“Do you approve amending the Constitution to legalize a controlled form of marijuana?” That is the question New Jersey voters will probably have to answer when they cast their vote in November 2020.
Hopes were high that marijuana would be fully legal in New Jersey by the end of 2019, as Democratic Senate President Stephen Sweeney promised a decisive vote in the legislature—and he estimated a “50-50” chance of success—but the plan fell through. Instead, lawmakers introduced a resolution to create a constitutional amendment through referendum—a “safer” option than legislative approval, as a significant majority of New Jerseyans support legal marijuana.
“We will have the legislature vote on the plan during the current legislative session and expect the proposal to be on the ballot in 2020, when voter turnout will be maximized for the national election,” Sweeney and Democratic Sen. Nicholas Scutari, both co-sponsors of the original bill, announced in a joint statement. “We are confident it will be approved by the Senate, the Assembly and the voters.”
The tipping point that forced New Jersey leaders to change their approach was the November 2019 election, as it changed the composition of the New Jersey legislature, which had been on the verge of legalizing marijuana. Sweeney initially reignited hope that recreational marijuana would be legalized when he admitted the question could be voted on during the lame duck session. After another attempt to wrangle the last few necessary votes at the beginning of the session, Sweeney publicly gave up. “We recognize that the votes just aren’t there,” he admitted.
This is not out of the realm of expectations, as lawmakers had planned the option of putting legalization on the ballot for a long time. Legalizing recreational marijuana through legislative action is an extremely difficult endeavor. If it had succeeded, New Jersey would have become the third state to do so through the legislature (after Vermont and Illinois). All the other states in which marijuana is legal passed their reforms by referenda, which sets a comfortable precedent for New Jersey. “One way or another, we’re gonna get marijuana in the state,” Sweeney announced.
A Long Journey Toward Legalization
Marijuana legalization in New Jersey has been on the table for quite a while, especially since Sweeney introduced a full legalization bill in 2018. The bill was expected to easily pass the Assembly, but votes came slightly short in the Senate. For months, the public was kept on edge as he attempted to drum up additional support. The bill eventually failed in March 2019, when it became obvious that it would be impossible to obtain the necessary votes. Despite a 26-14 Democratic majority in the Senate, several Democratic senators broke with the party line and opposed the reform measure.
The bill’s failure came as a surprise, as New Jersey seemed to be the perfect place for it. Not only did the state boast an overwhelming Democratic majority in the Assembly and a solid Democratic lead in the Senate, but its Democratic governor, Phil Murphy, is an outspoken proponent of cannabis reform. “By legalizing adult-use marijuana, we can reverse the inequality and unfairness left from years of failed drug policies and shift public safety resources to where they can do the most good,” he announced in his 2019 State of the State Address. Legalization was one of his key campaign promises.
Murphy expressed deep disappointment when the lame duck session attempt fell through as well. “I am disappointed that we are not able to get this done legislatively and that our failed status quo—which sends roughly 600 people to jail a week for possession, the majority of them people of color—will continue,” he said. “However, I have faith that the people of New Jersey will put us on the right side of history when they vote next November.”