Senator Declan O’Scanlon (R-Monmouth) today released the following statement regarding his position on a lame duck vote on marijuana legalization:
“It’s time to end the mixed message being sent to the public, the industry, law enforcement, and both opponents and supporters of marijuana legalization. We should abandon efforts to move legalization legislation during the lame duck session and firmly commit to sending the question to voters. To be clear, I will be a firm vote against any form of legalization legislation until and unless voters have voted in favor of legalization.
"My reasoning for taking this position is several fold. First, I believe a commitment was essentially made this past spring, following the debate and failed vote at the time, that this issue would be put to the voters.
"Second, while I firmly believe in legislative obligation and the value of representative government, there are times and issues where there is substantial value to be gained by permitting, in fact encouraging, voters to weigh in directly. I have come to believe that recreational marijuana legalization is one such issue.
"Third, the sincere passion, fears, concerns, and respectful debate that is still ongoing over this issue makes hastily cobbling together just enough legislative votes to pass it unwise. Additionally, permitting another few months of passionate public debate and discussion of the issue would be healthy given those sincere passions, concerns, and fears.
"Fourth, New Jersey already has one of the most clinically rigorous medical marijuana programs in the country. Permitting our nascent expansion of this extraordinarily successful program an additional almost-full-year opportunity to establish itself prior to any allowance of adult-use marijuana access will be extremely valuable to our medical program. Further we want to ensure that the industry is operating in good faith and in the best interest of the patients--by increasing supply and access--prior to any increased demands for potential adult use access.
"Fifth, other states that are in the process of moving forward with legalization are providing us with tremendous amounts of new information and evidence about the wisdom, dangers, or folly of this policy. Gaining another year of this evidence will dramatically help strengthen the legitimacy of truly valid arguments in this debate.
"Lastly, it is imperative that we move forward immediately with legislation that decriminalizes possession of small amounts of marijuana. The social justice implications of this widely supported aspect of cannabis policy are irrefutable. This area of policy shouldn’t wait a year. Getting to clarity on the details of this mission should be our immediate focus and enactment of the policy a top priority."
Senator Declan O’Scanlon (R-Monmouth) today voted ‘yes’ on a critical bill to expand New Jersey’s medical marijuana program. The bill passed the Senate by a vote of 33-4.
“I am proud to be a prime sponsor of this legislation and vote ‘yes’ on its passage. However, I do believe there are some areas of the bill we can improve upon,” O’Scanlon said. “I would like to see us phase out the tax on medical cannabis completely within two years – if not immediately – and certainly not add another tax. I don’t believe we should be taxing medication at all.”
As a prime sponsor of A-10/S-10, O’Scanlon has long-been an outspoken supporter of a medical marijuana expansions. Previously, the Senator had introduced his own standalone bill, S-3795, to expand the medical program.
“I introduced my own piece of legislation as an ideal list of what I’d like to see happen with our medical program. This legislation included leaving control of the program, whether through a commission or not, under the purview of the Department of Health. The bill also proposed eliminating, or at least capping, the potential tax stamp cost. I’ve also publicly advocated for allowing the authorization of a limited, monitored ‘homegrow’ pilot program,” O’Scanlon continued.
“However, no one should interpret my criticisms of our legislation as a measure of unhappiness with today’s outcome. I’m thrilled that we are finally expanding this efficacious program, which has been tremendously helpful for some of our sickest residents. One need look no further than Jake Honig’s remarkable story to understand how valuable this medication can be, and how critical it is that we move forward with an expansion of our medical cannabis program in some form.
“I enthusiastically voted ‘yes’ today, because we should never let the perfect be the enemy of the good. I see room for improvement in the program and I look forward to continuing to be involved in the push for those improvements as well. Should this bill be signed by the Governor in its current form, we will be introducing a bill package that will create an avenue to re-mediate our concerns. Today was a win, but we still have much work to do on the road ahead.”
Senator Declan O’Scanlon (R-Monmouth) released details of his “wish list” medical marijuana program expansion legislation.
“I’ve worked with stakeholders over the last several months on this legislation. I included things I’d love to see in our final bill but realize, now that there is general agreement that we will quickly be moving something forward, that I won’t get everything I want. If this bill does nothing but spur conversation I’m fine with that,” said O’Scanlon “While I do support S-10, this is my wish list for the medical program revision. There are numerous policy changes in my legislation that we should consider now that we have several years of data on our existing program’s strengths and challenges.”
O’Scanlon’s legislation differs from S-10 in several ways. It eliminates the medical marijuana sales tax more quickly, ramps up the 30 day product limit to 4 ounces, and includes a pilot for homegrow marijuana with a minimum of 100 participants.
“While I believe our State’s rosy revenue situation supports eliminating the medical marijuana tax immediately, the phaseout shouldn’t take more than two years maximum,” said O’Scanlon. “Permitting the 30 day product allotment to go to 4 oz is still sufficiently restrictive to maintain the strict clinical/medical tenor and spirit of our program.”
O’Scanlon’s home grow pilot program vision is modest. It would be subject to rigorous department inspection, testing, and logging of information. Seeds would need to be purchased from cultivators/dispensaries. Each participant would be permitted to have up to only 4 plants.
