News: POLITICO New Jersey Playbook: Scutari runs out of patience on legal weed

Wednesday, March 30, 2022

POLITICO New Jersey Playbook: Scutari runs out of patience on legal weed

Mar 30, 2022

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By Matt Friedman

Presented by American Nonsmokers' Rights Foundation

Good Wednesday morning!

Time to break out the popcorn. And some other snacks, too. Like Flaming Hot Cheetos. Yeah, definitely the Cheetos.

New Jersey's new Senate president, Nick Scutari — the father of New Jersey legal recreational weed — has had enough with the delays in getting it on the market, after the Cannabis Regulatory Commission once again put off authorizing the first legal recreational sales. It had been expected to authorize some medical dispensaries to start selling recreationally, but put it off, saying it couldn't ensure the continued supply for medical patients if it opened up the market.

So Scutari plans to hold hearings to get answers on the hold-up, as well as to address the demand issue and talk about lowering New Jersey's sky-high medical marijuana prices. "These delays are totally unacceptable," Scutari said in a statement Tuesday. "We need to get the legal marijuana market up and running in New Jersey. This has become a failure to follow through on the public mandate and to meet the expectations for new businesses and consumers."

The release further states that Scutari "will ask the Assembly if they want to participate to make it a joint panel of legislators from both houses." I do not know if the Senate Democratic staff were being cheeky when they wrote that.

Of course, one solution to the weed delays and the high prices would be to allow New Jerseyans to grow a modest number of plants at home. Yet that's still a felony offense punishable by years in prison. In the 13 months since Gov. Murphy signed legal recreational weed, those Garden Staters could have grown several crops.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 43

WHERE'S MURPHY? In cyberspace at 5 p.m. for Newark Mayor Ras Baraka's Covid live update

QUOTE OF THE DAY: "We have no affiliation with any party. This is just Cinnaminson police doing their job." — Cinnaminson police chief Richard Calabrese on congressional candidate Ian Smith campaign's suggestion that his DUI arrest was political

HAPPY BIRTHDAY — State Sens. Fred Madden and Jean Stanfield, Assemblymembers Christoper DePhillips and Christopher Tully, Ventnor Commissioner Lance Landgraf, Kivvit's Zach Silber, NAACP's George Gore

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

A message from American Nonsmokers' Rights Foundation:

No worker should have to choose between their health and a paycheck, but that's exactly what a loophole in state law forces Atlantic City casino employees to do every day. It's past time to eliminate the casino smoking loophole by passing S264/A2151, bipartisan bills supported by legislators across the state and which Gov. Murphy says he'll sign. Learn why thousands of casino employees are speaking out on this life and death matter.

WHAT TRENTON MADE

SCHOOL SEGREGATION — "Integrating schools in a diverse state: As desegregation lawsuit proceeds, what models work?" by NJ Advance Media's Tina Kelley: "The courts, the legislature, and many individual districts are struggling with a central question: How do you bring about a mix of students in a district that better reflects the state's diversity, which ranks seventh nationally, while its schools rank seventh-worst for Latinx students and sixth-worst for Black students, according to UCLA's Civil Rights Project? 'The remedy is right there,' said Christian Estevez, president of the Latino Action Network … leading plaintiff in the suit. The state, he said, has the power to regionalize school districts to create racial and socioeconomic balance within new boundaries. He also favors magnet schools, some of which are oversubscribed now and could expand."

WHERE THERE'S SMOKE THERE'S THE FIRE PENSION FUND — "Police and fire pension fund chief investment office resigns after ethics probe," New Jersey Globe's David Wildstein: "Russell Niemie, the chief investment officer of the New Jersey Police and Firemen's Retirement System has resigned after his board became aware of a possible ethics violation about ten days ago. Niemie's resignation follows a finding this month that he violated the federal Employee Retirement Income Security Act (ERISA) while serving as the chief investment officer of the New York State Nurses Association Pension Plan & Benefits Fund. Last week, U.S. District Court Judge Lewis A. Kaplan affirmed a $96 million award to the nurses after an arbitrator found that White Oak Global Advisors, an investment advisor firm, interviewed Niemie for a job without advising pension fund trustees. In late 2015, Niemie recommended a contract renewal for White Oak one day after he had interviewed for a job with the firm, according to records cited in a report by Pensions & Investments. 'The PFRS Board of Trustees accepted Russell Niemie's resignation as chief investment officer, which is effective immediately,' a spokesman for the board said on Tuesday."

