Bill > S4154

Introduced Session

This bill establishes the crime of selling or purchasing marijuana from an unlicensed business. Further, the bill establishes the crime of leader of an illegal marijuana business network. Under current law, the "Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (CREAMMA) provides for the possession, use, and sale of cannabis products for personal use. CREAMMA provides for the legal manufacture and distribution of cannabis products by licensed entities. Under CREAMMA, an unlicensed entity selling cannabis is considered a seller of marijuana and would be subject to criminal penalties under Title 2C of the New Jersey Statutes. An unlicensed entity that sells marijuana is subject to the provisions of N.J.S.A.2C:35-5, which establishes various penalties for manufacturing, distributing, or dispensing of illegal controlled dangerous substances. This bill establishes additional penalties for the manufacture, distribution, or dispensing of marijuana by a business not licensed by the Cannabis Regulatory Commission (commission) as a cannabis business. Under the bill, it is a third degree crime for an owner of a business to manufacture, distribute, or dispense any quantity of marijuana. A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both. Further, the bill establishes a second degree crime if a person conspires with others as an organizer, supervisor, financier, or manager to engage for profit in a scheme or course of conduct to unlawfully manufacture, distribute, or dispense marijuana through more than one unlicensed businesses. A second degree crime is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A person found guilty of this crime is subject to the presumption of imprisonment established pursuant to subsection d. of N.J.S.A.2C:44-1. Additionally, this bill establishes a disorderly persons offense for knowingly purchasing marijuana from a business that is not licensed by the commission. A disorderly persons offense is punishable by a term of imprisonment not to exceed six months, a fine not to exceed $1,000, or both. Finally, the bill permits the State Police, in conjunction with the Office of the Attorney General, to close any business that violates this bill or N.J.S.A.2C:35-5 and requires the seizure of any marijuana maintained by the business.

AI Summary

Committee Categories

Nick Scutari (D)*,  Tony Bucco (R), 

Senate Judiciary Hearing (10:00:00 5/29/2025 Committee Room 4, 1st Floor, State House Annex, Trenton, NJ) (on 05/29/2025)

Official Document