There are going to be a lot of so-called experts suggesting how New Jersey can regulate legal cannabis, but most of these lawyers don’t understand the law themselves. The correct answer is solely to remove the state-level penalties from the New Jersey 2C Criminal Code, without regulating.
As long as cannabis remains a federally illegal substance, all state regulation is illegal (Michigan Canners & Freezers v. Agricultural Bd., 464 U.S. 548, 1984), all business licensing fees/pot specific taxes are considered money laundering under federal law (RICO), and any records of who is providing pot could be seized by the DEA for federal criminal prosecutions. Such record keeping as a condition of compliance violates the Fifth Amendment right against self-incrimination (Leary v. U.S., 395 U.S. 6, 1969).
During the Obama years, many people would have laughed off these factual legal assertions. But with prohibitionist President Trump and Attorney General Jeff Sessions, these realities are not a joke.
We shouldn’t worry about an age requirement, as teenagers can already get cannabis easier than anyone, and it is actually a safer alternative to alcohol. Let parents decide.
We should legalize cannabis like coffee, because no one has ever died from pot.
Rev. Dr. Eric Hafner
Former Congressional Candidate
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