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New Jersey lawmakers are considering whether to establish a program that allows people to voluntarily prohibit themselves from walking into a dispensary and buying cannabis. Introduced Sept. 30 by state Sen. Vincent Polistina, R-2nd District, Senate Bill 3682 would let individuals opt out of being able to enter any of the nearly 200 legalized storefronts that have opened across the state over the past two-and-a-half years.

Under the proposal, the Cannabis Regulatory Commission would be tasked with developing procedures for people who want to be included on the self-exclusion list or removed from it.

The CRC – which is the entity that writes and enforces regulations covering direct sales, purchases and business activities related to cannabis – would also come up with guidance for retailers on how to remove self-excluded persons from targeted mailings and other forms of advertising or promotions and deny self-excluded persons entry into the store and sale of cannabis products

Additionally, the panel would develop a way to transmit the names to retailers. According to the bill, the list would be exempt from public inspection, copying or disclosure.

“From working with some of the organizations down here that are dealing with an increase in substance abuse issues and dependence issues, they thought this could be a measure that could potentially help people that go through recovery and don’t want to relapse,” Polistina said. “This would give them the ability to voluntarily get themselves on a list that would prevent them from going into dispensaries.”

There are no consequences included in the bill for retailers who fail to cross reference the list and sell to someone who has self-excluded. But a spokesperson for Polistina noted that the CRC would likely determine penalties, as they craft the program framework.

The bill has since been referred to the Senate Judiciary Committee. Companion legislation backed by Assemblyman Donald Guardian, R-2nd District, has not yet been introduced.

A spokesperson for the CRC said the regulatory body does not comment on pending legislation.

Don’t bet on it

According to Polistina, the proposal was inspired by a similar program the state has for individuals struggling with gambling issues.

Since 2001, New Jersey has given people the option of voluntarily excluding themselves from gambling in all Atlantic City casinos and sports wagering facilities for periods of one year, five years or a lifetime. The program was expanded 11 years ago to also include internet gaming activities.

According to a representative for the New Jersey Attorney General’s Office, over the 11 years the registry has grown from 1,061 individuals to 29,256 people. Within the past two years, the number of people choosing to bar themselves from internet betting has surpassed how many people are self-excluding from casinos.

As of Sept. 30, 2024, 27,028 have excluded themselves from online gaming only. For the remainder, the self-ban covers brick-and-mortar plus online, the state said.

In addition to fining operators who allow individuals on the self-exclusion list to play, New Jersey also provides funding for education and treatment programs for people with gambling problems.

Across the U.S., there are dozens of gambling self-exclusion programs run by state governments and betting companies, like casinos and online sportsbooks. However, someone who wishes to voluntarily ban themselves in multiple states that they may live near or visit frequently must register in each state.

A recently introduced bill from Polistina aims to make it easier for New Jerseyans to do so by authorizing the Division of Gaming Enforcement’s participation in national self-exclusion lists for gaming activities.

According to S3655, the DGE would be able to join any multistate or national self-exclusion programs that let individuals request to join multiple self-exclusion lists via one form at one time. The legislation would also empower the Division to enter into an agreement with other states for the mutual enforcement of their self-exclusion lists.

It’s now before the Senate State Government, Wagering, Tourism & Historic Preservation Committee. The measure does not have a sponsor in the state Assembly yet.

‘Proactive step’

Commenting on S3682 and S3655, Polistina said, “From speaking to and working with those who specialize in addiction and recovery, it is clear that as time progresses, there have been increases in temptations and ease of access.

“This pair of bills will allow for individuals who recognize that, and recognize their own struggles, to take the proactive step to self-regulate. It is our responsibility as members of the Legislature, to do what we can to ensure their continued progress,” he said.

Polistina went on to say that he believes the CRC could refer to the guidelines related to the gambling self-exclusion program to develop a system for dispensaries. “This isn’t a brand-new program in the state, so you can model it after what we have with the gaming exclusion,” he said. “I’m not anticipating it would create a whole lot of additional work.”

From speaking to and working with those who specialize in addiction and recovery, it is clear that as time progresses, there have been increases in temptations and ease of access.

