New Jersey Seeking Possible Criminalization of Unlicensed Cannabis Purchases

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New Jersey lawmakers have proposed new legislation planning to criminalize unlicensed cannabis purchases (1,2). The proposed bill is sponsored by Senate President Nick Scutari and would make it a “third-degree crime to operate an unlicensed marijuana business and a disorderly persons offense to knowingly purchase from one. A person who leads an “illegal marijuana business network” would be charged with a second-degree crime,” according to the New Jersey Monitor (1).

“We have a problem where people are opening up brick-and-mortar stores, small stores, unlicensed to sell these products, and quite frankly, they’re just selling them and this state is doing nothing about it,” Scutari mentioned to the Senate Judiciary Committee on May 29, 2025 (1). “We need to do something more about those brick-and-mortar stores, but we also need to continue to fight back against drug dealers because those are alive and well.”

The bill is called S4154 which states that (2,3), “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.”

The New Jersey Monitor reported (1), “Scutari said the new legislation would be a corrective measure in response to the “black and gray market” that has flourished even though hundreds of cannabis dispensaries have opened statewide.”

Some senators such as, Senator Mike Testa, have expressed dissatisfaction with Attorney General Matt Platkin for his “absentee” leadership (1). Michael Symons, a spokesperson for Attorney General Platkin said that Platkin is “committed to enforcing the state’s cannabis and hemp statutes using all mechanisms allowed by state law,” (1). Symons further added (1), “But the challenge presented by unregulated marijuana and hemp sales is pervasive. We look forward to continuing to work with the Legislature to address some of the issues and concerns with clarifying legislation, so that unwanted loopholes are closed, and further enforcement efforts are successful.”

Cannabis advocates have expressed unhappiness regarding the bill because it should be considered a “reversal” and backstep for the industry (1,2). Attorney, Bill Caruso, spoke with committee members and said (1,2) “We don’t need to reinvent the wheel here, and I don’t think we need to go backwards in recriminalizing particularly consumers.”

Cancer survivor and board member of the Coalition for Medical Marijuana, Larry Grant, expressed that (1), “People with cancer or chronic pain disability could be arrested simply for accessing a plant that helps them survive.” Grant further added that, “Recriminalization is not regulation. It’s retaliation.” 

Senator Scutari has expressed that he’s open to making updates to S4154 but that this bill was “necessary in order to drive people to a place where they can buy it legally,” (1). Scutari added (1), “We would not accept the corner store that didn’t have a liquor license to sell liquor. We should not accept the corner store selling cannabis product without a license, nor should we accept people selling it out of their garage,” he said. “We have a legal marketplace now, and there are good reasons for it because it is safe for people to ingest that product.”

References

1. Nieto-Munoz, S. N.J. Lawmakers Mull whether to recriminalize some cannabis sales, purchases https://newjerseymonitor.com/2025/05/29/n-j-lawmakers-mull-whether-to-recriminalize-some-cannabis-sales-purchases/ (accessed Jun 2, 2025).
2. Abbott, G. New Jersey lawmakers consider criminalizing the purchase of unlicensed cannabis https://www.ganjapreneur.com/new-jersey-lawmakers-consider-criminalizing-the-purchase-of-unlicensed-cannabis/ (accessed Jun 2, 2025).
3. Bill S4154 https://www.njleg.state.nj.us/bill-search/2024/S4154/bill-text?f=S4500&n=4154_I1 (accessed Jun 2, 2025).