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A2136
ASSEMBLY, No. 2136
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Establishes crime of selling or purchasing marijuana
from unlicensed businesses.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning unlicensed sale or purchase of marijuana and
supplementing Title 2C of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� In addition to the
criminal penalties prescribed for a violation of N.J.S.2C:35-5 related to
marijuana, any person who is the owner of a business that is not licensed by
the Cannabis Regulatory Commission, pursuant to P.L.2021, c.16 (C.24:6I-31 et
al.), which manufactures, distributes, or dispenses any quantity of marijuana,
shall be guilty of a crime of the third degree.
���� Notwithstanding the provisions
of N.J.S.2C:1-8 or any other provision of law, a conviction pursuant to this
subsection shall not merge with a conviction for a violation of N.J.S.2C:35-5
related to marijuana.
���� b.� A person is a leader of an
illegal marijuana business network if the person conspires with others as an
organizer, supervisor, financier, or manager to engage for profit in a scheme
or course of conduct to unlawfully manufacture, distribute, or dispense
marijuana in this State in violation of subsection a. of this section or
N.J.S.2C:35-5 at more than one business location.� Any person who is a leader
of an illegal marijuana business network is guilty of a crime of the second
degree.�
���� A person who commits a
violation of this subsection shall be subject to the presumption of
imprisonment pursuant to subsection d. of N.J.S.2C:44-1.
���� c.���� Any person who
knowingly purchases marijuana from any owner of a business that is not licensed
by the Cannabis Regulatory Commission, pursuant to P.L.2021, c.16 (C.24:6I-31
et al.), and which manufactures, distributes, or dispenses any quantity of
marijuana, is guilty of a disorderly persons offense.
���� d.��� Upon the discovery of
any violation of this section, the New Jersey State Police, in conjunction with
the Office of the Attorney General in the Department of Law and Public Safety,
may take such necessary steps to close any business which violates the provisions
of P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill)
or N.J.S.2C:35-5 and shall seize any marijuana manufactured, distributed, or
dispensed in violation of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill) or N.J.S.2C:35-5.�
���� 2. �This act shall take effect
immediately.
STATEMENT
���� 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.
���� Under current law, the
�Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act,� P.L.2021, c.16 (CREAMMA) provides for the possession, use, and sale of
cannabis products for personal use.� CREAMMA provides for the legal manufacture
and distribution of cannabis products by licensed entities.� Under CREAMMA, an
unlicensed entity selling cannabis is considered a seller of marijuana and
would be subject to criminal penalties under Title 2C of the New Jersey
Statutes.� An unlicensed entity that sells marijuana is subject to the
provisions of N.J.S.A.2C:35-5, which establishes various penalties for manufacturing,
distributing, or dispensing of illegal controlled dangerous substances.�
���� This bill establishes
additional penalties for the manufacture, distribution, or dispensing of
marijuana by a business not licensed by the Cannabis Regulatory Commission
(commission) as a cannabis business.� Under the bill, it is a third degree
crime for an owner of a business to manufacture, distribute, or dispense any
quantity of marijuana.� A third degree crime is punishable by three to five
years imprisonment, a fine of up to $15,000, or both.�
���� Further, the bill establishes
a second degree crime if a person conspires with others as an organizer,
supervisor, financier, or manager to engage for profit in a scheme or course of
conduct to unlawfully manufacture, distribute, or dispense marijuana through
more than one unlicensed businesses.� A second degree crime is punishable by
five to 10 years imprisonment, a fine of up to $150,000, or both.� A person
found guilty of this crime is subject to the presumption of imprisonment
established pursuant to subsection d. of N.J.S.A.2C:44-1.
���� Additionally, this bill
establishes a disorderly persons offense for knowingly purchasing marijuana
from a business that is not licensed by the commission.� A disorderly persons
offense is punishable by a term of imprisonment not to exceed six months, a
fine not to exceed $1,000, or both.�
���� Finally, the bill permits the
State Police, in conjunction with the Office of the Attorney General, to close
any business that violates this bill or N.J.S.A.2C:35-5 and requires the
seizure of any marijuana maintained by the business.