BAR REPORT - Capitol Report
Legislators discuss cannabis at NJSBA Mid-Year Meeting
November 12, 2018 at 08:00 AM
5 minute read
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
When in Rome…legislators talk cannabis at Mid-Year Meeting
The New Jersey State Bar Association (NJSBA) hosted chairs of both the Assembly and Senate Judiciary Committees, as well as two prominent legislators, at its Mid-Year Meeting in Rome last week. Senator Nicholas Scutari and Assemblywoman Annette Quijano were on hand to discuss the current legal landscape and multidisciplinary challenges of practitioners counseling clients in the cannabis industry and the anticipated growth in cannabis practice with the decriminalization of marijuana and expansion of medical marijuana in New Jersey. Assemblyman Raj Mukherji and Assemblyman Herb Conaway also participated on this prestigious panel.
Along with Senate President Steve Sweeney, Scutari is the sponsor of S-2702 and S-2703, the bills that have the attention of cannabusiness and cannabis practitioners in New Jersey. These bills would legalize recreational marijuana and expand medical marijuana parameters.
“The legislation to legalize marijuana for adult recreational use would eliminate the draconian laws and penalties currently in place and improve social justice issues in urban areas,” said Scutari upon the introduction of the bills earlier this year.
Quijano is the sponsor of A-3620, which provides for expedited expungements of marijuana offenses in the event of decriminalization or legalization of marijuana. Earlier this year, she held a hearing on the proposed legislation to discuss the bill's efficacy and application of this program.
“As the conversation regarding marijuana progresses, it is important that we discuss the social justice impacts, especially, the expungement of criminal records for marijuana crimes that may no longer be illegal,” said Quijano. “The consequences of having a criminal record for marijuana possession often effect employment, education, and housing opportunities.”
Mukherji moderated the panel. A partner in Mukherji Wolf, LLC and partner of CannaPharmacy, Inc. in Newark, Delaware, Mukherji has joined NJSBA panels in the past to discuss all aspects of cannabis practice. Conaway, a lawyer and a physician, has also participated in past Mid-Year Meeting programs on the issue of cannabis law. Rounding out the panel were Danielle Alvarez Wolf, chief legal officer of CannaPharmacy, Inc. and partner with Mukherji, and Seth Tipton, co-chair of NJSBA's Cannabis Law Special Committee. Tipton is a partner at Florio Perucci.
The NJSBA has worked with Quijano on A-3620, and generally supports the concept of the bill. It continues to monitor S-2702 and S-2703.
The Mid-Year Meeting brought together hundreds of attorneys who earned continuing legal education credits on an array of topics, including the influence of the #MeToo movement on college campuses, hot topics in criminal law, and practical strategies in cyber security. There also were programs on international legal issues, including an overview of what was learned in famous Italian trials and pay equity in Italy and Europe, presented by an Italy-based lawyer.
New Jersey helps shift the House to blue; Democrats retain Senate seat
A campaign fraught with allegations of corruption and pharmaceutical price gouging came to a close with Senator Robert Menendez retaining his Senate seat. However, Republicans maintained the majority in the Senate. In the House, New Jersey's Democrats prevailed in four Republican strongholds.
Incumbent Democrat Josh Gottheimer retained his seat in the Fifth Congressional District. This will be his second term in what is a typical Republican stronghold. In the Second Congressional District, Democratic State Senator Jeff Van Drew clinched the open seat previously held by Republican Frank LoBiondo. Incumbent Republican Leonard Lance ceded victory to former Obama State Department official Tom Malinowski in the Seventh Congressional District and in the 11th Congressional District, New Jersey welcomed its second female Congresswoman, Mikie Sherrill, a veteran and former federal prosecutor. She defeated Republican State Senator Jay Webber, also a lawyer, for the open seat left by 12-term incumbent Rodney P. Frelinghuysen. In the Third Congressional District, the race is tight between Republican incumbent Tom MacArthur and Andy Kim. On Wednesday night, Kim declared victory, though as of press time, the Associated Press had yet to call the race.
Eight special elections were held to fill unexpired terms in the state Legislature:
District 5 Assembly: William Spearman (D)
District 15 Assembly: Verlina Reynolds-Jackson (D) and Anthony Verelli (D)
District 22 Assembly: Linda Carter (D)
District 32 Assembly: Pedro Mejia (D)
District 34 Assembly: Britnee Timberlake (D)
District 36 Assembly: Clinton Calabrese (D)
District 38 Assembly: Lisa Swain (D) and Christopher Tully (D)
District 38 Senate: Joseph Lagana (D)
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