“I realize the concept is controversial but done right, it could be a well-controlled option for patients who can’t afford commercially available product and could help keep commercial prices reasonable. Home grow is permitted under most state medical programs. We have the ability to learn from them and improve upon their practices. There will be challenges along the way but a homegrow program should be part of our discussion moving forward.”
Further, O’Scanlon’s bill would establish the Cannabis Regulatory Commission within the Department of Health, and removes certain union and labor peace agreements from ATC applicant requirements.
“We’re trying to expand as quickly as possible and as efficiently as possible, but we also need to be smart about regulations. Establishing the regulatory commission under the Department of Health makes sense since this will now be a solely medical program for the foreseeable future. We are also requiring that at least one member of the Commission have a background in medicine, and another to have a background in agriculture and or horticulture.”
“I’m looking to elevate the conversation here, not complicate the efficient passage of a clean and independent medical expansion bill. I hope that my colleagues and I can work together on the important policy changes necessary to help New Jersey patients–they’ve waited far too long already.
Senator Declan O’Scanlon (R-Monmouth) today praised action by Senate President Steve Sweeney to move forward with legislation expanding the State’s medical marijuana program. Sweeney’s announcement comes after O’Scanlon held a press conference yesterday calling for this action.
“I want to applaud the Senate President on his announcement to move forward with expanding our medical marijuana program,” said O’Scanlon. “This was not me forcing the issue - it was all of us coming together to make the right move for patients. That’s who this is ultimately about- people suffering who we have the power to help.”
At his press conference yesterday, Senator O'Scanlon passionately argued for legislators to think of struggling patients when considering allowing delays to a medical marijuana expansion to continue, due to the fact that the expansion has been tied to the infinitely more complex adult use legislation.
Prime components of both O’Scanlon’s medical marijuana legislation, and legislation 1 / 2sponsored by Senator Vitale, include increasing the amount of product patients can obtain, increasing the number of dispensaries, expanding the list of diagnosed conditions, and phasing out the tax on medical cannabis.
“We need to focus on what we can get done, rather than continue to focus on what some people would like to get done, and possibly risk getting nothing done," O'Scanlon continued. "One of my key goals with my medical marijuana expansion legislation is to lower the cost to patients, while expanding access to those in need. In New Jersey, medical marijuana that sells for $450 an ounce costs only $100 an ounce in other states. We can achieve these goals by working together to pass a medical bill, before it gets lost in the budget discussions.”
O’Scanlon has worked closely with Mike Honig, a medical marijuana advocate and the father of Jake Honig, who passed away at age 7 after a fierce battle with cancer.
“It’s nice to see everyone come together and make it all possible. We hope that moving forward, we keep the sense of urgency around the patients because many of them, like Jake, have limited time,” said Mike Honig.
“I look forward to working with the Senate President to move the medical marijuana expansion as quickly as possible. This is the way good government works - when we have tough discussions and come together to push the right policy forward, ” O’Scanlon concluded.
Senator Declan O'Scanlon (R-Monmouth) released the following statement today clarifying his position on marijuana legalization:
In the ill-fated recent rush to pass legislation that would legalize, tax, and regulate recreational adult use of marijuana, my position on the legislation, and the issue, has been misunderstood and mischaracterized by some New Jersey media outlets.
With regard to the bill package that Senate President Sweeney removed from the Senate calendar on March 25, I was a hard 'NO' vote. It has been reported that I was willing to trade my vote for funding for projects or causes specific to my Monmouth County district. It has also been reported that I was a "soft 'yes'" vote. Those reports are fake news that were published by outlets that either did not speak with me or misunderstood/mischaracterized what I told them.
I want to firmly destroy and denounce these false, offensive assertions. Those that know me know I’m not for sale - not for personal gain and not for political-favor-purchasing bacon brought back to my district. Not once have I, and never will I, make such trade-offs. The only way to earn my vote is to give me good policy.
What is true is that there are conditions under which I would vote to support the legalization of recreational marijuana use. Let’s stipulate that legalization is virtually inevitable. Either throughreferendum or via the backroom-revenue-squandering type of deal making I outline above, it’s going to happen. Aside from the inevitability argument, there are fair arguments on both sides ofthis debate. A diligent legislator must consider all these aspects and take action that’s going to result in the best outcome for New Jersey. Burying one’s head in the sand, even though itmight be politically expedient, is an abdication of responsibility.
On the facts, prohibition doesn’t work. The status quo doesn’t work. If your kid is in middle or high school, he has access to all the pot he can buy - laced with God-knows-what, sold to him by someone connected somehow to a cartel with an incentive to up-sell him into harder, more profitable, and more poisonous drugs. None of this should surprise us, it’s exactly what happened with alcohol prohibition.
On the flip side are genuine concerns of legalization proponents. Safety, local control, tax structure (both rates and dedications), potency are all of significant concern. I will be a firm “no” vote on any legislation that doesn’t address the legitimate concerns raised by my constituents, my Sheriff, and local mayors and officials.
In order for me to vote to legalize recreational cannabis use, the legislation will have to accomplish the following:
- Break the back of the black market. We’re never going to completely eradicate evil, but if we are going to do this we must to it in a way that cripples the cartels and dealers who want to sell poison to our children and vulnerable adults.