IF SOMETHING GOES WRONG SYLVESTER STALLONE WILL SAVE YOU — " Port Authority keeping public in the dark on Lincoln & Holland Tunnel inspections," by News 12's Walt Kane: "The tunnels are used by hundreds of thousands of people every day, but with both 100 years old, some drivers wonder just what kind of shape they're in. 'You can see they're extremely old. And they look their age,' says Richard Cohen. 'To tell you truth, I was kind of like, am I under the water right now? Because I'm about to take a pretty significant bath here,' adds Steve Clements. Under the Freedom of Information Law, Team 12 obtained the latest inspection reports on the tunnels, from March 2020. But when Senior Investigative Reporter Walt Kane dug through them, he found page after page was blacked out."

—"Bill would require election officials to post uncounted ballot totals"

—" New N.J. graduation test should be waived for Class of 2023, lawmakers say. Top senator has a broader plan"

—"Whistleblower lawsuit: Former NJ Transit officer claims he was retaliated against"

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BIDEN TIME

BECAUSE YOU CAN COUNT ON COPS TO BE LIBERAL SUPPORTERS OF PHIL MURPHY — Ian Smith campaign demands police release body cam footage of DUI arrest, by POLITICO's Matt Friedman : The congressional campaign of Ian Smith, who served prison time for killing a 19-year-old while driving drunk when he was 20, is calling on police to release body camera footage of his arrest last weekend for another DUI. Smith, who's seeking the GOP nomination in the 3rd District and attended the Jan. 6 rally at the U.S. Capitol, was arrested early Sunday in Cinnaminson, Burlington County, and charged with driving under the influence after refusing to take a Breathalyzer test, according to a report on NJ.com. Smith was also charged with reckless driving, careless driving, failure to observe marked traffic lanes and delaying traffic.

—"NJ-8 seemingly gains another Democratic contender"

—Snowflack: " Kicking around Picatinny"

—"Biden only said what we were all thinking about Putin l Opinion"

—"Judge rejects bid by Andy Kim primary opponent to toss Mercer Dem convention results"

A message from American Nonsmokers' Rights Foundation:

LOCAL

THE NERVINGTON! — "Town sues senior citizen for filing too many public record requests," by NBC 4's Chris Glorioso and Courtney Copenhagen: "Elouise McDaniel is an 82-year-old retired school teacher who is no fan of her mayor, Irvington's Tony Vauss. She once tried to run against him, and each year, she files numerous record requests seeking information about Mayor Vauss and his administration under New Jersey's Open Public Records Act (OPRA). Now it seems someone in Irvington government has become fed up with her. But it's not clear who. 'I was slapped with a lawsuit,' McDaniel said, referring to a complaint in which Irvington Township accuses her of harassment and defamation, in part because she filed seventy-five OPRA requests over three years. The suit alleges McDaniel also filed frivolous complaints about the Vauss administration with state agencies including the Office of the Attorney General, 'with the sole purpose and intent to harass, abuse and harm Plaintiffs and employees of the Township, including its Mayor.' … While the spat between Irvington and one of the mayor's most vocal critics may seem like a hyper-local controversy, First Amendment lawyers say it could set a troubling precedent. 'The officials in Irvington need to have thicker skin,' said Walter Luers, an attorney who specializes in public records battles. He calls the complaint against Elouise McDaniel a classic SLAPP lawsuit – that's an acronym for Strategic Lawsuit Against Public Participation."

