Executive director of NJ Energy Marketers Group, Eric Blomgren (left), testifies in favor of a bill targeting unlicensed marijuana and vape sales at a Senate Judiciary Committee hearing on Thursday. Photo credit: Shohini Mitra/NJ State House News Service.
By Shohini Mitra
NJ State House News Service
TRENTON, N.J. – Targeting the sale of marijuana and vapes at gas stations and other unlicensed businesses, the Senate Judiciary Committee advanced a bipartisan bill Thursday that would make it a third-degree crime for unlicensed businesses to sell these items.
Sponsored by Senate President Nicholas Scutari, a Democrat from Linden, and Senate Republican Leader Anthony Bucco from Boonton, S4287 aims to criminalize the commercial sale or distribution of marijuana and vapor products by unlicensed individuals and businesses.
Eric Blomgren, an executive director at NJ Energy Marketers Group, testified in support of the bill on account of its impact on retailers who follow the law, as well as the state’s finances. His group represents gas stations, convenience stores and auto repair shops.
“One of our members in Bergen County was so frustrated, he actually went down the street, bought some illegal flavor vapes from a competitor and he wasn’t even charged sales tax on that purchase,” Blomgren said. “That speaks to the extent the state is suffering from these sales”
Individual distributors would be guilty of a third-degree crime and subject to fines from $10,000 to $50,000. Corporations, joint ventures, or other forms of legal entities would face financial penalties from $100,000 to $250,000.
These provisions apply to unlicensed vapor product sales as well, including electronic cigarettes and cigars, vape pens and electronic hookahs.
Blomgren said that “90% of the vapes that are being used in New Jersey are being sold illegally.”
Under this bill, operating an unlicensed marijiana or vapor product business would be added to the list of violations of New Jersey’s racketeering laws.
Marijuana, vapor products, electronic smoking devices and liquids sold or distributed by unlicensed businesses would be considered contraband items and subject to forfeiture. The measure excludes any drugs or substances approved by the Food and Drug Administration.
More than two violations within two years would be deemed as a public nuisance. Municipalities would then be authorized to restrict the individual’s or business’ operations or shut them down.
The bill additionally would require marijuana and vapor products to only be sold by licensed businesses, setting strict rules and application processes to obtain licenses.
The bill would also prohibit the commercial sale or distribution of flavored vapor products at minimal to no cost through rebates or coupons.
The amount of flavored vapor products would determine the penalties for violating these provisions.
Fewer than five units may be classified as a petty disorderly persons offence. Any amount between five and nine units would be considered a disorderly persons offense.
Quantities between ten and 99 units would be deemed fourth degree offenses, with commercial offenders fined a minimum of $10,000. Transactions of 100 to 499 units would be considered third degree crime and penalized with a minimum $100,000 fine.
Five hundred or more units would be classified as second-degree crimes with fines starting at $250,000.
The bill also sets minimum fines of $1,000, $10,000 and $50,000, respectively, for individual offenders.
The bill moved out of committee with a unanimous vote.
Shohini Mitra is a senior journalism and media studies student pursuing a minor in digital communication, information, and media at Rutgers University.
