New Jersey Assembly and Senate Approves Bill to Allow State Officers to Represent Marijuana Businesses

New Jersey’s full Senate and Assembly have given approval to legislation to allow state officers to represent marijuana businesses and marijuana business applicants.

Senate Bill 4268 was given approval today in the Senate by an overwhelming vote of 33 to 2. The measure, filed by Senator Nicholas Scutari, was then amended slightly and passed in the Assembly 48 to 26. Given it was amended in the Assembly, it will need to go back to the Senate for one final vote of concurrence before it can be sent to Governor Phil Murphy for consideration.

This bill, as amended, “would permit special State officers or employees who do not have responsibility for matters affecting medical cannabis or personal use cannabis business activities to represent, appear for, or negotiate on behalf of cannabis businesses, applicants for cannabis businesses, and certain other entities associated with cannabis business activities, such as an entity that employs or uses a medical or personal use cannabis handler to perform work for or on behalf of a cannabis business.”

Under current law, only special State officers or employees serving in the Departments of Education, Health, Human Services, and the Office of the Secretary of Higher Education are excluded from the law prohibiting special State officers or employees from representing, appearing for, or negotiating on behalf of such businesses, applicants, and other entities.

The amendment approved in the Assembly:

  • Reestablishes the current prohibition on special State officers or employees who do not have responsibility for matters affecting casino business activities from representing, appearing for, or negotiating on behalf of casino businesses or casino license applicants;
  • Removes, as an unnecessary reference, the phrase “in connection with any cause, application, or matter,” which is tied to the current prohibition on special State officers or employees representing, appearing for, or negotiating on behalf of a cannabis business, applicant for a cannabis business, or certain other entities associated with a cannabis business; the quoted phrase is no longer needed due to the bill’s intent to permit these officers and employees to represent, appear for, or negotiate on behalf of such businesses in any manner of settings; and
  • Updates the bills synopsis to reflect the changes made by the amendments.
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