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How a Push to Legalize Pot in N.J. Became a Debate on Race and Fairness How a Push to Legalize Pot in N.J. Became a Debate on Race and Fairness
(about 11 hours later)
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TRENTON — The debate in the New Jersey Legislature over whether to legalize recreational marijuana is unexpectedly turning into a wrenching discussion about fairness in the criminal justice system and the role of race in hundreds of thousands of drug convictions over the decades.TRENTON — The debate in the New Jersey Legislature over whether to legalize recreational marijuana is unexpectedly turning into a wrenching discussion about fairness in the criminal justice system and the role of race in hundreds of thousands of drug convictions over the decades.
As lawmakers edge closer to approving a marijuana legalization bill, they are also weighing a groundbreaking companion measure that would clear the criminal records of many people with drug offenses. Ten other states and Washington have decriminalized recreational marijuana, but none has gone so far in addressing historic inequities in drug sentencing in tandem with legalization measures.As lawmakers edge closer to approving a marijuana legalization bill, they are also weighing a groundbreaking companion measure that would clear the criminal records of many people with drug offenses. Ten other states and Washington have decriminalized recreational marijuana, but none has gone so far in addressing historic inequities in drug sentencing in tandem with legalization measures.
Supporters of the proposal in New Jersey to expunge criminal records say strict drug laws in the state have long unfairly targeted minorities: A black New Jersey resident is three times more likely to be arrested on marijuana-related offenses than a white resident, a recent study found.Supporters of the proposal in New Jersey to expunge criminal records say strict drug laws in the state have long unfairly targeted minorities: A black New Jersey resident is three times more likely to be arrested on marijuana-related offenses than a white resident, a recent study found.
As Trenton begins to debate a marijuana bill approved on Monday by a joint legislative committee, creating an efficient process for tossing out past convictions has become central to gaining support from lawmakers who represent predominantly African-American communities.As Trenton begins to debate a marijuana bill approved on Monday by a joint legislative committee, creating an efficient process for tossing out past convictions has become central to gaining support from lawmakers who represent predominantly African-American communities.
“If expungement wasn’t a part of this, legalization wouldn’t happen. They wouldn’t have the votes for it,” said Assemblyman Jamel C. Holley, the chairman of the New Jersey Legislative Black Caucus Foundation. “We represent minority communities and communities who have been impacted the most. This is very important to us.“If expungement wasn’t a part of this, legalization wouldn’t happen. They wouldn’t have the votes for it,” said Assemblyman Jamel C. Holley, the chairman of the New Jersey Legislative Black Caucus Foundation. “We represent minority communities and communities who have been impacted the most. This is very important to us.
“There would be no way that I would support legalization of marijuana without expungement.”“There would be no way that I would support legalization of marijuana without expungement.”
The bill that would make recreational marijuana legal also would pave the way for those with past convictions for small amounts of marijuana to have their records wiped clean. But some lawmakers want to go much further.The bill that would make recreational marijuana legal also would pave the way for those with past convictions for small amounts of marijuana to have their records wiped clean. But some lawmakers want to go much further.
Mr. Holley and Senator Sandra B. Cunningham, a Democrat from Jersey City, are backing a plan aimed at clearing more serious drug convictions, including low-level sales of drugs other than marijuana, such as cocaine and heroin. Their proposal would also erase some other nonviolent convictions.Mr. Holley and Senator Sandra B. Cunningham, a Democrat from Jersey City, are backing a plan aimed at clearing more serious drug convictions, including low-level sales of drugs other than marijuana, such as cocaine and heroin. Their proposal would also erase some other nonviolent convictions.
“When I ride through parts of my district, I see people who are standing outside and standing on the corners for years because 10, 15, 20 years ago they made a mistake and were incarcerated and are still paying for it,” said Ms. Cunningham, who represents a largely urban portion of Hudson County.“When I ride through parts of my district, I see people who are standing outside and standing on the corners for years because 10, 15, 20 years ago they made a mistake and were incarcerated and are still paying for it,” said Ms. Cunningham, who represents a largely urban portion of Hudson County.
The goal of the expungement effort is to address convictions that are hampering people who have stayed clean and out of trouble after their conviction, such as a recovered heroin addict.The goal of the expungement effort is to address convictions that are hampering people who have stayed clean and out of trouble after their conviction, such as a recovered heroin addict.
Defendants would be eligible to have their records cleared if they have had no convictions in 10 years.Defendants would be eligible to have their records cleared if they have had no convictions in 10 years.
