New Jersey Residents and Cannabis Advocates Seek
Home Cultivation Rights

Grassroots Effort: NJ Advocates Demand Home Cultivation Rights for Cannabis

Summary

• Despite the legalization of cannabis sales in New Jersey, the right to grow cannabis at home is still prohibited, unlike neighboring states.
• Efforts to legalize home cultivation have stalled since recreational use was approved.
• State Senator Vin Gopal, an advocate for allowing medical marijuana patients to grow their own cannabis, expressed frustration at the lack of progress, stating that it goes against the goals of criminal justice reform.
• Currently, only licensed cultivators are allowed to grow marijuana.
• Some lawmakers argue that home cultivation may undermine the legal market, but critics believe it would not harm the industry and would make cannabis more accessible and affordable.

Despite the legalization of cannabis sales in New Jersey over two years ago, where enthusiasts are free to purchase marijuana from dispensaries, the right to grow cannabis at home is still absent. In the Garden State, nurturing your own cannabis plants remains classified as a third-degree felony, a stark contrast to several neighboring states that have embraced home cultivation.

Efforts to legalize the growing of marijuana plants for personal use in New Jersey have not seen progress, with legislation stalling consistently since the state approved recreational use. State Senator Vin Gopal, a prominent advocate for allowing medical marijuana patients to cultivate their own cannabis and proposing wider permissions for personal use, expresses frustration at the lack of movement. “We embarked on this path claiming criminal justice reform and to address the failures of the war on drugs. Yet, it seems we’re not heading towards that direction,” Gopal stated.

Currently, only licensed cultivators are permitted to grow marijuana under state laws. Some lawmakers, including Senate President Nicholas Scutari, argue that allowing home cultivation might undermine the burgeoning legal cannabis market and enable illegal sales. Despite championing the cause for marijuana legalization, Scutari remains cautious about a widespread home grow program, albeit acknowledging the potential for a narrow allowance for significant medical cases.

Critics, including cannabis advocates, dispute the notion that home cultivation would detrimentally impact the industry’s financial health. They highlight the exorbitant costs medical marijuana patients incur and the accessibility struggles some face in obtaining their medication from dispensaries. With the legal cannabis sector thriving — evident by over 100 dispensaries opening since April 2021 and recreational sales hitting remarkable figures — opponents of home growth deem the arguments against it outdated.

The state’s Cannabis Regulatory Commission, while clarifying that policymaking on home growth is beyond its jurisdiction, has voiced support for legislative consideration on the matter. Advocates continue to push for change, emphasizing that home cultivation rights would eliminate unreasonable penalties for growing a legally purchasable plant and would make cannabis more accessible and affordable to the residents of New Jersey.

Statewide support for home growth legislation is slowly building, with bipartisan sponsorship of bills aimed at empowering medical marijuana patients to cultivate their own supplies. This groundswell of support, alongside continuing advocacy efforts, seeks to catalyze a shift in legislative and executive attitudes towards the issue. Governor Phil Murphy has expressed an openness to considering home cultivation, hinting at potential progress in making cannabis more accessible to New Jerseyans.

As discussions evolve, the advocacy community remains hopeful for a turn in the tide, promoting a path forward that aligns with the principles of justice, accessibility, and personal freedom which initially fueled the state’s legalization effort.