New Jersey

New Jersey’s Half-Baked Ballot Initiative Prevents Meaningful Marijuana Reform

(Source) On Election Day, November 3, 2020, voters in four states, New Jersey, Arizona, Montana, and South Dakota approved the legalization of recreational marijuana in their states. These referendums, known as ballot initiatives, allow voters to participate in the state’s policymaking process by inviting them to vote on a proposed law. Prior to the 2020 election, nine states and D.C. legalized recreational marijuana through this method. Some ballot questions contained very general language concerning taxation and regulation. Now, eight years after the first successful legalization efforts in Washington and Colorado, the political conversation has evolved beyond rudimentary concerns.  This past year, criminal justice was on the ballot nationwide, allowing voters to impact state and local policies.  Now, there is a broader dialogue about legalizing recreational marijuana as a means of social and criminal justice reform. Many advocates of marijuana reform hope to wield this democratic tool to ensure that it would protect those who have been or would be harmed by marijuana’s criminalization. In light of the many historic moments of 2020 that have shed light on racial disparities and injustice in the United States, it is appropriate to address these key concerns in the ballot initiatives. In Arizona, the approved ballot measure included [read more]

A True Underdog Story: How New Jersey Can Shape the Future of American Sports Gambling

Sports gambling is an extremely lucrative industry—and it is growing at a rapid pace. In 2016, the Nevada State Gambling Control Board reported $4.5 billion in profits from legal sports wagering. Nevada, however, is the only state currently allowed to profit off of state-sanctioned sports betting under the Professional and Amatuer Sports Protection Act (“PASPA”). PASPA is a federal law passed by Congress in 1992 that effectively banned sports betting nationwide with the exception of state-sponsored sports betting in Nevada and sports lotteries in Oregon, Montana, and Delaware. With the goal of joining these states in profiting from state-sanctioned sports betting, the New Jersey State Legislature passed the Sports Wagering Act of 2012 (“2012 Law”), which legalized certain types of sports gambling in the state. In response to the passage of the 2012 Law, five major American sports leagues (the NCAA, NFL, MLB, NHL, and NBA, together, the “Leagues”) filed a lawsuit in 2012 to enjoin the 2012 Law for violating PASPA. The Third Circuit Court ruled in favor of the Leagues in National Collegiate Athletic Ass’n v. Governor of New Jersey. In 2014, New Jersey Governor Christie signed into law Senate Bill 2460 (the “2014 Law”). The major difference [read more]