“At some point, you have to deal with people who have larger issues than marijuana,” Ms. Cunningham said.“At some point, you have to deal with people who have larger issues than marijuana,” Ms. Cunningham said.
“People who my bill is referencing are people who have not been in trouble for 10 years or more, who have jobs and have gone to school, even have families in some cases, and they still have some cases hanging over their head. We really want to give them an opportunity to become as productive as they can.”“People who my bill is referencing are people who have not been in trouble for 10 years or more, who have jobs and have gone to school, even have families in some cases, and they still have some cases hanging over their head. We really want to give them an opportunity to become as productive as they can.”
A handful of other states, including California and Colorado, have pursued similar changes after passing laws that legalized marijuana. New Jersey stands apart, however, in that it is seeking to link a sweeping criminal justice reform plan to the legalization of the drug.A handful of other states, including California and Colorado, have pursued similar changes after passing laws that legalized marijuana. New Jersey stands apart, however, in that it is seeking to link a sweeping criminal justice reform plan to the legalization of the drug.
“Trying to make sure that expungement is done statewide really ensures that they are at the forefront of this effort,” said Dianna Houenou, the policy counsel at the American Civil Liberties Union of New Jersey. “Doing this at the outset of legalization, instead of as an afterthought, makes New Jersey a leader.”“Trying to make sure that expungement is done statewide really ensures that they are at the forefront of this effort,” said Dianna Houenou, the policy counsel at the American Civil Liberties Union of New Jersey. “Doing this at the outset of legalization, instead of as an afterthought, makes New Jersey a leader.”
But the difficulty of establishing a system for tossing out old convictions — and cutting through the red tape involved in antiquated record-keeping and laborious court proceedings, sometimes involving multiple jurisdictions — has injected uncertainty into the overall effort to legalize marijuana.But the difficulty of establishing a system for tossing out old convictions — and cutting through the red tape involved in antiquated record-keeping and laborious court proceedings, sometimes involving multiple jurisdictions — has injected uncertainty into the overall effort to legalize marijuana.
Some opponents of marijuana legalization argue that the issue is only being raised to prop up support for the commercial sale of cannabis.Some opponents of marijuana legalization argue that the issue is only being raised to prop up support for the commercial sale of cannabis.
“I think it’s pretty clear that this bill is not about social justice — it’s about money for this industry,” said Kevin A. Sabet, president of Smart Approaches to Marijuana, a national group that opposes making recreational marijuana legal. “Expungement has been a complete afterthought and something to appease certain groups to get their support for the larger legalization bill.”“I think it’s pretty clear that this bill is not about social justice — it’s about money for this industry,” said Kevin A. Sabet, president of Smart Approaches to Marijuana, a national group that opposes making recreational marijuana legal. “Expungement has been a complete afterthought and something to appease certain groups to get their support for the larger legalization bill.”
Legalizing recreational marijuana use in New Jersey had seemed like an inevitability when Gov. Philip D. Murphy, a Democrat who had made it a central campaign promise, took office this year and partnered with a Legislature that had voted in favor of it in the past. But divisions between Mr. Murphy and his fellow Democratic leaders, particularly Stephen M. Sweeney, the Senate president, over taxes and regulatory control have hampered progress.Legalizing recreational marijuana use in New Jersey had seemed like an inevitability when Gov. Philip D. Murphy, a Democrat who had made it a central campaign promise, took office this year and partnered with a Legislature that had voted in favor of it in the past. But divisions between Mr. Murphy and his fellow Democratic leaders, particularly Stephen M. Sweeney, the Senate president, over taxes and regulatory control have hampered progress.
Even if a compromise is reached, support in the Senate is thin, with a handful of Democrats opposing legalization. Mr. Murphy and Mr. Sweeney will likely need the support of nearly every other Democrat and possibly some Republicans to gain the 21-vote majority needed to pass the legislation.Even if a compromise is reached, support in the Senate is thin, with a handful of Democrats opposing legalization. Mr. Murphy and Mr. Sweeney will likely need the support of nearly every other Democrat and possibly some Republicans to gain the 21-vote majority needed to pass the legislation.
The marijuana legalization process is spread among a package of bills. One would make recreational marijuana legal for anyone 21 or older; another would expand the use of medical marijuana; and a third would dismiss some criminal convictions.The marijuana legalization process is spread among a package of bills. One would make recreational marijuana legal for anyone 21 or older; another would expand the use of medical marijuana; and a third would dismiss some criminal convictions.
