Testimony to the Trenton City Council
Re: Proposed Ordinance 24-042, “Cannabis Consumption”
By Ken Wolski, RN, MPA
June 18, 2024
This ordinance (below) makes it unlawful to smoke or vape cannabis in public in the City of Trenton and institutes a series of fines from $250 to $1000 for violations of the ordinance.
I am grateful for the amendment to this ordinance that protects the use of medical marijuana in public, wherever cigarette smoke is permitted. The amendment allows a police officer to ask a person who is using marijuana publicly to produce a Cannabis Regulatory Commission (CRC) Medicinal Cannabis Program (MCP) ID card in order to avoid a fine.
The MCP started in 2012. Prior to the legalization of adult use cannabis in New Jersey 2021, there were 130,000 patients in the CRC’s MCP. Currently, there are under 80,000 patients in the program. Around 50,000 medical marijuana patients in New Jersey no longer bother to use an ID card to prove that they are legitimate medical marijuana patients. This is primarily to avoid the exorbitant physician fees that are often required to stay in the program. Now, patients may obtain the same medicine that is available to them without a physician's recommendation.
In addition, many patients use cannabis medically without ever being diagnosed with a medical or mental health problem—they just found that cannabis improves their life.
Trenton has a poverty rate of 28%. Many residents may be restricted from using their medical marijuana indoors because they live in subsidized housing, or their landlord forbids smoking indoors, or they may be homeless. If they can't use their medicine indoors, and now they can't use it outdoors, what are they to do?
This poverty rate also guarantees that impoverished, mostly minority, residents are targeted in the city by this ordinance. If they are unable to pay the fines for public use of cannabis they will now be involved in the criminal justice system. This is exactly the scenario there most residents in New Jersey wanted to avoid when they voted to legalize medical adult use of cannabis.
Finally, in my 48 years as a New Jersey Registered Nurse (RN), I have worked for a time as a Public Health Nurse in the City of Trenton. Evidence shows that second-hand tobacco smoke has far greater health concerns than second-hand cannabis smoke, in most situations.
Thank you for this opportunity to address City Council.
Ken Wolski, RN
6/18/24
ORDINANCE No.___24-042___________________________________
Approved as to Form and Legality
Factual content certified by WESLEY BRIDGES, ESQ., CITY ATTORNEY
STEVE WILSON, POLICE DIRECTOR
AN ORDINANCE CREATING CHAPTER 48 OF THE CODE OF THE CITY OF TRENTON, ENTITLED “CANNABIS CONSUMPTION”
WHEREAS, section 46 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (the “Act”) codified at N.J.S.A. 2C:35-10A, provides that “nothing in this section shall permit a person to smoke, vape or aerosolize any cannabis item in a public place . . . and any indoor public place as that term is defined in section 3 of P.L. 2005, c.383 (C. 26:3D-57), or portion thereof, even if the smoking of tobacco is otherwise permitted in that place or portion thereof pursuant to the “New Jersey Smoke-Free Air Act”; and
WHEREAS, pursuant to N.J.S.A 40:48-2, a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety, and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, the City Council of the City of Trenton determines that it is necessary and proper for good government, order and protection of persons and for the preservation of the public health, safety and welfare of the City and its inhabitants to enact an ordinance to prohibit the smoking, vaping or aerosolization of any cannabis item in a public place (including the public streets) and indoor public place and to provide for a civil penalty for a violation in accordance with the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TRENTON:
SECTION 1 Chapter 48 of the Code of the City of Trenton, entitled “Cannabis Consumption”, shall be added to the Code of the City of Trenton as follows:
§ 48-1 Definitions. As used in this article, the following terms shall have the meanings indicated
CANNABIS, CANNABIS ITEM Any usable cannabis, cannabis product, cannabis extract and any other cannabis resin, all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
ELECTRONIC SMOKING DEVICE An electronic device that can be used to deliver cannabis or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette or vape.
INDOOR PUBLIC PLACE A structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance; any facility used for the holding of sporting events; recreational facility, shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building.
MARIJUANA All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant products cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
PUBLIC PLACE Any place to which the public has access that is not privately owned; or any place to which the public has access, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure; or any other public area.
SMOKING The smoking, vaping, aerosolizing, burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device. § 48-2 Smoking of marijuana and cannabis items prohibited.
ORDINANCE It shall be unlawful for any person (except for medical cannabis patients, as set forth in Section 48-3 below) to engage in the smoking of marijuana or cannabis items in or on any public place or indoor public place.
§ 48-3 Medical Cannabis Patients.
A. Medical cannabis patients are permitted to smoke cannabis in public places, except that such patients are not permitted to smoke cannabis in a school bus or other form of public transportation, in any private vehicle unless the vehicle is not in operation, on any school grounds, in any correctional facility, at any public park, at any recreational center, or in any place where smoking is prohibited pursuant to N.J.S.A. 2C:33-13, as per N.J.S.A. 24:6I-8 (the “Jake Honig Compassionate Use Act”).
B. Medical cannabis patients smoking cannabis in permissible public places, as set forth in Section 48-3(A) above, shall be prepared to display their Medical Cannabis ID cards if requested by a law enforcement officer. The failure to display such identification shall subject the individual to the penalties provided for in this Chapter.
§ 48-4 through 48-6. (Reserved).
§ 48-7 Violations and Penalties.
A. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be subject to a civil penalty of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.
B. Penalties provided for herein shall be recoverable in a civil action by a summary proceeding in the Municipal Court of the City of Trenton.
SECTION 2 All other ordinances in conflict with or inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 3 If any portion of this ordinance is adjudged unconstitutional by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this ordinance, but shall be confined in its effect to the provision directly involved in the controversy in which such judgment shall have been rendered.
SECTION 4 This Ordinance shall take effect upon its passage and publication and as otherwise provided for by law.
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