The New Jersey legalization initiative, Public Question 1, would amend the state constitution to legalize the recreational use of marijuana and its cultivation, processing, and retail sale by a person who is at least 21 years old. It also designates the existing Cannabis Regulatory Commission (CRC), which currently handles medical marijuana, to regulate all legal marijuana commerce. Retail marijuana sales would be subject to the state sales tax of 6.625 percent, but any other state sales taxes would be prohibited. The initiative authorizes the legislature to let local governments add a 2 percent local sales tax.
It also leaves it up to the legislature and the CRC to address unresolved issues. Those include whether and how home cultivation would be allowed, how much weed people could possess, and detailed retail regulations.
If the measure passes, New Jersey will not only be the first to legalize marijuana this Election Day, it will also be the first mid-Atlantic state to do so, and the first to legalize it via a legislatively initiated voter referendum. Of the 11 states (and the District of Columbia) that have so far legalized marijuana, nine did it through citizen-based ballot initiatives, while in the other two, Illinois and Vermont, legislatures passed legalization bills.
But even though Governor Phil Murphy (D) campaigned on marijuana legalization in 2017 and vowed to get it passed in 100 days, legislative infighting, opposition within the Legislative Black Caucus, and bickering over revenues blocked the legislature from ever getting it done. As a last resort, Senate President Stephen Sweeney (D) and marijuana reform champion Senator Nick Scutari (D) filed the resolution giving the voters the final decision. It passed with overwhelming Democratic support over strong Republican opposition in December 2019.