SENATE, No. 4154

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED FEBRUARY 25, 2025

 

 

Sponsored by:

Senator  NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

 

Co-Sponsored by:

Senator A.M.Bucco

 

 

 

 

SYNOPSIS

     Establishes crime of selling or purchasing marijuana from unlicensed businesses.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning unlicensed sale or purchase of marijuana and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  In addition to the criminal penalties prescribed for a violation of N.J.S.2C:35-5 related to marijuana, any person who is the owner of a business that is not licensed by the Cannabis Regulatory Commission, pursuant to P.L.2021, c.16 (C.24:6I-31 et al.), which manufactures, distributes, or dispenses any quantity of marijuana, shall be guilty of a crime of the third degree.

     Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction pursuant to this subsection shall not merge with a conviction for a violation of N.J.S.2C:35-5 related to marijuana.

     b.  A person is a leader of an illegal marijuana business network if the 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 in this State in violation of subsection a. of this section or N.J.S.2C:35-5 at more than one business location.  Any person who is a leader of an illegal marijuana business network is guilty of a crime of the second degree. 

     A person who commits a violation of this subsection shall be subject to the presumption of imprisonment pursuant to subsection d. of N.J.S.2C:44-1.

     c.     Any person who knowingly purchases marijuana from any owner of a business that is not licensed by the Cannabis Regulatory Commission, pursuant to P.L.2021, c.16 (C.24:6I-31 et al.), and which manufactures, distributes, or dispenses any quantity of marijuana, is guilty of a disorderly persons offense.

     d.    Upon the discovery of any violation of this section, the New Jersey State Police, in conjunction with the Office of the Attorney General in the Department of Law and Public Safety, may take such necessary steps to close any business which violates the provisions of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) or N.J.S.2C:35-5 and shall seize any marijuana manufactured, distributed, or dispensed in violation of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) or N.J.S.2C:35-5. 

 

     2. This act shall take effect immediately.

 

 

STATEMENT

 

     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.