- Train and empower law enforcement/DUI enforcement. Train and empower law enforcement/DUI enforcement. Train and empower law enforcement/DUI enforcement. Train and empower law enforcement/DUI enforcement.
- Dedicate all tax and fee revenue generated by the cannabis industry to reduce our $4billion structural deficit and in a way that invests in the things most critical to residents.
I have let the Governor and the Senate President know that in order to accomplish these goals, I would support and sponsor legislation that:
- Provides for the funding of Drug Recognition Experts (DRE) statewide. We cannot saddle our municipalities and counties with an unfunded mandate of bearing the cost of keeping our roads safe from drivers impaired by marijuana. This also addresses the traffic safety concerns raised. We must send a clear message that driving under the influence of any substance is both dangerous, and unacceptable. We need to mandate body cameras for our DRE's to make them more effective. Also, we need to empower DREs' and permit them to properly conduct a search in the event of an accident or a death; just as we already do when someone is suspected of being under the influence of alcohol in an accident.
- Increases funding for drug addiction treatment and education. While I don’t agree that marijuana is a “gateway drug,” the current illegal market is a gateway market.
- Trenton needs to stop “stealing” money from municipalities and counties
-The 9-1-1 fees we all pay monthly on our cell phone bills needs to be used for its intended purpose of improving public safety and technology. Trenton is currently diverting over $100 million per year of this money. The diversion must stop.
-The energy receipts tax that we pay on our utilities bills every month was originally intended to compensate municipalities in lieu of property taxes on rights of way for power lines. Trenton has glommed that money for too long. We need to return that money to municipalities to reduce property taxes as intended.
-We need to restore homestead rebates and the senior freeze of property taxes.
All of the above items I include in my widely accepted $4 billion structural budget deficit. Funding these items gets us double value - we reduce our deficit and we fund critical things people care about. Funding for these items is also easy to bench mark so as to avoid diversion and hold everyone accountable.
Senator Declan O’Scanlon (R-Monmouth) applauded Governor Phil Murphy’s signing oflegislation that establishes a pilot program to study the cultivation of industrial hemp, licensinggrowers and distributors.
“It’s time for New Jersey to put its finger on the pulse of the hemp industry,” O’Scanlon, anoriginal sponsor of the legislation, said. “This pilot program is a win for local farmers who needa diversity of opportunities to compete in the global agriculture market. Hemp is growing in valueas a cash crop, and I am sure the New Jersey economy, and our farmers will benefit from thispilot program. We are the Garden State.”
The law, A1330, would direct the New Jersey Department of Agriculture to establish anindustrial hemp agricultural pilot program. The program will research the cultivation of hempcrops to the maximum extent permitted by federal law.
38 other states have already implemented similar pilot programs
Industrial hemp is used in a wide range of products including textiles, construction materials,and foodstuffs.
Although industrial hemp and marijuana may look the same, it is not possible to get a chemicalhigh from industrial hemp.
“Smart steps are needed for New Jersey to stay competitive in the rapidly growing industrialhemp industry,” O’Scanlon said. “Hemp has long-been misunderstood. The people whobelieve you can get high off industrial hemp are just dead wrong – or maybe even high.
“Our bipartisan effort to establish a hemp program moves the Garden State to a moresustainable future for both our agriculture industry and our state economy. If money can bemade, we should do the legwork to ensure New Jersey can benefit.”
Says current program has proven results
Senator Declan O’Scanlon (R-Monmouth) is calling for the expansion of New Jersey’s medical marijuana program.
Discussion surrounding marijuana has ramped up following commitments by the Murphy administration and legislature to legalize marijuana. O’Scanlon has been an active part of marijuana discussions; committed to ensuring that only evidence-based and effective policy is passed.
“Based on the experience we have gleaned from the careful rollout of our Medicinal Marijuana program and the protocols put in place by the Christie administration, we now know a number of things. First, it is indeed possible to implement a medically precise marijuana program. Second, marijuana is an extremely effective drug that can supplant other, much more highly addictive, opioid medications. Lastly, it is the right time to expand our program,” O’Scanlon stated. “My staff and I have toured cannabis facilities in both Colorado and Nevada. We’ve seen what an expanded medicinal program looks like and it’s not something to fear.”
Several pieces of legislation are currently moving through the legislature that would expand the State’s medicinal program, including some to increase 2oz per month purchase cap on cannabis. O’Scanlon however has expressed some concern.
“Continuity of patient care for the existing patients in the program is something we need to always have in mind. Although I agree in spirit with some of the bills currently moving through the legislature, I have concerns about the rate of production of medical cannabis,” O’Scanlon continued.
“We have about 17,000 extremely ill patients in the program now. We have 5 alternative treatment facilities with one on the way. It takes months to license and build any new ones. It takes 4-7 months to grow. It can take a month or more for our State Lab to test. We need to be cognizant about our current capacity to expand at a reasonable rate. If we are potentially adding150,000 new qualifying patients, we need to make sure we have a steady supply. This is not something that we can import across state lines. For now, it needs to be domestically produced.”