This pair of bills will allow for individuals who recognize that, and recognize their own struggles, to take the proactive step to self-regulate. It is our responsibility as members of the Legislature, to do what we can to ensure their continued progress.
– Sen. Vincent Polistina, R-2nd District

In drafting the bill, Polistina said he collaborated with organizations such as Atlantic Prevention Resources, a community-based, nonprofit agency dedicated to the prevention of the harm caused by substance use and violence.

Robert Zlotnick, president and executive director of Atlantic Prevention Resources, said, “Persons in recovery from a substance use disorder, especially those just starting their recovery journey, might want to self-exclude themselves to reduce any temptation.

“Similar to the casino self-exclusion list, people would have a choice on how long they want to be on the list. This measure would also allow people to easily opt-out of mailings, texts and e-mail promotions,” he said.

According to a 2024 study by the University of Maryland School of Medicine, the widespread use of cannabis and its increased potency have been associated with a rise in marijuana-related psychiatric conditions.

Roughly 1-in-10 individuals who consume marijuana will develop cannabis use disorder – the clinical term for addiction, the Substance Abuse and Mental Health Services Administration said.

It remains one of the most commonly abused substances in the U.S.  After alcohol, heroin and other opiates, marijuana was cited as the reason for substance abuse treatment admissions in New Jersey in 2022, according to the state Department of Health.

Polistina said, “This [bill] is about anyone who recognizes they had a problem, went through recovery and now they want to ensure that they prevent themselves from going back into that cycle,” he said. “We’re trying to give people the tools and ability to avoid a relapse after they’ve gone through recovery.”

The senator went on to say he believes cannabis “can be a gateway drug to other things” and that can lead people to “move on something else and then really develop a program.”

“We’re just trying to work with some of the people on the ground that are dealing with some of these issues and try to allow people to not even start a process of getting hooked on any drugs,” he continued.

Polistina has yet to reach out to the cannabis industry regarding a dispensary self-exclusion system because he’s heard that “maybe it’s not a priority for them right now.”

In addition, he said, “It’s a voluntary program. It’s not like we’re telling anybody who had a drug issue they have to go on a list.”

“I think for the most part everybody’s in favor. I’m going to give Bill Caruso, who is the lobbyist for the cannabis industry, a call and just talk through some of the things with them and see what they have to say about it,” the senator said. “But the fact that it’s a completely voluntary program – I don’t think there should be a whole lot of opposition to it. I’m certainly going to talk to all the stakeholders though and see what they have to say.”

‘Is it necessary?’

Ryan Magee, a partner at McCarter & English LLP, offered his insights on the legislation, saying, “While responsible cannabis use, both medically and recreationally, is achievable by the vast majority of the population, cannabis use disorder still exists and this measure is a means of assisting patrons struggling with cannabis use to take control of their access to it.”

“There is a bit of irony to this legislation, as well,” said Magee, whose specialties at the Newark law firm include cannabis law. “One of the approved qualifying medical conditions to become a registered patient with the New Jersey Medicinal Cannabis Program is ‘opioid use disorder.’ Simply put, our state permits the use of medical cannabis to actually treat underlying substance use disorders.  But here, this legislation appears to be aimed at patrons who may be struggling with cannabis use itself.”

He went on to ponder if the “bigger question is whether or not legislation is the preferred way to achieve this goal.”

“The Cannabis Regulatory Commission is uniquely situated to implement this type of program on its own volition. Is it necessary for us to require it via legislation?” said Magee, adding, “while this bill promotes noble policy worthy of further examination, the question is how urgent it is when compared to CRC’s existing policy and regulatory priorities.”

Jason Gross, a member of Sills Cummis & Gross PC and co-chair of the Newark-based firm’s cannabis industry practice group, said, “I think the goal is to protect people from harm and similarly protect people from themselves. Some people would certainly benefit from this type of legislation.”

“I understand why it is being proposed and believe it comes from good intentions. It would provide further protection for individuals who have or believe they have a cannabis problem,” said Gross, who went on to say that the gaming-related self-exclusion program “definitely has been beneficial.”

Gross believes the initiative “is a reasonable response to this perceived problem and can be practically enforced, as dispensaries are required to check IDs.”

He went on to add, “I do not believe there have been conclusive medical studies that cannabis is addicting. So, is it necessary? Probably not. But is it helpful? Probably yes.”