Many in the public operate on the misunderstanding that January 1, 2021 brings with it a whole new bundle of rights for citizens. However, the proposed amendment to the Constitution makes clear that “[t]he growth, cultivation, processing, manufacturing, preparing, packaging, transferring, and retail purchasing and consumption of cannabis, or products created from or which include cannabis, by persons 21 years of age or older, and not by persons under 21 years of age, shall be lawful and subject to regulation by the Cannabis Regulatory Commission.” Similarly, even the resolution passed by the Legislature authorizing the Referendum made clear that any dele
gation to the Cannabis Regulatory Commission (the “CRC”) must first be “authorized by law enacted by the Legislature.” Luckily, just yesterday, Senator Scutari indicated that the Legislature is already working on that enabling legislation, which has at its starting point the framework of S2703.
Interestingly, the Legislature does not need to create the CRC following the Referendum because the CRC already exists as a creature of statute by virtue of the medical cannabis expansion bill signed into law on July 2, 2019, though it only comes into formal existence upon the appointment of the five (5) commissioners, which have yet to be acted upon by the Governor, the President of Senate, and the Speaker of the General Assembly (those statutorily vested with the power to recommend and appoint these Commissioners).