Proponents of the medicinal market expansion often point to the numerous documented public health benefits in States that have similarly done so. States with a robust medicinal program on average have seen a 23% decrease in opioid prescription and a significant reduction in alcohol sales/consumption.
Access to doctors willing to prescribe cannabis products to patients has also been a major criticism of the New Jersey medicinal program. The current program makes doctors register with the State and seek approval.
“Initial concerns surrounding the doctor’s registry are understandable. However, we have enough information at this point about medical marijuana, and it’s time to do away with the registry. Furthermore, we currently allow doctors and nurse practitioners to prescribe any other medication. Logically, they should be able to prescribe what is proven to be a much safer and less addictive pain management system than the opioids contributing to the overwhelming addiction issues we face today.”
“We understand the reasons that the Christie administration implemented the regulations it did, but now it’s time to push for our developing program to provide greater access to more patients in need. A regulated program for patients is infinitely better for quality control as opposed to forcing these desperately infirmed individuals to turn to an illicit market for help, or continue on a path to opioid addiction.”
Senator Declan O'Scanlon said legislation fixing New Jersey's medical marijuana programshouldn't be tied to the fate of a separate effort to legalize the adult use of recreation marijuana.
"If we truly believe that our medical marijuana program exists to ease the suffering of very sickpatients, we shouldn't tie efforts to improve the program to the outcome of a vote on recreationaluse," said O'Scanlon (R-Monmouth). "Unfortunately, it seems likely that the very real needs ofmedical marijuana patients will continue to be held hostage by the supporters of full legalization,who insist that the very different pieces of legislation must live or die together on the floor of theLegislature. It's despicable."
O'Scanlon is a prime sponsor of S-10/2246, which revises New Jersey's decade-old medicalmarijuana program to better meet the needs of patients and caregivers.
Separate legislation, S-2703 and S-3205, would legalize the recreational use of marijuana byadults and allow for the expungement of various convictions related to marijuana possession and distribution, respectively.
Legislative leaders have publicly stated that the consideration of the medical marijuanalegislation is conditional upon the approval of the other bills at Monday's scheduled session ofthe New Jersey Senate.
"We essentially are being told that our efforts to ease the pain of cancer patients will be blockedif we don’t first vote for recreational use and to expunge a bunch of unrelated criminal records,including those of drug dealers," added O’Scanlon. "It’s a false equivalence that we shouldn’tbe making. This is exactly what's wrong with Trenton, and exactly why people have suchdisgust for government."
Legislation sponsored by Senator Declan O’Scanlon that would allow patients to be authorized for medical marijuana by telemedicine received final legislative approval Thursday.
“This will establish a more convenient process for New Jersey residents who rely on medical cannabis to alleviate pain and treat their medical conditions,” said O’Scanlon (R-13). “When advisable, medical practitioners will be able to prescribe therapeutic marijuana electronically, without requiring an in-office visit with the patients.
“Technology that has significantly changed the medical industry will improve the everyday health and wellness of eligible New Jersey residents.”
O’Scanlon’s bill, S-619, passed both houses of the Legislature overwhelmingly, but was conditionally vetoed by the Governor in April.
During Thursday’s session, the Senate accepted the Governor’s recommendations by a vote of 37-1.
“Medical cannabis can be an effective treatment for an ever-expanding list of conditions, even replacing highly addictive opioid medications for some people,” said O’Scanlon. “Telemedicine is the ‘healthcare of the future,’ increasing access to quality, cost-effective medical care and treatment through modern digital technology. Combined, these advancements can better meet the health needs of some patients by eliminating the burden of difficult and inconvenient office visits or the need to miss a day of work.”
As adapted by the Governor’s recommendations, the bill now allows practitioners to require in person visits either as part of the initial consultation or the continued authorization when the practitioner determines a face-to-face visit is necessary for a particular patient.
“Digital authorization will enable qualified medical cannabis patients who are medically fragile and homebound to mitigate their suffering,” said O’Scanlon. “Those who are terminally ill, in hospice care, confined to long-term care facilities, developmentally disabled, or certified homebound could benefit from easier access to prescriptions.”
Senator O’Scanlon has been an outspoken supporter of medical marijuana expansion. In July2019, his legislation, known as the Jake Honig Compassionate Use Medical Cannabis Act, was signed into law. This legislation was named after 7-year-old Jake Honig of Howell, who passed away after battling cancer.
New Jersey’s Division of Medicinal Marijuana currently serves over 68,000 patients.
In an effort to protect communities around the state against widely sold delta-8 products, the Senate Law and Public Safety Committee advanced legislation sponsored by Senate Majority Leader M. Teresa Ruiz and Senator Declan O’Scanlon to prohibit the production and sale of products containing delta-8 tetrahydrocannabinol (THC).
“Delta-8 THC is an unregulated, psychoactive hemp-derived product that is being sold at gas stations, pharmacies, and bodegas across New Jersey,” said Senator O'Scanlon (RMonmouth). “It's the bathtub gin of the cannabis space and it's being sold to kids without any of the restrictions or product safety regulations required under New Jersey's recreational adult-use cannabis law. Our bill addresses these concerns by subjecting Delta-8 THC to the same regulatory framework as other cannabis products in New Jersey.”
