On Monday evening NJ Assembly bill A4913 passed the Assembly by a vote of 46-28. On December 10, the Senate Health, Human Services and Senior Citizens Committee reported favorably and with committee amendments to expressly require the Commissioner of Human Services to adopt rules and regulations to effectuate the bill’s purposes. UULMNJ provided testimony before the committee. (Read testimony.) This bill passed the NJ Senate on December 17, 2015 by a vote of 26-8. Thanks to the NJ Drug Policy Alliance and our Criminal Justice Reform task force members who took the time to contact assembly representatives and the Speaker in advance of Monday’s vote. Advocacy is making a difference!
This bill would remove the eligibility restrictions for receiving general assistance benefits under the Work First New Jersey program for persons who have been convicted of an offense involving the use, possession, or distribution of a controlled dangerous substance. Under S2806/A4913, people convicted of offenses involving controlled dangerous substances would be subject to the same eligibility requirements to receive general assistance benefits as apply to the general population, with no additional requirements or restrictions.
Currently, persons convicted of offenses involving the use, possession, or distribution of a controlled dangerous substance are ineligible for general assistance benefits, except that a person whose conviction involves possession or use may become eligible for benefits if the person enrolls in or completes a licensed residential drug treatment program. For persons enrolled in a treatment program, this exception is contingent on continued participation in the program and periodic drug screenings demonstrating the person has not used any controlled dangerous substance. There is currently no exception to the general assistance eligibility restriction for persons convicted of offenses involving distribution of a controlled dangerous substance.
The bill now awaits Governor Christie’s signature. With his signature we can roll back this lifetime punishment and give everyone the second chance they deserve to rebuild their lives and become productive citizens! Call his office (609-292-6000) or email today and ask him to sign this important piece of legislation for a stronger New Jersey.
Nearly 50% of U.S. children have one parent with a criminal record. A report by the Center for American Progress, “Removing Barriers to Opportunity for Parents With Criminal Records and Their Children,” argues that parental criminal records significantly exacerbate existing challenges among low-income parents and their families and explores the intergenerational effects of criminal records. Read more and download the full report.
Unitarian Universalist Legislative Ministry of New Jersey In Support of S2806
Health, Human Services and Senior Citizens Committee
December 10, 2015
Thank you for the opportunity to address this Committee in support of S2806. My name is Deb Ellis and I am testifying on behalf of Rev. Craig Hirshberg, Executive Director of the Unitarian Universalist Legislative Ministry of New Jersey (UULMNJ), who unfortunately could not be here today. I represent Unitarian Universalist congregations throughout the State of New Jersey. As people of faith, we believe that the exclusion of people with drug convictions from the opportunity to participate in Work First New Jersey General Assistance program is a violation of a just and democratic society. The exclusions conflicts with basic Unitarian Universalist moral values including: the inherent worth and dignity of every person; justice and equity; and compassion in human relations.
As Unitarian Universalists, the first principle of our faith is our belief that each individual has inherent worth and dignity. “Inherent” means that the worth of an individual does not have to be earned – it is present in each of us. As a consequence, we strongly believe that the General Assistance exclusion should be repealed because individuals who have been convicted of drug offenses have the same worth and dignity as all other people and thus should have the same opportunity to become productive citizens once they have repaid their debt to society. Under current law, people are disqualified from receiving General Assistance if they have been convicted of distributing even small amounts of marijuana. When we make mistakes, each of us deserves a second chance and the opportunity to rebuild our lives through participation in work programs like Work First New Jersey.
Second, we support S2806 because justice and equity are central to our Unitarian Universalist faith. Our belief that the “Beloved Community” must be realized through human effort requires our attention to how we share the wealth of our planet. We believe that there is a societal obligation to ensure that all people are able to obtain for themselves and their families the basic material needs of food, shelter, and safety. This Legislature’s action in 1997 to exclude from General Assistance benefits only those individuals who had drug convictions was part of the now discredited War on Drugs which resulted in mass incarceration and deprivation of civil and human rights for millions of U. S. citizens. Moreover, the War on Drugs extremely disproportionately focused on people of color. As people of faith, we believe that in order to have a just society, every part of the War on Drugs must now be remedied. Enacting S2806 is an important step in dismantling the injustices of the War on Drugs.
Our final reason for supporting S2806 is our Unitarian Universalist faith belief in compassion in human relations. As you know, S2806 would enable individuals with drug convictions to be eligible for the extremely low cash benefit of General Assistance (capped at $140 per month or $210 per month for those unable to work). Even though the amount is low, being able to receive General Assistance can literally be the difference between life and death, being sheltered or homeless. This is because recipients who are homeless or might become homeless can also receive Emergency Assistance, which can be used to pay for shelter stays and rental assistance. Without this help, many excluded individuals are forced to live in tent cities, abandoned buildings, or become institutionalized in hospitals or jails.
