Cannabis legalization in New Jersey may seem like a recent victory, but its history is rooted in nearly a century of political maneuvering, social injustice, and conflicting laws. On a recent episode of Local Impact with WRNJ News Director Joyce Estey, I discussed how we got here, why federal law still creates major challenges, and the surprising role hemp plays in today’s cannabis marketplace.
This segment covers just the first 10 minutes of our 50-minute conversation. You can listen to the full interview here.
From 1937 to Today: How Racism Shaped Cannabis Prohibition
The criminalization of marijuana in the U.S. began in 1937 when Harry Anslinger pushed the Marijuana Tax Act—driven by openly racist motives targeting African Americans. Decades later, President Nixon escalated the “War on Drugs” by classifying cannabis as a Schedule I narcotic under the Controlled Substances Act, despite scientific evidence showing it was not highly addictive and had medicinal value.
These policies led to decades of disproportionate arrests and incarceration, a legacy still evident in today’s prison population.
Federal vs. State Law: A Legal Tug-of-War
Although cannabis is now legal in 38 states, it remains federally illegal. This creates contradictions—like a recent federal court decision in Pennsylvania ruling that cannabis users cannot possess firearms, even though alcohol users can. Businesses and consumers in legal states must navigate this ongoing conflict between state legalization and federal prohibition.
The Hemp Loophole
Hemp was legalized under the 2018 Farm Bill for industrial use, reviving an industry dating back to George Washington’s time. But by defining hemp as cannabis with less than 0.3% delta-9 THC, lawmakers inadvertently created a loophole for intoxicating hemp-derived products. That 0.3% figure? It came from a 1970s study where researchers tested marijuana potency by smoking it themselves—a reminder of how arbitrary some cannabis laws really are.
Dispensary Approvals: The Local Challenge
Even with over 400 licensed dispensaries in New Jersey, opening a legal cannabis business is far from easy. Municipal approval processes and local opposition can significantly delay or derail applications.
The Path Forward
Legalization has brought progress and opportunity, but outdated federal policies, lingering stigma, and inconsistent regulations remain significant hurdles. The cannabis industry in New Jersey—and nationwide—stands at a turning point. Whether it fulfills its potential will depend on resolving these legal contradictions and ensuring equitable access to the benefits of legalization.
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This blog is just a snapshot of our in-depth discussion on cannabis law, history, and policy. [Click here to listen to the complete 50-minute WRNJ interview]
You can reach Joshua S. Bauchner at jbauchner@mblawfirm.com or at 646-369-0250.