The bill, S-3944, would clarify that modified, converted or synthetically derived intoxicating THCisomers, and specifically delta-8 THC, constitutes as THC under the state’s controlled and dangerous substance schedules.
“Delta-8 products are being sold all over the state, in gas stations and corner stores, with absolutely no oversight,” said Senator Ruiz (D-Essex). “Despite having psycho-active properties similar to marijuana it is easily accessible and completely unregulated, posing a serious health risk to our communities. This legislation will make it clear that delta-8 has not been tested or endorsed as safe for public consumption.”
In addition, the bill revises the terms hemp and hemp product to specify that hemp and hempproducts cannot contain more than a 0.3 concentration of delta-8 THC by weight.
Today, Senator Declan O’Scanlon introduced legislation to create a regulatory framework to address the growing problem of psychoactive hemp derived products being sold in New Jersey.
“Right now, there are unregulated, psychoactive hemp-derived products being sold with ZERO product safety or marketing standards in our communities and all over the country,” said O’Scanlon (R-Monmouth). “You can get this stuff online, at the gas station, the pharmacy, bodega--it’s everywhere now. I’ve been tracking this issue since 2019 when I first heard of the problem, and I sincerely hoped that Congress or the courts would resolve this. They haven’t, but in their defense, they’ve dealt with a lot since 2019.”
O’Scanlon was referring to issues arising from the Federal 2018 Farm Bill. This bill, now law and set to expire in 2023, has a loophole and conflict in Federal law that is creating an unprecedented and complicated public health issue for States.
The “Farm Bill” was, in part, intended to set up the interstate commerce of hemp and hemp derived products. Hemp is a type of cannabis that only contains .3% Delta 9 THC; the psychoactive substance that’s normally associated with giving people a high from consuming cannabis. Through chemical processes other psychoactive substances, more commonly known as cannabis isolates, can be derived, or converted from hemp extract. Delta 8 THC; a substance 50% as potent as Delta 9 THC, is the most prominent of these cannabis isolates.
New Jersey currently has no State regulator with the authority to create standards for psychoactive hemp-derived products and protect consumers. O’Scanlon’s bill would give New Jersey’s Cannabis Regulatory Commission (CRC) the authority to regulate and enforce these substances, just as they currently do with the adult-use market.
“This is the bathtub gin of the cannabis space, it impairs people, it’s a growing problem, and it’s reckless to do nothing about it. These substances are not made by hemp farmers but rather by clever chemists essentially reverse engineering and synthesizing these compounds. Lots of New Jersey businesses have invested in these products, they may very well have therapeutic value, but not recognizing the public safety concerns is irresponsible as legislators and local elected officials. Ideally, the Feds would resolve this in the 2023 Farm Bill, but I am not holding my breath.” O’Scanlon went on to explain the complexity of the problem.
“It’s very possible for an individual to consume enough of a hemp-derived edible as a regulated, adult-use edible that would result in the same potency. However, one of these edibles will have safety standards, the other will not. One of these edibles will come from a State licensed facility, the other will not. To make matters more complicated, there are a lot more isolates than just Delta 8, so an outright ban isn’t viable. You can legally sell this stuff to a kid with cartoonish marketing, that’s not right and we wouldn’t stand by and allow that for any other product.”
There have been multiple reports from other states highlighting injuries and even deaths from the consumption of hemp derived products. Major trade associations in the adult use and medical cannabis space have begged for reforms to no success. In New Jersey, some municipalities, notably Jersey City and Beach Haven, have begun to attempt regulating the sale of these substances on their own.
“We need to pump the breaks before more people get hurt. We can’t improve what we don’t measure and this bill gives us that ability to measure and appropriately regulate. It is a commonsense starting point for a discussion on a complex and regularly misunderstood problem. The New Jersey Cannabis Regulatory Commission is well versed in the subject but lacks any legal authority to do anything about the issue. This legislation would set standards and empower them to create a framework for any mind altering hemp derived product, give the state some enforcement power, and let us go after the bad actors,” O’Scanlon concluded.
Senator Declan O’Scanlon said legislation being advanced by Trenton Democrats to address concerns about teen rowdiness caused by juvenile justice reforms and cannabis legalization will send kids the wrong message about drug use.
“Instead of fixing our mistakes and letting cops do their jobs again, the bill proposed by Democrats will only address underage alcohol use and not marijuana,” said O’Scanlon. “We’re basically telling kids, ‘don’t drink, smoke pot instead.’ It’s absolutely ridiculous legislation.”
In 2021, Governor Murphy signed a cannabis law that includes a provision that a law enforcement officer is guilty of the third-degree crime of Official Deprivation of Rights if, during the course of an investigation of suspected underage possession of alcohol or marijuana, the officer knowingly, but not necessarily intentionally, violates any of the new procedural requirements mandated by the new law.
For example, an officer accused of detaining a person longer than necessary to investigate a complaint, which is a subjective determination in many cases, may be sentenced to between three and five years in prison and a $15,000 fine.
The law prohibits police from searching teens for cannabis and alcohol, even if they know it’s in their possession.
