Pashman Stein Walder Hayden Attorney Sean Mack quoted in New Jersey State Bar Foundation legal newspaper for kids, “The Legal Eagle,” on marijuana legalization.
“The devil is always in the details. Unlike most states, the draft legislation really gets into the details instead of leaving it to the regulators to draft rules after marijuana is legalized,” says Sean Mack, a Hackensack attorney specializing in unfair business practices resolution who helped prepare New Jersey’s marijuana reform legislation.
“Unfortunately, that also is part of the reason passage of the legislation has stalled, because of the degree of detail included in the legislation. The challenges have changed over time and continue to this day, which is why legislation has not passed.”
“That conflict will not be resolved even after New Jersey legalizes adult use marijuana. Until the federal government takes action, the possession of any amount of marijuana will remain a federal crime,” Mack explains.
“There are several federal bills pending that would effectively decriminalize marijuana at the federal level and leave it to each state to decide how to treat marijuana within its borders. If one of those bills passes, then state laws would [gain] control, and possession of small amounts of marijuana consistent with state law would no longer be illegal. Until that happens, there is still the risk of federal prosecution.”
To read the full "Legal Eagle" Spring Issue, click here.