Bill > A3251

Introduced Session

This bill amends the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," concerning personal use of cannabis items, to clarify what constitutes unlawful gifting of marijuana or cannabis. Section 46 of P.L.2021, c.16 (C.2C:35-10a) establishes that certain acts, formerly unlawful, are not unlawful and are not an offense for persons 21 years of age or older, provided cannabis was first obtained directly from a licensed cannabis retailer or delivered by a licensed cannabis delivery service. The lawful acts include possessing, displaying, purchasing, or transporting: cannabis paraphernalia; one ounce (28.35 grams) or less of useable cannabis; the equivalent of one ounce (28.35 grams) or less of usable cannabis as a cannabis product in solid, liquid, or concentrate form. Additionally, the lawful acts include transferring without remuneration: one ounce (28.35 grams) or less of usable cannabis; the equivalent of one ounce (28.35 grams) or less of usable cannabis as a cannabis product in solid, liquid, or concentrate form, based upon the equivalency calculation for different product forms set by the commission pursuant to subsection a. of this section; or five grams (0.176 ounce) or less of cannabis resin to a person who is of legal age for purchasing cannabis items, provided that such transfer is for non-promotional, non-business purposes. Transferring amounts greater than the amounts specified at any one time is still considered a violation of the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and can subject the person to prosecution as if the person distributed unlawful marijuana or hashish in violation of that act. The bill clarifies that "gifting" or transferring cannabis for promotional or business purposes as a gift when in fact the transfer is a central part of a cannabis sales transaction is also a violation of the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and subjects the person to prosecution as if the person distributed marijuana or hashish in violation of that act. In addition, the bill amends N.J.S.2C:35-5, concerning manufacture, distribution or dispensing a controlled substance. Presently, it is unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog. Subparagraph (12) of subsection b. concerns violations involving marijuana. A violation of subsection b. with respect to marijuana in a quantity of one ounce or less is, for a first offense, subject to a written warning, which also indicates that any subsequent violation is a crime punishable by a term of imprisonment, a fine, or both, and for a second or subsequent offense, is a crime of the fourth degree. Subparagraph (12) is amended to further provide that transferring cannabis for promotional or business purposes as a gift when in fact the transfer is a central part of a cannabis sales transaction is a violation of the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (N.J.S.2C:35-1 et al.), and subjects the person to prosecution as a disorderly person. Under the bill, "gifting" or "gift" means transferring cannabis for promotional or business purposes occurring outside of a cannabis sales transaction in a Class 5 retail license facility. It is the sponsor's intent to stress that while gifting is lawful between adults 21 and older under New Jersey's adult-use cannabis law, entities attempting to preempt the regulatory process are in violation of the law.

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Aura Dunn (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document