Mr. Murphy has said repeatedly that his support for legalizing marijuana is rooted primarily in social justice. But he has declined to say whether he supports this specific package of bills, as disagreements over taxes and regulation remain. His office did not return requests for comment on Tuesday. Mr. Murphy has said repeatedly that his support for legalizing marijuana is rooted primarily in social justice. But he has declined to say whether he supports this specific package of bills because of the disagreements over taxes and regulation. And in a statment on Wednesday, Mr. Murphy again would not say which proposal he favored.
A provision in the legalization bill would allow anyone previously convicted of marijuana possession to have it cleared from their record. Currently, those convicted of possessing small amounts of marijuana must wait three to five years to be eligible to have their conviction dismissed.A provision in the legalization bill would allow anyone previously convicted of marijuana possession to have it cleared from their record. Currently, those convicted of possessing small amounts of marijuana must wait three to five years to be eligible to have their conviction dismissed.
“Ours would make eligibility for all of those people automatic and immediate,” said Assemblyman Nicholas P. Scutari, a Democrat who is among those sponsoring the legalization bill.“Ours would make eligibility for all of those people automatic and immediate,” said Assemblyman Nicholas P. Scutari, a Democrat who is among those sponsoring the legalization bill.
People with convictions would still have to go through an application process. But Mr. Scutari, who represents Union County, said he was working with officials on a way to simplify the process and eliminate onerous fees.People with convictions would still have to go through an application process. But Mr. Scutari, who represents Union County, said he was working with officials on a way to simplify the process and eliminate onerous fees.
Despite her support for the broader criminal justice reform bill, Ms. Cunningham said she was initially hesitant to support the legalization of recreational marijuana. But after listening to impassioned testimony on Monday about the impact of marijuana and drug-related arrests during a legislative hearing, Ms. Cunningham said she had changed her mind.Despite her support for the broader criminal justice reform bill, Ms. Cunningham said she was initially hesitant to support the legalization of recreational marijuana. But after listening to impassioned testimony on Monday about the impact of marijuana and drug-related arrests during a legislative hearing, Ms. Cunningham said she had changed her mind.
“I became a yes vote listening to the testimony that I heard today,” Ms. Cunningham said.“I became a yes vote listening to the testimony that I heard today,” Ms. Cunningham said.
Still, opposition to the legalization effort among other African-American leaders remains strong.Still, opposition to the legalization effort among other African-American leaders remains strong.
Senator Ronald L. Rice, one of the state’s longest-tenured black lawmakers, said he fears that the increased prevalence of the drug will harm heavily minority communities.Senator Ronald L. Rice, one of the state’s longest-tenured black lawmakers, said he fears that the increased prevalence of the drug will harm heavily minority communities.
“This bill is being sold under the auspices of social justice, but it’s really about money,” Mr. Rice said.“This bill is being sold under the auspices of social justice, but it’s really about money,” Mr. Rice said.
Bishop Jethro James Jr., the senior pastor of Paradise Baptist Church in Newark, questioned whether making the drug legal would do anything to help close the racial disparity in drug-related arrests. He also warned of unintended consequences.Bishop Jethro James Jr., the senior pastor of Paradise Baptist Church in Newark, questioned whether making the drug legal would do anything to help close the racial disparity in drug-related arrests. He also warned of unintended consequences.
“No one is talking and telling our people — and I hear it every day in the streets of Newark and Paterson — that if you smoke cannabis, it will not preclude PSE & G, law enforcement, or any other group, from stopping you from working there,” Mr. James said during Monday’s hearing.“No one is talking and telling our people — and I hear it every day in the streets of Newark and Paterson — that if you smoke cannabis, it will not preclude PSE & G, law enforcement, or any other group, from stopping you from working there,” Mr. James said during Monday’s hearing.
But as the push to legalize marijuana by the end of the year enters a critical final month, some legislators are embracing the expungement campaign.But as the push to legalize marijuana by the end of the year enters a critical final month, some legislators are embracing the expungement campaign.
“Someone could prove to society that they made a terrible mistake and that for 10 years they’ve been clean and working hard for their mistakes,’’ said Senator Paul Sarlo, a Democrat who represents Bergen County. “They deserve a second chance.’’“Someone could prove to society that they made a terrible mistake and that for 10 years they’ve been clean and working hard for their mistakes,’’ said Senator Paul Sarlo, a Democrat who represents Bergen County. “They deserve a second chance.’’