Sponsored by:
Assemblyman MICHAEL VENEZIA
District 34 (Essex)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Assemblyman GABRIEL RODRIGUEZ
District 33 (Hudson)
Co-Sponsored by:
Assemblywomen Morales, Reynolds-Jackson and Quijano
SYNOPSIS
Urges Congress to deschedule marijuana as Schedule I controlled substance under federal Controlled Substances Act.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging the United States Congress to deschedule marijuana as a Schedule I controlled substance under the federal Controlled Substances Act.
Whereas, The federal Controlled Substances Act (CSA) places drugs into five distinct schedules, based upon the substances accepted medical use, potential for abuse, and safety or dependence liability; and
Whereas, Schedule I, under the CSA, means that the drug or other substance has a high potential for abuse, the drug has no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision; and
Whereas, Marijuana, commonly referred to as cannabis, is classified as a Schedule I substance under the CSA; and
Whereas, The CSA provides a mechanism that allows a substance to be removed from its control or transferred to a less regulated schedule, known as descheduling; and
Whereas, Proceedings to delete or change a drugs schedule can be initiated by a petition from a state or local government; and
Whereas, New Jersey has legalized the use of marijuana for both recreational and medical purposes for individuals 21 years or older; and
Whereas, The medical value of cannabis was further validated in New Jersey through the passage of the Jake Honig Compassionate Use Medical Cannabis Act, which requires the Department of Health to provide for the use by a patient, upon the advice of their physician, of cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome (AIDS), and other conditions; and
Whereas, In addition to New Jersey, 37 other states along with dozens of public health institutions have recognized the medical value of marijuana as it has been scientifically shown to provide a variety of health benefits including, but not limited to: alleviating pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and AIDS; and
Whereas, Marijuanas designation as a Schedule I controlled substance causes institutions operating in the United States to face severe restrictions and penalties for engaging with the cannabis industry; and
Whereas, There are approximately 5.4 million individuals eligible as medical marijuana patients in the United States, however they are unable to receive medical insurance prescription health coverage for medical marijuana because of marijuana's federal designation as a Schedule I controlled substance; and
Whereas, Marijuana is not an eligible health savings account expense because of its current federal designation as a Schedule I controlled substance; and
Whereas, Medical marijuana customers at New Jersey dispensaries are estimated to pay as much as $350 to $500 each month for the cost of dispensary marijuana; and
Whereas, Due to marijuanas scheduling, most financial institutions are unwilling to accept the legal risks associated with offering financial services to the marijuana industry, resulting in marijuana distributors having limited access to traditional banking and financial services; and
Whereas, Operating a business with large amounts of cash on hand is a public safety threat causing dispensaries to become a target for crime and therefore placing the safety of staff and patients at risk; and
Whereas, Marijuana must be descheduled by the federal government in order to foster and protect the health and safety of New Jersey residents; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House urges the Congress of the United States to modify marijuanas Schedule I classification in the Controlled Substances Act, in order to protect the health and safety of New Jersey residents.
2. Copies of this resolution as filed with the Secretary of State shall be transmitted by the Clerk of the General Assembly to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.
STATEMENT
This resolution urges the federal government to change marijuanas classification in the Controlled Substances Act. Marijuanas current Schedule I classification is at odds with current research and public opinion on its use. Marijuana has several accepted medical uses throughout the United States, having been recommended by thousands of licensed physicians to at least 350,000 patients in states where medical marijuana is legalized. The New Jersey Legislature recognized the value of medical marijuana by passing the Jake Honig Compassionate Use Medical Cannabis Act. Due to marijuanas Schedule I classification, owners and operators of dispensaries in New Jersey are susceptible to both being charged with federal crimes and being victims of theft. This lack of safety for dispensary staff and consumers not only poses a dangerous threat the viability of the marijuana industry in New Jersey but also the physical health and safety of New Jersey residents. Therefore, in order to protect the rights and interest of New Jersey residents and medical marijuana patients, marijuana should no longer be classified as a Schedule I substance under the Controlled Substances Act.