A new bill sponsored by Democrats, S-3954, would restore some penalties for underage possession and consumption of alcoholic beverages observed in plain sight, while maintaining the prohibition on searches.
The proposed legislation doesn’t address underage marijuana use at all.
“If you’re underage drinking, just slide your beer into your pocket and there’s nothing a police officer can do,” said O’Scanlon. “Or, better yet, just smoke pot, because the Legislature apparently doesn’t care about underage marijuana use at all.”
O’Scanlon and Senator Anthony M. Bucco sponsor legislation, S-642, that would remove criminal liability for law enforcement officers who have an investigative encounter with an underage person for possession of alcohol or cannabis unless civil rights are violated.
“We don’t believe the Legislature should give teens an incentive to use marijuana,” O’Scanlon added. “Instead, we should give police the tools they need to do their jobs and keep our children and communities safe.”
Legislation introduced today by Senator Declan O’Scanlon and Senator Anthony M. Bucco would protect officers from unfair criminal prosecutions when they encounter underage individuals in possession of marijuana or alcohol.
“We want to ensure bad cops are held accountable while permitting good cops to do their jobs,” said O’Scanlon (R-13). “This bill strikes that balance and cleans up some of the mess created by the haphazard process used to legalize cannabis in New Jersey. The people of New Jersey overwhelmingly voted last year to legalize adult use of cannabis, and Trenton Democrats inexcusably used it as an opportunity to brand all police officers as criminals and make them fearful of doing their job. Under our measure, law enforcement will not unfairly bear the brunt of an unreasonable law that has nothing to do with decriminalizing pot.”
Included in the new cannabis laws, signed by the Governor less than a month ago, is a provision that a law enforcement officer is guilty of the third-degree crime of Official Deprivation of Rights if, during the course of an investigation of suspected underage possession of alcohol or marijuana, the officer knowingly, but not necessarily intentionally, violates any of the new procedural requirements mandated by the recent laws. For example, an officer accused of detaining a person longer than necessary to investigate a complaint, which is a subjective determination in many cases, may be sentenced to between three and five years in prison and a $15,000 fine.
“The new law is an absurd over-reaction,” said Bucco (R-25). “Of course, we want officers to follow proper protocol at all times, but there has to be some proportionality between the violation and the punishment. In a split second, an unintentional mistake could land an otherwise exemplary officer in prison for years, even if no actual harm came to anyone during the interaction. This extreme penalty is unnecessary, just like another provision crammed into the new law that prohibits law enforcement from notifying a minor’s parents the first time they are found with liquor or marijuana.”
Ordinarily, to convict an officer of the crime of Official Deprivation of Civil Rights, the officer’s unlawful conduct must have been carried out with the purpose to intimidate or discriminate against a person or group of persons because of race, color, religion, gender, handicap, sexual orientation or ethnicity.
Now, with the recent enactments, a much lower threshold applies when the officer is interacting with a person believed to be violating the underage possession law, making it much easier to charge officers even if their behavior was not intentional or discriminatory. Under O’Scanlon and Bucco’s bill (S-3577), that higher, more appropriate threshold is restored for a finding of guilt.
“The intent is key,” noted O’Scanlon. “How can we expect to maintain the safety and order of our neighborhoods and cities if police officers are tarred and feathered for an innocuous action in the performance of their duties. Any improvement to the parental notification law is hollow if Trenton doesn’t address this underlying atrocity,” O’Scanlon noted. “Even if we amended the law to allow appropriate parental notification, the third-degree criminal charge hanging over officers’ heads is enough to discourage anyone from investigating underage possession complaints altogether.”
Earlier this month, Bucco and O’Scanlon introduced legislation (S-3528) to remedy the provision of the recently-enacted law that prohibits the police from notifying parents when children are caught using or possessing alcohol or marijuana for the first time.
“It is clear the leadership in Trenton needs to back up and straighten these problems out,” Bucco said. “When our residents voted ‘yes’ to legalize marijuana, they did not vote to criminalize the police. They did not vote to usurp parental rights and responsibilities. Our bills would establish a balance that works for everyone.”
Senator Declan O’Scanlon’s legislation allowing doctors to authorize medical marijuana for eligible patients via telemedicine was signed by Governor Murphy.
The new law (S-619) will eliminate the necessity of burdensome visits to doctors’ offices for some residents with restricted mobility.
“Digital authorization will enable qualified medical cannabis patients who are medically fragile and homebound to mitigate their suffering,” said O’Scanlon (R-13). “Those who are terminally ill, in hospice care, confined to long-term care facilities, developmentally disabled, or certified homebound could benefit from easier access to prescriptions.
“Telemedicine is the healthcare of the future, and the pandemic demonstrated its value,” continued O’Scanlon. “Technology that has significantly changed the medical industry can help improve the everyday health and wellness of New Jersey residents who rely on medical cannabis to alleviate pain and treat medical conditions.”
Senator O’Scanlon has been an outspoken supporter of medical marijuana expansion. In July2019, his legislation, known as the Jake Honig Compassionate Use Medical Cannabis Act, was signed into law.
“Medical cannabis can be an effective treatment for an ever-expanding list of conditions, even replacing highly addictive opioid medications for some people,” said O’Scanlon.
