The debate in the New Jersey Legislature over whether to legalize recreational marijuana is unexpectedly turning into a wrenching discussion about fairness in the criminal justice system and the role of race in hundreds of thousands of drug convictions over the decades.
As
lawmakers edge closer to approving a marijuana legalization bill, they
are also weighing a groundbreaking companion measure that would clear
the criminal records of many people with drug offenses. Ten other states
and Washington have decriminalized recreational marijuana, but none has
gone so far in addressing historic inequities in drug sentencing in
tandem with legalization measures.
Supporters
of the proposal in New Jersey to expunge criminal records say strict
drug laws in the state have long unfairly targeted minorities: A black
New Jersey resident is three times more likely to be arrested on marijuana-related offenses than a white resident, a recent study found.
As
Trenton begins to debate a marijuana bill approved on Monday by a joint
legislative committee, creating an efficient process for tossing out
past convictions has become central to gaining support from lawmakers
who represent predominantly African-American communities.
“If
expungement wasn’t a part of this, legalization wouldn’t happen. They
wouldn’t have the votes for it,” said Assemblyman Jamel C. Holley, the
chairman of the New Jersey Legislative Black Caucus Foundation. “We
represent minority communities and communities who have been impacted
the most. This is very important to us.
“There would be no way that I would support legalization of marijuana without expungement.”
The
bill that would make recreational marijuana legal also would pave the
way for those with past convictions for small amounts of marijuana to
have their records wiped clean. But some lawmakers want to go much
further.
Mr.
Holley and Senator Sandra B. Cunningham, a Democrat from Jersey City,
are backing a plan aimed at clearing more serious drug convictions,
including low-level sales of drugs other than marijuana, such as cocaine
and heroin. Their proposal would also erase some other nonviolent
convictions.
“When I ride through
parts of my district, I see people who are standing outside and standing
on the corners for years because 10, 15, 20 years ago they made a
mistake and were incarcerated and are still paying for it,” said Ms.
Cunningham, who represents a largely urban portion of Hudson County.
The
goal of the expungement effort is to address convictions that are
hampering people who have stayed clean and out of trouble after their
conviction, such as a recovered heroin addict.
Defendants would be eligible to have their records cleared if they have had no convictions in 10 years.
“At some point, you have to deal with people who have larger issues than marijuana,” Ms. Cunningham said.
“People
who my bill is referencing are people who have not been in trouble for
10 years or more, who have jobs and have gone to school, even have
families in some cases, and they still have some cases hanging over
their head. We really want to give them an opportunity to become as
productive as they can.”
A handful of
other states, including California and Colorado, have pursued similar
changes after passing laws that legalized marijuana. New Jersey stands
apart, however, in that it is seeking to link a sweeping criminal
justice reform plan to the legalization of the drug.
“Trying
to make sure that expungement is done statewide really ensures that
they are at the forefront of this effort,” said Dianna Houenou, the
policy counsel at the American Civil Liberties Union of New Jersey.
“Doing this at the outset of legalization, instead of as an
afterthought, makes New Jersey a leader.”
But
the difficulty of establishing a system for tossing out old convictions
— and cutting through the red tape involved in antiquated
record-keeping and laborious court proceedings, sometimes involving
multiple jurisdictions — has injected uncertainty into the overall
effort to legalize marijuana.
Some
opponents of marijuana legalization argue that the issue is only being
raised to prop up support for the commercial sale of cannabis.
“I
think it’s pretty clear that this bill is not about social justice —
it’s about money for this industry,” said Kevin A. Sabet, president of
Smart Approaches to Marijuana, a national group that opposes making
recreational marijuana legal. “Expungement has been a complete
afterthought and something to appease certain groups to get their
support for the larger legalization bill.”
Legalizing
recreational marijuana use in New Jersey had seemed like an
inevitability when Gov. Philip D. Murphy, a Democrat who had made it a
central campaign promise, took office this year and partnered with a
Legislature that had voted in favor of it in the past. But divisions
between Mr. Murphy and his fellow Democratic leaders, particularly
Stephen M. Sweeney, the Senate president, over taxes and regulatory
control have hampered progress.
Even
if a compromise is reached, support in the Senate is thin, with a
handful of Democrats opposing legalization. Mr. Murphy and Mr. Sweeney
will likely need the support of nearly every other Democrat and possibly
some Republicans to gain the 21-vote majority needed to pass the
legislation.
The marijuana
legalization process is spread among a package of bills. One would make
recreational marijuana legal for anyone 21 or older; another would
expand the use of medical marijuana; and a third would dismiss some
criminal convictions.
Mr. Murphy has
said repeatedly that his support for legalizing marijuana is rooted
primarily in social justice. But he has declined to say whether he
supports this specific package of bills, as disagreements over taxes and
regulation remain. His office did not return requests for comment on
Tuesday.
A provision in the
legalization bill would allow anyone previously convicted of marijuana
possession to have it cleared from their record. Currently, those
convicted of possessing small amounts of marijuana must wait three to
five years to be eligible to have their conviction dismissed.
“Ours
would make eligibility for all of those people automatic and
immediate,” said Assemblyman Nicholas P. Scutari, a Democrat who is
among those sponsoring the legalization bill.
People
with convictions would still have to go through an application process.
But Mr. Scutari, who represents Union County, said he was working with
officials on a way to simplify the process and eliminate onerous fees.
Despite
her support for the broader criminal justice reform bill, Ms.
Cunningham said she was initially hesitant to support the legalization
of recreational marijuana. But after listening to impassioned testimony
on Monday about the impact of marijuana and drug-related arrests during a
legislative hearing, Ms. Cunningham said she had changed her mind.
“I became a yes vote listening to the testimony that I heard today,” Ms. Cunningham said.
Still, opposition to the legalization effort among other African-American leaders remains strong.
Senator
Ronald L. Rice, one of the state’s longest-tenured black lawmakers,
said he fears that the increased prevalence of the drug will harm
heavily minority communities.
“This bill is being sold under the auspices of social justice, but it’s really about money,” Mr. Rice said.
Bishop
Jethro James Jr., the senior pastor of Paradise Baptist Church in
Newark, questioned whether making the drug legal would do anything to
help close the racial disparity in drug-related arrests.
He also warned
of unintended consequences.
“No one
is talking and telling our people — and I hear it every day in the
streets of Newark and Paterson — that if you smoke cannabis, it will not
preclude PSE & G, law enforcement, or any other group, from
stopping you from working there,” Mr. James said during Monday’s
hearing.
But
as the push to legalize marijuana by the end of the year enters a
critical final month, some legislators are embracing the expungement
campaign.
“Someone could prove to
society that they made a terrible mistake and that for 10 years they’ve
been clean and working hard for their mistakes,’’ said Senator Paul
Sarlo, a Democrat who represents Bergen County. “They deserve a second
chance.’’
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