New Jersey AR 153: Urges Congress to deschedule marijuana as Schedule 1 controlled substance under federal "Controlled Substances Act."

Bill Text

(Sponsorship Updated As Of: 9/12/2024)
ASSEMBLY RESOLUTION No. 153
STATE OF NEW JERSEY
221st LEGISLATURE

INTRODUCED SEPTEMBER 12, 2024

Sponsored by:
Assemblyman MICHAEL VENEZIA
District 34 (Essex)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Assemblyman GABRIEL RODRIGUEZ
District 33 (Hudson)

Co-Sponsored by:
Assemblywomen Morales, Reynolds-Jackson and Quijano

SYNOPSIS
Urges Congress to deschedule marijuana as Schedule I controlled
substance under federal “Controlled Substances Act.”

CURRENT VERSION OF TEXT
As introduced.

AR153 VENEZIA, SAMPSON
2

AN ASSEMBLY RESOLUTION urging the United States Congress to 1
deschedule marijuana as a Schedule I controlled substance under 2
the federal “Controlled Substances Act.” 3
4
WHEREAS, The federal “Controlled Substances Act” (CSA) places 5
drugs into five distinct schedules, based upon the substance’s 6
accepted medical use, potential for abuse, and safety or dependence 7
liability; and 8
WHEREAS, Schedule I, under the CSA, means that the drug or other 9
substance has a high potential for abuse, the drug has no currently 10
accepted medical use in treatment in the United States, and there is 11
a lack of accepted safety for use of the drug or other substance 12
under medical supervision; and 13
WHEREAS, Marijuana, commonly referred to as cannabis, is classified 14
as a Schedule I substance under the CSA; and 15
WHEREAS, The CSA provides a mechanism that allows a substance to 16
be removed from its control or transferred to a less regulated 17
schedule, known as descheduling; and 18
WHEREAS, Proceedings to delete or change a drug’s schedule can be 19
initiated by a petition from a state or local government; and 20
WHEREAS, New Jersey has legalized the use of marijuana for both 21
recreational and medical purposes for individuals 21 years or older; 22
and 23
WHEREAS, The medical value of cannabis was further validated in 24
New Jersey through the passage of the “Jake Honig Compassionate 25
Use Medical Cannabis Act,” which requires the Department of 26
Health to provide for the use by a patient, upon the advice of their 27
physician, of cannabis for the treatment or alleviation of cancer, 28
glaucoma, acquired immunodeficiency syndrome (AIDS), and other 29
conditions; and 30
WHEREAS, In addition to New Jersey, 37 other states along with 31
dozens of public health institutions have recognized the medical 32
value of marijuana as it has been scientifically shown to provide a 33
variety of health benefits including, but not limited to: alleviating 34
pain, nausea, and other symptoms associated with a variety of 35
debilitating medical conditions, including cancer, multiple sclerosis, 36
and AIDS; and 37
WHEREAS, Marijuana’s designation as a Schedule I controlled 38
substance causes institutions operating in the United States to 39
face severe restrictions and penalties for engaging with the 40
cannabis industry; and 41
WHEREAS, There are approximately 5.4 million individuals eligible as 42
medical marijuana patients in the United States, however they are 43
unable to receive medical insurance prescription health coverage 44
for medical marijuana because of marijuana's federal designation as 45
a Schedule I controlled substance; and 46

AR153 VENEZIA, SAMPSON
3

WHEREAS, Marijuana is not an eligible health savings account 1
expense because of its current federal designation as a Schedule I 2
controlled substance; and 3
WHEREAS, Medical marijuana customers at New Jersey dispensaries 4
are estimated to pay as much as $350 to $500 each month for the 5
cost of dispensary marijuana; and 6
WHEREAS, Due to marijuana’s scheduling, most financial institutions 7
are unwilling to accept the legal risks associated with offering 8
financial services to the marijuana industry, resulting in marijuana 9
distributors having limited access to traditional banking and 10
financial services; and 11
WHEREAS, Operating a business with large amounts of cash on hand is 12
a public safety threat causing dispensaries to become a target for 13
crime and therefore placing the safety of staff and patients at risk; 14
and 15
WHEREAS, Marijuana must be descheduled by the federal government 16
in order to foster and protect the health and safety of New Jersey 17
residents; now, therefore, 18
19
BE IT RESOLVED by the General Assembly of the State of New 20
Jersey: 21
22
1. This House urges the Congress of the United States to modify 23
marijuana’s Schedule I classification in the Controlled Substances 24
Act, in order to protect the health and safety of New Jersey 25
residents. 26
27
2. Copies of this resolution as filed with the Secretary of State 28
shall be transmitted by the Clerk of the General Assembly to the 29
Majority and Minority Leaders of the United States Senate, the 30
Speaker and Minority Leader of the United States House of 31
Representatives, and every member of Congress elected from this 32
State. 33
34
35
STATEMENT 36
37
This resolution urges the federal government to chan