When the General Assistance exclusion was adopted in 1997, individuals with drug convictions were also excluded from food stamps and medical care. However, the rules for NJ’s Medicaid and Supplemental Nutrition Assistance Program programs have been changed so that individuals with drug convictions have access to the life-saving assistance of food and health care. As the winter cold descends and in celebration of the holiday season, isn’t it time to also give these individuals access to shelter and the chance to rebuild their lives by participating in Work First New Jersey? As Unitarian Universalists, we believe so.
For all these reasons, I urge you to support S2806. Thank you for your attention.
While protesters gathered on the State House Steps to Rally For Justice with the New Jersey Clergy Association and later to demand driver’s licenses for undocumented workers with Drive Safe NJ, the Senate Judiciary Committee held the first ever hearing on the legalization of recreational marijuana. In May of 2015 the Unitarian Universalist Legislative Ministry of NJ released a statement announcing it’s consideration of the issue as a matter of criminal and social justice. This summer, UULMNJ officially joined the coalition New Jersey United for Marijuana Reform.
Senate Judiciary Committee Chairman Senator Nicholas Scutari called Monday’s hearing which was closed to invited testimony only. The committee heard from coalition members from diverse backgrounds and causes including ACLU-NJ Executive Director Udi Ofer; New Jersey State Municipal Prosecutors’ Association President Jon-Henry Barr; psychiatrist and clinical associate professor of medicine Dr. David Nathan; Retired New Jersey State Police Lieutenant and Law Enforcement Against Prohibition member Nicholas Bucci; former executive director to the Assembly Majority Bill Caruso; Executive Director of the Coalition for Medical Marijuana New Jersey Ken Wolski; NAACP New Jersey State Conference President Richard Smith; Lazaro Cardenas of Latino Action Network; and UULMNJ Executive Director Rev. Craig Hirshberg who closed the hearing with a call to act because it is the moral thing to do for New Jersey. All who testified agreed that it is time to end prohibition. Again.
In a press conference prior to the hearing, ACLU-NJ Executive Director Udi Ofer stated, “It is time to stop arresting New Jerseyans for an activity that the majority of Americans believe should be legal. Arrests for marijuana possession in New Jersey are spiraling out of control and are at an all-time high. It’s time to put an end to tens of thousands of wasteful arrests a year and to replace this broken system with a safe, controlled and regulated one.” NAACP New Jersey State Conference president, Richard Smith agreed, adding, “Black individuals in New Jersey are much more likely to be arrested for marijuana as Whites, despite similar usage rates. This is a civil rights issue.”
During her testimony, UULMNJ Executive Director, Rev. Craig Hirshberg, not only agreed with these statements but linked marijuana arrests to institutionalized poverty. “Under the current drug laws, the potential incarceration and the criminal records resulting from minor drug possession charges can have devastating effects upon the life opportunities of many young adults, and especially people of color. Current drug laws are making criminals of and causing undue and unjust punishment to many persons who have no criminal intent in the use of marijuana,” said Rev. Hirshberg. “The cruel realities of these minor drug arrests have been limited employment, denial of educational financial aid, public housing refusal, destabilized family relationships and lost future income for those caught up in these policies. Research shows that people with criminal records can expect to earn 30 to 40% less in their lifetime, thus contributing to an institutionalized cycle of poverty.”
None of the panelists were suggesting or endorsing the use of marijuana as a recreational substance. But all panelists were in agreement with Mr. Cardenas when he said “You don’t have to be pro marijuana to be against its prohibition.” Rev. Craig closed the panel testimony by posing a question to the committee, which included Senators Ray Lesniak and Loretta Weinberg, “My question to this committee is whether the detrimental impact upon the lives of those found guilty of minor drug offenses reflects the intended values and ideals of a just New Jersey judicial system. I personally think we can do better. I hope you will agree and revise the current marijuana drug laws.”
The committee members posed insightful questions to the panelists and, for the most part, appeared to listen with intent and care. Senator Joe Kyrillos was quick to assert himself as being against the legalization of cannabis. The Senator seemed to be uninterested in hearing the expert testimony and left halfway through the hearing. Senator Kip Bateman, a moderate, was present for the entire hearing and, though initially wanted local prosecutors to testify despite their not prosecuting marijuana charges, thanked the panelists for opening his eyes to new information about marijuana use and the effect of the current drug laws which he will consider with an open mind.
Rev. Hirshberg’s full testimony may be downloaded here and read at the bottom of this page. To learn more about the UULMNJ position on marijuana regulation and taxation read the statement and congregational study guide, produced by our Criminal Justice Task Force.