New Jersey’s Division of Medicinal Marijuana currently serves almost 70,000 patients.
Senator Declan O’Scanlon and Senator Anthony M. Bucco are taking the lead to fix some of the most obvious problems with the new cannabis law passed by the Trenton Democrats.
The Senate Republican colleagues will introduce legislation that would restore liability protections for police during a marijuana-related interaction with underage youths and another to repeal a new law prohibiting law enforcement from notifying parents if their child is caught possessing alcohol or marijuana.
“The new marijuana law that was recently passed is one of the most unworkable and counterproductive pieces of legislation that I have ever seen,” said O’Scanlon (R-13). “It is unworkable in its current form, a threat to the public safety, and exposes law enforcement to frivolous criminal liability.”
The new law makes it much easier for a law enforcement officer to be charged with depravation of civil rights for inconsequential errors when dealing with an individual under the now-legal age of 21.
“The police are going to be punished for doing their jobs. This is an attack on law enforcement that places the police in a position if they make even the slightest mistake when dealing with under-age possession charges that they are a third degree felon,” O’Scanlon continued.
O’Scanlon and Bucco are seeking to overturn the anti-police component of New Jersey’s marijuana legalization, and to repeal an aspect that robs parents of some of their influence.
The new law specifically prohibits the police from notifying parents when a minor is found in possession of or using marijuana and alcohol.
“This is another example of Democrat ideology that the state knows what's best for our families, usurping the role of parents in the lives of their children,” said Bucco (R-25). “This new law is a direct attack on family values, further eroding the influence of mom or dad in raising their children.
“For generations, a call from the police station advising that your child was drinking with friends or involved with drugs was more effective than any arrest or court appearance. It should be the duty and responsibility of law enforcement to let parents know when kids are breaking the law, especially when it involves a behavior that left unchecked could lead to more serious issues down the road,” said Bucco. “A law that prohibits the police from informing a mom or dad that their child is playing with fire will lead to societal problems that will take decades to reverse. My guess is that those that supported legalization never envisioned provisions such as these and we need to fix them.”
If juveniles are caught with marijuana or alcohol, parents would be notified in writing by the police under A-5472/S-3565, a bipartisan bill approved by the Senate today and destined for the Governor’s desk for consideration. The measure would remedy a portion of the statute preventing law enforcement officers from informing parents when a minor child is caught unlawfully using or possessing alcohol or a marijuana product, allowing parents to be notified inwriting upon the first violation and each subsequent violation.
While Republican sponsors of the legislation, Senator Anthony M. Bucco and Senator Declan O’Scanlon support the change, they say it fails to address impractical complications in the laws which could brand law enforcement officers as criminals for minor procedural gaffes committed during interactions with minors.
“This is a step in the right direction for New Jersey families, but to be frank, this legislation misses a major problem when it comes to fixing this mess,” said Bucco (R-25). “For parents to be notified, police would have to be willing to risk criminal penalties when interacting with juveniles suspected of using or possessing marijuana or alcohol. Our colleagues on the other side of the aisle are willing to fix a very important component of the problem that they've created, but their prioritization of the parental notification fix is a smokescreen that distracts from the nebulous conditions they have created that could easily ruin an officer’s career if not navigated flawlessly.”
O’Scanlon emphasized that more changes are necessary to protect police officers from unfair criminal prosecutions when they encounter underage individuals in possession of marijuana or alcohol.
“Any improvement to the parental notification law is hollow if Trenton doesn’t address this underlying atrocity,” noted O’Scanlon (R-13). “I am pleased to see my Democrat colleagues recognizing some of the flaws in their recently enacted law, but even with this fix to allow appropriate parental notification, the third-degree criminal charge hanging over officers’ heads is enough to discourage anyone from investigating underage possession complaints altogether.
“The irony here is that this was done under the guise of social justice and police reform,”O’Scanlon continued. “The Democrats have made it impossible for police to conduct an investigatory stop. They call this an equitable solution for everyone, but fail to recognize the extremely unjustified outcomes for police just trying to do the right thing.”
The recently enacted law allows law enforcement officers to be charged with deprivation of civil rights for inconsequential errors when dealing with an individual under the now-legal age of 21.
The cannabis laws signed by the Governor less than a month ago included a provision stating that a law enforcement officer is guilty of the third-degree crime of Official Deprivation of Rights if, during the course of an investigation of suspected underage possession of alcohol or marijuana, the officer knowingly, but not necessarily intentionally, violates any of the new procedural requirements mandated by the recent laws.
“The intent is key,” O’Scanlon said. “How can we expect to maintain the safety and order of our neighborhoods and cities if police officers are tarred and feathered for an innocuous action in the performance of their duties?”
In addition, an officer accused of detaining a person longer than necessary to investigate a complaint, which is a subjective determination in many cases, may be sentenced to between three and five years in prison and a $15,000 fine.
“Of course, we want officers to follow proper protocol at all times, but there has to be some proportionality between the violation and the punishment,” Bucco said. “In a split second, an unintentional mistake could land an otherwise exemplary officer in prison for years, even if no actual harm came to anyone during the interaction. This extreme penalty is unnecessary, just like another provision crammed into the new law that prohibits law enforcement from notifying a minor’s parents the first time they are found with liquor or marijuana.”
