castner.