New Jersey Public Question 1, Marijuana Legalization Amendment (2020)

From Ballotpedia
Jump to: navigation, search
New Jersey Public Question 1
Flag of New Jersey.png
Election date
November 3, 2020
Topic
Marijuana
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

New Jersey Public Question 1, the Marijuana Legalization Amendment, was on the ballot in New Jersey as a legislatively referred constitutional amendment on November 3, 2020. Public Question 1 was approved.

A "yes" vote supported this constitutional amendment to legalize the possession and use of marijuana for persons age 21 and older and legalize the cultivation, processing, and sale of retail marijuana.

A "no" vote opposed this constitutional amendment to legalize the possession and use of marijuana and the cultivation, processing, and sale of retail marijuana in New Jersey.


Election results

New Jersey Public Question 1

Result Votes Percentage

Approved Yes

2,737,682 67.08%
No 1,343,610 32.92%
Results are officially certified.
Source


Overview

What did the ballot measure do?

See also: Changes to New Jersey Constitution

Question 1 added an amendment to the state constitution that legalizes the recreational use of marijuana, also known as cannabis, for persons age 21 and older and legalizes the cultivation, processing, and sale of retail marijuana. The constitutional amendment took effect on January 1, 2021.[1] New Jersey was the first state in the Mid-Atlantic to legalize marijuana.

The five-member Cannabis Regulatory Commission (CRC), which was first established to oversee the state's medical-marijuana program, was responsible for regulating the cultivation, processing, and sale of recreational marijuana.[1]

Question 1 applied the state sales tax (6.625 percent) to recreational marijuana but prohibit additional state sales taxes. The state Legislature was authorized to allow local governments to enact an additional 2 percent sales tax on recreational marijuana.[1]

The ballot measure did not provide additional specifics, such as possession limits, home-grow rules, and retail regulations; rather, the legislature and CRC needed to enact additional laws and regulations.

How was the measure placed on the ballot?

See also: Path to the ballot

On December 16, 2019, the New Jersey State Legislature passed a resolution placing the constitutional amendment on the ballot. Most legislative Democrats (72 of 79) supported the resolution, and most legislative Republicans (36 of 41) opposed the resolution.[2]

Question 1 is the first legalization measure that a state legislature has referred to voters. In Illinois and Vermont, the state legislatures passed bills to legalize marijuana. The other nine states (and D.C.) that have legalized marijuana did so through the ballot initiative process, in which campaigns collected signatures to place their issues before voters. There is no initiative process in New Jersey.

Senate President Stephen Sweeney (D-3) and Sen. Nicholas Scutari (D-22) introduced the resolution after the legislature failed to pass a statute to legalize marijuana.[3] Gov. Phil Murphy (D), who was elected in 2017, campaigned on marijuana legalization. Sweeney said his goal was to get a marijuana legalization bill passed within 100 days of Murphy's term.[4] On November 18, 2019, Sweeney and Scutari issued a joint statement, saying, "... we recognize that the votes just aren’t there. We respect the positions taken by legislators on what is an issue of conscience."[5] The co-sponsors said they were confident that legislators would pass a constitutional amendment instead, which would leave legalization up to voters.[6] Gov. Murphy said that while he preferred legislation over a ballot measure, he had "faith that the people of New Jersey will put us on the right side of history when they vote next November."[7]

Text of measure

Ballot question

The ballot question was as follows:[1]

“
CONSTITUTIONAL AMENDMENT TO LEGALIZE MARIJUANA

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.[8]

”

Ballot summary

The interpretive statement was as follows:[1]

“
INTERPRETIVE STATEMENT

This amendment would legalize a controlled form of marijuana called “cannabis.” Only persons at least 21 years of age could use cannabis products legally.

The Cannabis Regulatory Commission would oversee the new adult cannabis market. This commission was created in 2019 to oversee the State’s medical cannabis program. The scope of the commission’s new authority would be detailed in laws enacted by the Legislature.

All retail sales of cannabis products in the new adult cannabis market would be subject to the State’s sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.[8]

”

Constitutional changes

See also: Article IV, New Jersey Constitution

The ballot measure added a Paragraph 13 to Section VII of Article IV of the New Jersey Constitution. The following underlined text was added:[1]

Note: Use your mouse to scroll over the below text to see the full text.


13. The 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 created by P.L.2019, c.153 (C.24:6I-5.1 et al.), or any successor to that commission.

(1) The commission’s or successor’s regulatory authority concerning legalized cannabis shall be authorized by law enacted by the Legislature.