O’Scanlon and Bucco sponsor legislation, S-3577, preventing the legalizing of pot from becoming an attack on law enforcement and shielding them from irrational criminal charges.
The Senate today concurred with Governor Murphy’s recommendations to legislation sponsored by Senator Declan O’Scanlon that would allow patients to be authorized for medical marijuana by telemedicine.
“Technology that has significantly changed the medical industry will improve the everyday health and wellness of eligible New Jersey residents who rely on medical cannabis to alleviate pain and treat their medical conditions,” said O’Scanlon (R-13). “Doctors will be able to prescribe therapeutic marijuana electronically in certain circumstances, without requiring an in office visit with the patients. The process will be easier and faster for patients.”
O’Scanlon’s bill, S-619, passed both houses of the Legislature overwhelmingly, but was conditionally vetoed by the Governor in April.
“Medical cannabis can be an effective treatment for an ever-expanding list of conditions, even replacing highly addictive opioid medications for some people,” O’Scanlon said. “Telemedicin eis the healthcare of the future, and the pandemic demonstrated its value.
“Digital authorization will enable qualified medical cannabis patients who are medically fragile and homebound to mitigate their suffering,” said O’Scanlon. “Those who are terminally ill, in hospice care, confined to long-term care facilities, developmentally disabled, or certified homebound could benefit from easier access to prescriptions.”
Senator O’Scanlon has been an outspoken supporter of medical marijuana expansion. In July2019, his legislation, known as the Jake Honig Compassionate Use Medical Cannabis Act, was signed into law. This legislation was named after 7-year-old Jake Honig of Howell, who passed away after battling cancer.
New Jersey’s Division of Medicinal Marijuana currently serves over 68,000 patients.
Today, Senator Declan O’Scanlon introduced legislation to create a regulatory framework to address the growing problem of psychoactive hemp derived products being sold in New Jersey.
“Right now, there are unregulated, psychoactive hemp-derived products being sold with ZERO product safety or marketing standards in our communities and all over the country,” said O’Scanlon (R-Monmouth). “You can get this stuff online, at the gas station, the pharmacy, bodega--it’s everywhere now. I’ve been tracking this issue since 2019 when I first heard of the problem, and I sincerely hoped that Congress or the courts would resolve this. They haven’t, but in their defense, they’ve dealt with a lot since 2019.”
O’Scanlon was referring to issues arising from the Federal 2018 Farm Bill. This bill, now law and set to expire in 2023, has a loophole and conflict in Federal law that is creating an unprecedented and complicated public health issue for States.
The “Farm Bill” was, in part, intended to set up the interstate commerce of hemp and hemp derived products. Hemp is a type of cannabis that only contains .3% Delta 9 THC; the psychoactive substance that’s normally associated with giving people a high from consuming cannabis. Through chemical processes other psychoactive substances, more commonly known as cannabis isolates, can be derived, or converted from hemp extract. Delta 8 THC; a substance 50% as potent as Delta 9 THC, is the most prominent of these cannabis isolates.
New Jersey currently has no State regulator with the authority to create standards for psychoactive hemp-derived products and protect consumers. O’Scanlon’s bill would give New Jersey’s Cannabis Regulatory Commission (CRC) the authority to regulate and enforce these substances, just as they currently do with the adult-use market.
“This is the bathtub gin of the cannabis space, it impairs people, it’s a growing problem, and it’s reckless to do nothing about it. These substances are not made by hemp farmers but rather by clever chemists essentially reverse engineering and synthesizing these compounds. Lots of New Jersey businesses have invested in these products, they may very well have therapeutic value, but not recognizing the public safety concerns is irresponsible as legislators and local elected officials. Ideally, the Feds would resolve this in the 2023 Farm Bill, but I am not holding my breath.” O’Scanlon went on to explain the complexity of the problem.
“It’s very possible for an individual to consume enough of a hemp-derived edible as a regulated, adult-use edible that would result in the same potency. However, one of these edibles will have safety standards, the other will not. One of these edibles will come from a State licensed facility, the other will not. To make matters more complicated, there are a lot more isolates than just Delta 8, so an outright ban isn’t viable. You can legally sell this stuff to a kid with cartoonish marketing, that’s not right and we wouldn’t stand by and allow that for any other product.”
There have been multiple reports from other states highlighting injuries and even deaths from the consumption of hemp derived products. Major trade associations in the adult use and medical cannabis space have begged for reforms to no success. In New Jersey, some municipalities, notably Jersey City and Beach Haven, have begun to attempt regulating the sale of these substances on their own.
“We need to pump the breaks before more people get hurt. We can’t improve what we don’t measure and this bill gives us that ability to measure and appropriately regulate. It is a commonsense starting point for a discussion on a complex and regularly misunderstood problem. The New Jersey Cannabis Regulatory Commission is well versed in the subject but lacks any legal authority to do anything about the issue. This legislation would set standards and empower them to create a framework for any mind altering hemp derived product, give the state some enforcement power, and let us go after the bad actors,” O’Scanlon concluded.