A note from Rev. Craig after the hearing:
Our UULMNJ position to this issue is from a social justice perspective based on our work on mass incarceration. After hearing the expert testimony yesterday, there is no question in my mind that this is the way to go. It was accompanied by testimony of municipal law enforcement, medical community, ACLU, NAACP and others. Obviously, this will be a longer battle, and nothing will happen within the next two years, but that gives us time to expand public understanding of this very publicly misunderstood issue.
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NJ.com: Legalizing marijuana in N.J. is a social justice issue, supporters say (http://www.nj.com/politics/index.ssf/2015/11/legalizing_marijuana_in_nj.html) (Featuring Dominick Bucci, Craig Hirshberg, Richard Smith, Udi Ofer, Latino Action Network, NAACP)
Village Voice: NEW JERSEY LEADS NEW YORK IN THE ‘RACE’ TO LEGALIZE RECREATIONAL MARIJUANA (http://www.villagevoice.com/news/new-jersey-leads-new-york-in-the-race-to-legalize-recreational-marijuana-7922701) (featuring Evan Nison, ACLU, Nick Bucci/LEAP, J.H. Barr)
News12: NEWS CONFERENCE ON MARIJUANA LEGALIZATION (video of the full press conference!) http://newjersey.news12.com/multimedia/news-conference-on-marijuana-legalization-1.11132383
News12: New Jersey Lawmakers discuss marijuana legalization (http://newjersey.news12.com/news/new-jersey-lawmakers-discuss-legalization-of-marijuana-for-recreational-use-1.11128940) (featuring J.H. Barr, David Nathan)
Testimony before the New Jersey Senate Judiciary Committee
in Support of The Legalization, Taxation and Regulation of Marijuana by Rev. Craig Hirshberg
November 16, 2015
Chairman Scutari members of the Senate Judiciary Committee. My name is Rev. Craig Hirshberg, and I am the Executive Director of the Unitarian Universalist Legislative Ministry of New Jersey (UULMNJ), representing Unitarian Universalist congregations throughout our state. Thank you for holding this public hearing on the Legalization, Taxation and Regulations of Marijuana. This is an issue that is grossly misunderstood by the general public. Hearings such as this will help educate all about the devastating effects of the current marijuana drug laws.
UULMNJ supports the legalization, taxation and regulation of marijuana for adults. As a faith community, we take this position with considerable forethought and awareness of its implications for society. We do not endorse the recreational use of marijuana, just as we would not endorse the recreational use of tobacco or alcohol. Our position is based on a concern for social justice and for a more compassionate response to minor drug offences.
In 2013, there were almost 700,000 marijuana arrests in the US, more than 45% of all drug arrests which was more than all violent crimes combined. Criminalization of marijuana and the resulting incarceration and stigmatization cripples lives and serves to increase rather than constructively address the problems of drug use. In plain terms, the current drug laws are not working. In an attempt to address one problem, they have created a much more significant problem fraught with collateral consequences.
Under the current drug laws, the potential incarceration and the criminal records resulting from minor drug possession charges can have devastating effects upon the life opportunities of many young adults, and especially people of color. Current drug laws are making criminals of and causing undue and unjust punishment to many persons who have no criminal intent in the use of marijuana. The cruel realities of these minor drug arrests have been limited employment, denial of educational financial aid, public housing refusal, destabilized family relationships and lost future income for those caught up in these policies. Research shows that people with criminal records can expect to earn 30 to 40% less in their lifetime, thus contributing to an institutionalized cycle of poverty.
The true indictment of this system is the fact that marijuana arrests disproportionately target and affect people of color by rates nearly four times greater than others despite data showing very similar usage rates across racial and ethnic lines. African Americans and Latinos make up 27% of the population and 80% of those incarcerated. The state of New Jersey typically accounts for more than 20,000 possession arrests annually. 2010 statistics show arrest disparities from two to five times greater for people of color. New Jersey law makers should be morally outraged at the undeniably discriminatory implementation of these laws, whatever the reason. The laws need to be changed.
Finally, I believe the legalization of marijuana will ironically result in greater public health and safety. Legalization and regulation will take marijuana off the streets and establish standards and regulations designed to protect the public from the underworld of unscrupulous drug dealers. It will free police officers to address more serious crimes. But most importantly, from the funds the state will save from not processing drug arrests and the additional tax revenue the state will receive from the sale of legalized marijuana, New Jersey will have enough funds to provide very aggressive drug education initiatives designed to discourage youth from marijuana use. It can also fund sorely needed increased mental health and drug treatment programs. Drug education and treatment components are necessary requirements of any new policy.
My question to this committee is whether the detrimental impact upon the lives of those found guilty of minor drug offences reflects the intended values and ideals of a just New Jersey judicial system. I personally think we can do better. I hope you will agree and revise the current marijuana drug laws.
Laurice Grae-Hauck is the Outreach Coordinator of the Unitarian Universalist Legislative Ministry of NJ.