(2) The receipts from retail purchases of cannabis or products created from or which include cannabis shall only be subject to the tax imposed under the “Sales and Use Tax Act,” P.L.1966, c.30 (C.54:32B-1 et. seq.), as amended and supplemented, or any other subsequent law of similar effect; provided, however, that a municipality, subject to authorization by law enacted by the Legislature, may adopt an ordinance to impose an additional municipal tax on the sale, or any other form of transfer, of cannabis or products created from or which include cannabis by an authorized party located in a municipality. The municipal tax rate shall not exceed two percent of the receipts from each sale of cannabis or products created from or which include cannabis by an authorized party or the equivalent value from any other form of transfer by an authorized party.

As used in this paragraph:

“Cannabis” means all parts of the plant Genus Cannabis L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. “Cannabis” does not include: cannabis dispensed and consumed for medical purposes pursuant to any law enacted by the Legislature; hemp or hemp products subject to regulation under the “New Jersey Hemp Farming Act,” P.L.2019, c.238 (C.4:28-6 et al.), or any successor enactment thereto; or unregulated cannabis, referred to as marijuana, and products created from or which include marijuana.[8]

Readability score

See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 12, and the FRE is 34. The word count for the ballot title is 80, and the estimated reading time is 21 seconds. The FKGL for the ballot summary is grade level 11, and the FRE is 39. The word count for the ballot summary is 104, and the estimated reading time is 27 seconds.


Support

NJ CAN 2020.png

NJ CAN 2020 led the campaign in support of the constitutional amendment.[9][10]

Supporters

Officials

Corporations

  • Scotts Miracle-Gro Company
  • Weedmaps

Organizations

  • ACLU of New Jersey
  • American Trade Association for Cannabis and Hemp
  • Coalition for Medical Marijuana of New Jersey
  • Doctors for Cannabis Regulation
  • Drug Policy Action
  • Latino Action Network
  • Law Enforcement Action Partnership
  • NAACP New Jersey State Conference
  • NJ CannaBusiness Association


Arguments

  • U.S. Rep. Frank Pallone (D-6): "Enforcement of marijuana laws has led to the unequal treatment and targeting of minority communities and has contributed to the mass incarceration of Black people in New Jersey and throughout our country. Marijuana should be legalized."
  • NJ CAN 2020: "Regulation of a legalized market and industry will allow for stringent quality control and best practices, better ensuring a safer product than an unregulated market. It would also limit the ability of those underage from obtaining marijuana designed for adult use. All of this would promote public health and safety."
  • NJ CAN 2020: "Legalizing cannabis for adult use will reduce costs, create jobs, and generate revenue for New Jersey."
  • Michael McQueeny, a lawyer who focused on cannabis law: "If we didn’t need the money before, we certainly need it post-pandemic with all the austerity measures that are being talked about at the state level due to certain budget issues because of the pandemic."
  • State Sen. Nicholas Scutari (D-22): "It will be an economic engine for New Jersey when it gets going. The greater impact on society is going to be the job opportunities, people getting employed and paying their employment tax, people not getting arrested. It’ll be a whole new industry just like we have liquor stores, and we have breweries and we have beverage warehousing."


Opposition

Don’t Let NJ Go to Pot led the campaign in opposition to the constitutional amendment.[11]

Opponents

Organizations


Arguments

  • Stephen Reid, Executive Director of NJ RAMP: "The pot advocates here in Trenton are desperate to institute their addiction-for-profit model in New Jersey."
  • Kevin Sabet, president of SAM: "It’s time to finally take action on the social justice concerns the promoters of legalization have raised, but they will not be solved by creating a commercial marijuana market in New Jersey. Marijuana commercialization is indeed a social injustice and polling has routinely shown New Jersey residents don’t want pot shops in their back yards. It’s time to end this reckless push once and for all."
  • Shawn Hyland, Director of Advocacy for the Family Policy Alliance of New Jersey: "The detrimental effect recreational marijuana will have in the Garden State is undeniable. Study after study shows legalizing pot will put the public safety of New Jerseyans at risk. If our legislators continue to support this measure, they are ignoring the historical trends of harmful youth usage and the extensive negative effect legalized marijuana has had on communities of color."


Campaign finance

See also: Campaign finance requirements for New Jersey ballot measures

The NJ CAN 2020 PAC was registered in support of the ballot measure. The PAC received $1.1 million.[12]

The Don't Let NJ Go to Pot PAC was registered in opposition to the ballot measure. The PAC received $8,875 in contributions.[12]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $768,658.54 $312,886.38 $1,081,544.92 $0.00 $312,886.38
Oppose $8,875.00 $0.00 $8,875.00 $0.00 $0.00

Support

The contribution and expenditure totals for the committee in support of the ballot initiative were as follows:[12]

Committees in support of Public Question 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
NJ CAN 2020 $768,658.54 $312,886.38 $1,081,544.92 $0.00 $312,886.38
Total $768,658.54 $312,886.38 $1,081,544.92 $0.00 $312,886.38

Donors

The following were the top five donors who contributed to the committee:[12]

Donor Cash Contributions In-Kind Contributions Total Contributions
American Civil Liberties Union of New Jersey $350,000.00 $106,761.38 $456,761.38
Weedmaps $10,000.00 $164,000.00 $174,000.00
United Food and Commercial Workers International Union $125,000.00 $0.00 $125,000.00
Scotts Miracle Gro $100,000.00 $0.00 $100,000.00
New Approach PAC $10,000.00 $39,125.00 $49,125.00

Opposition

The contribution and expenditure totals for the committee in opposition to the ballot initiative were as follows:[12]

Committees in opposition to Public Question 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Don't Let NJ Go to Pot $8,875.00 $0.00 $8,875.00 $0.00 $0.00
Total $8,875.00 $0.00 $8,875.00 $0.00 $0.00

Donors

The following were the top five donors who contributed to the committee:[12]

Donor Cash Contributions In-Kind Contributions Total Contributions
Melissa Tasse $5,000.00 $0.00 $5,000.00

Media editorials

Support

The following media editorial boards published an editorial supporting the ballot measure:

  • The Star-Ledger Editorial Board: “They’ve seen that like the prohibition on alcohol in the 1920s, our war on weed is nonsensical and destructive. Black people are arrested disproportionately, deepening inequality; it’s an extraordinary waste of law enforcement resources, and a boon to the criminal black market. We are long past the tipping point on this, with two-thirds of voters now backing legalization, and it’s on the ballot only because of a failure of political courage. … Legislators have made a circus out of this issue for far too long. Get out and vote, and end the reefer madness.”
  • The Philadelphia Inquirer Editorial Board: We support marijuana legalization and tax breaks for veterans. Vote Yes on Questions 1 and 2.


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • The Press of Atlantic City Editorial Board: "State leaders greedy for new revenue have asked voters to legalize an addictive mind-altering drug, marijuana, so they can tax it and oversee a lucrative commercial industry selling it. Gov. Phil Murphy and legislative leaders won’t even acknowledge that medical science considers marijuana harmful and addictive, especially the younger a person starts using it. So much for listening to the experts. ... Don’t do it. Just say no to legalizing marijuana (promoted under its more marketable name, “cannabis”) on the ballots arriving in the mail now and at polling places on Nov. 3."


Polls

See also: 2020 ballot measure polls
New Jersey Public Question 1, Marijuana Legalization Amendment (2020)
Poll Support OpposeUndecidedMargin of errorSample size
Stockton University Poll (registered voters)
10/7/2020 - 10/13/2020		 66.0%23.0%10.0%+/-3.7721
Fairleigh Dickinson University Poll (likely voters)
9/30/2020 - 10/5/2020		 61.0%29.0%10.0%+/-4.6582
Brach Eichler Cannabis Poll (likely voters)
7/07/2020 - 7/12/2020		 67.6%26.6%5.8%+/-4.38500
Monmouth University Poll (registered voters)
4/16/2020 - 4/19/2020		 61.0%34.0%5.0%+/-3.9635
AVERAGES 63.9% 28.15% 7.7% +/-4.15 609.5
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to [email protected].

Background

Marijuana-related ballot measures
Cannabis sativa leaf.png
• 2020 marijuana ballot measures
• Marijuana on the ballot
• Local marijuana on the ballot
• History of marijuana on the ballot
• Marijuana laws in the U.S.

Legalization in the U.S.

See also: Marijuana laws and ballot measures in the United States and History of marijuana on the ballot

California Proposition 19, which would have legalized marijuana, appeared on the ballot in 2010. It was defeated, with 53.5 percent of voters casting "no" votes.[13] U.S. Attorney General Eric Holder commented on Proposition 19, saying President Barack Obama's (D) administration would "vigorously enforce the (Controlled Substances Act) against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law."[14]

In 2012, legalized recreational marijuana advocates saw their first statewide victories in Colorado and Washington. Two years later, voters in Oregon, Alaska, and Washington, D.C. approved marijuana legalization. Regarding how the federal government would respond, President Obama stated, "We've got bigger fish to fry. It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal."[15]

In 2015, voters in Ohio defeated Issue 3, which was designed to legalize the sale and use of marijuana and authorize 10 facilities with exclusive commercial rights to grow marijuana.[16]

Arizona, California, Maine, Massachusetts, and Nevada all had marijuana legalization initiatives on their 2016 general election ballots. The initiatives passed in all of the states but Arizona, where voters rejected the measure 51.3 to 48.7 percent.[17]

Michigan became the first state in the Midwest to legalize marijuana after voters approved Proposal 1 in 2018.[18] North Dakota Measure 3, which was also on the ballot in 2018, would have legalized marijuana but was defeated.[19]

As of 2019, two states—Illinois and Vermont—had legalized the recreational use of marijuana through the legislative process and governor's signature.[20][21]

The following map depicts the legal status of recreational marijuana in different states:

State political context of legalization ballot measures

The following table provides information on the political context of the states that had voted on legalization measures as of 2022.

Click "Show" to expand the table.

Comparison of legalization ballot measures

The following table compares a selection of provisions, including possession limits, local control, taxes, and revenue dedications, of ballot initiatives that were designed to legalize marijuana.

Click "Show" to expand the table.

Election of Gov. Murphy

See also: New Jersey gubernatorial and lieutenant gubernatorial election, 2017

At the election on November 7, 2017, Phil Murphy (D) was elected governor, succeeding Chris Christie (R). The change in control of the governor's office made New Jersey a Democratic trifecta for the first time since 2009, meaning Democrats controlled the governor's office and both state legislative chambers. Gov.-elect Murphy stated, "The criminalization of marijuana has only served to clog our courts and cloud people’s futures, so we will legalize marijuana. And while there are financial benefits, this is overwhelmingly about doing what is right and just."[22] Senate President Stephen Sweeney (D-3) said his goal was to get marijuana legalization legislation passed within 100 days of Murphy's term.[4]

The New Jersey State Legislature did not pass legislation to legalize marijuana in 2018 or 2019.[23] On May 15, 2019, Senate President Sweeney said there were not enough votes to pass marijuana legalization. "There’s no sense dragging this out," he stated. Sweeney said that he expected the legislature to pass a constitutional amendment instead, which would put the issue before voters as a ballot measure.[24] He stated, "The 2020 general election, I think, will be successful, and we will move forward with adult use."[25] Gov. Murphy responded that he preferred legislation over a ballot measure. He stated, "It takes more courage. It's a tougher vote for many. That's still the preferred route."[26]

Marijuana on the ballot in 2020

See also: 2020 marijuana legalization and marijuana-related ballot measures

State ballot measures

The following is a list of marijuana-related statewide ballot measures that were on the ballot in 2020:

Ballot Measure:Outcome:
Mississippi Initiative 65 and Alternative 65A: Medical Marijuana AmendmentOverturnedot


Path to the ballot

Amending the New Jersey Constitution

See also: Amending the New Jersey Constitution

In New Jersey, there are two avenues for the state Legislature to refer a constitutional amendment to the ballot. First, the legislature can refer an amendment to the ballot through a 60 percent vote of both chambers during one legislative session. Second, the legislature can refer an amendment through a simple majority vote (50%+1) in each legislative chamber during two successive legislative sessions. The governor's signature is not needed to place a constitutional amendment on the ballot.

Amendment in the state Legislature

Senate President Sweeney (D-3) and Sen. Nicholas Scutari (D-22), chairperson of the Senate Judiciary Committee, announced a constitutional amendment to legalize marijuana on November 18, 2019.[3] Gov. Murphy said, "... I have faith that the people of New Jersey will put us on the right side of history when they vote next November."[7]

The constitutional amendment was introduced as Senate Concurrent Resolution 183 (SCR 183). On December 16, 2019, both chambers of the state Legislature passed the constitutional amendment. In the state Senate, the vote was 24-16, which met the 60-percent vote requirement to pass a constitutional amendment during one session. In the state Assembly, the vote was 49-24, which exceeded the 60-percent vote requirement to pass a constitutional amendment during one session.[2]

Vote in the New Jersey State Senate
December 16, 2019
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 24  Approveda
YesNoNot voting
Total24160
Total percent60.00%40.00%0.00%
Democrat2320
Republican1140
Vote in the New Jersey General Assembly
December 16, 2019
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 48  Approveda
YesNoNot voting
Total49247
Total percent61.25%30.00%8.75%
Democrat4923
Republican0224

How to cast a vote

See also: Voting in New Jersey

Click "Show" to learn more about voter registration, identification requirements, and poll times in New Jersey.

See also

External links

Measure

Support

Opposition

Submit links to [email protected].

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 New Jersey State Legislature, "SCR 183," accessed December 16, 2019
  2. ↑ 2.0 2.1 New Jersey State Legislature, "Bills," accessed December 16, 2019
  3. ↑ 3.0 3.1 NJ.com, "Legalizing weed will be decided by N.J. voters in referendum next year, top lawmaker says," November 18, 2018
  4. ↑ 4.0 4.1 NJ.com, "With Phil Murphy's win, it's 'full steam ahead' for legal marijuana," November 8, 2017
  5. ↑ Politico, "New Jersey marijuana legalization bill dead; lawmakers will let voters decide," November 18, 2019
  6. ↑ New Jersey Senate Democrats, "Sweeney & Scutari Will Seek Voter Approval to Legalize Marijuana," November 18, 2019
  7. ↑ 7.0 7.1 CBS 3 Philadelphia, "New Jersey Lawmakers Move To Put Legalize Recreational Marijuana Question On 2020 Ballot," November 18, 2019
  8. ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  9. ↑ NJ CAN 2020, "Homepage," accessed August 14, 2020
  10. ↑ NJ.com, "Here’s what N.J.’s leading legal weed advocates are doing to ensure the ballot question passes in November," March 9, 2020
  11. ↑ New Jersey Herald, "NJ marijuana legalization: How the pro- and anti-weed camps plan to win your vote," August 18, 2020
  12. ↑ 12.0 12.1 12.2 12.3 12.4 12.5 New Jersey Election Law Enforcement, "Committees," accessed December 16, 2019
  13. ↑ LA Weekly, "What Killed Prop. 19?" November 4, 2010
  14. ↑ Washington Post, "How Democrats derailed marijuana legalization in California," November 10, 2014
  15. ↑ Washington Post, "Obama: I’ve got ‘bigger fish to fry’ than pot smokers," December 14, 2014
  16. ↑ CNN, "Ohio voters reject legal marijuana," November 4, 2015
  17. ↑ Time, "These States Just Legalized Marijuana," November 8, 2016
  18. ↑ Forbes, "Michigan Voters Approve Marijuana Legalization," November 6, 2018
  19. ↑ Grand Forks Herald, "ND voters snuff out recreational marijuana measure," November 7, 2018
  20. ↑ Burlington Free Press, "Vermont's legal marijuana law: What you should know," January 23, 2018
  21. ↑ NPR, "Illinois Governor Signs Law Legalizing Recreational Use Of Marijuana," June 26, 2019
  22. ↑ Vox, "Democrats’ big win in New Jersey could make the state the 9th to legalize marijuana," November 8, 2017
  23. ↑ New York Times, "Effort to Legalize Marijuana in New Jersey Collapses," March 25, 2019
  24. ↑ NJ.com, "Legal weed is dead for now, top N.J. Democrats say. Voters to decide instead in November 2020," May 15, 2019
  25. ↑ Politico, "Legal pot bill dead: New Jersey lawmakers to move ahead with 2020 referendum," May 15, 2019
  26. ↑ NorthJersey.com, "NJ legal weed vote pushed back to 2020, and this time voters will decide," May 15, 2019
  27. ↑ New Jersey Department of State, “Election laws - NJSA - 19:2-1,” accessed April 18, 2023
  28. ↑ 28.0 28.1 New Jersey Division of Elections, “Register to Vote!” accessed April 18, 2023
  29. ↑ New Jersey Division of Elections, “Where to Register in Person,” accessed April 18, 2023
  30. ↑ New Jersey Legislature, “Assembly Committee Substitute for Assembly, No. 2014,” April 13, 2018
  31. ↑ New Jersey Department of State, "Frequently Asked Questions," accessed April 18, 2023
v • e
2020 ballot measures
I&R States
 • Alaska • Arizona • Arkansas • California • Colorado • Florida • Idaho • Illinois • Maine • Maryland • Massachusetts • Michigan • Mississippi • Missouri • Montana • Nebraska • Nevada • New Mexico • North Dakota • Oklahoma • Oregon • South Dakota • Utah • Washington • Wyoming
Non I&R States
 • Alabama • Georgia • Iowa • Kentucky • Louisiana • New Jersey • Rhode Island • Virginia • Wisconsin
Political topics
Other
Flag of New Jersey
v • e
State of New Jersey
Trenton (capital)
Elections

What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures

Government

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy

Retrieved from "https://ballotpedia.org/wiki/index.php?title=New_Jersey_Public_Question_1,_Marijuana_Legalization_Amendment_(2020)&oldid=8832785"