WAYNE WORLD — "Wayne voting wards modified: How epic floods of the past are affecting future elections," by The Record's Philip Devencentis: "Some voters in the 2nd Ward will join the 1st Ward as part of an adjustment of the township's election districts that was necessary after the most recent census … By rule, the number of citizens in the most populous ward cannot be 10% or more above the least populous ward. In this case, residency of the 1st Ward fell too far under the 4th Ward. According to officials, there is only one explanation for the below-average population of the 1st Ward: The township's flood-buyout program enticed many homeowners to leave."

BOEZOS — " Jersey City mayor doubles down on slamming BOE for raising school taxes," by The Jersey Journal's Joshua Rosario: "Jersey City Mayor Steve Fulop doubled down on his stinging criticism of the school board for increasing property owners' school taxes by $1,600 'for a largely failing public school system.' On March 22, a day after the $955 million school budget was approved, the administration took a shot at the 'bloated salaries' of district leadership, saying district officials and the board 'have not looked at any common-sense changes that have been recommended to them for years.' In a scathing critique Monday, the mayor questioned the per-pupil spending and said it's fair for the public to ask the board, which has raised the school taxes over the last three years, 'What are we getting for that money? And where is our money going?' … '(The amount spent per student) is amongst the highest in the entire country for a school system that is largely failing and hasn't shown meaningful progress' Fulop said the district is spending $32,000 per student, but schools Interim Superintendent Norma Fernandez said the per-pupil spending is much less — $22,657. 'An individual may see the total monies and miscalculate the per-pupil cost,' Fernandez said. 'The district's operational budget is $754 million and that includes funds for the charter schools as well.'"

—"Vineland man out as candidate for Cumberland County commissioners seat"

—" Paterson school superintendent Eileen Shafer gets one-year contract extension"

—"Photos: Former Councilman Aslon Goow provides proof of Paterson residence"

—Bayonne mayoral candidate wants to renegotiate deal with developer who gave to super PAC

—" Bayonne mayor, other city officials, still must give depositions after motion to quash ruling"

—"Baraka jumps feet first into May 10th South Ward battleground "

—"Hudson County school board elections: One contested race, but three budget votes"

—"Former Union County GOP chairman suspended three years from practicing law for ethics violations"

—" Branchburg settles retired female cop's discrimination suit for $325,000"

—"Brookdale Community College questioned on $790K in spending by NJ comptroller "

DON'T MISS POLITICO'S INAUGURAL HEALTH CARE SUMMIT ON 3/31: Join POLITICO for a discussion with health care providers, policymakers, federal regulators, patient representatives, and industry leaders to better understand the latest policy and industry solutions in place as we enter year three of the pandemic. Panelists will discuss the latest proposals to overcome long-standing health care challenges in the U.S., such as expanding access to care, affordability, and prescription drug prices. REGISTER HERE.

EVERYTHING ELSE

THE DANGERS OF LIVING VICARIOUSLY THROUGH YOUR CHILD — "It's never been uglier on N.J. sports fields as bad behavior explodes," by NJ Advance Media's Matthew Stanmyre: "The intense focus on sports throughout the country has collided with pandemic-related stress to form a highly combustible and never-before-seen atmosphere of bad behavior across all levels of athletics, several experts said. Of course, even in normal times people have had seemingly free license to scream, taunt and hurl insults at sporting events — acting out in ways they never would at work, the grocery store or the dentist office … people are brawling on airplanes over mask mandates and parents are ranting at school board meetings about curriculum, the behavior at sporting events is even more volatile, experts said. And it's playing out in the last place you'd want it: Right in front of young people. Consider the scenes in New Jersey alone since the pandemic began: In July 2021, players flooded the bleachers and threw punches after fans tossed beer on them during a minor league baseball game in Little Falls. In February 2022, an adult fan stormed the floor and shoved a coach during the middle of a high school basketball game in Jersey City, bringing the game to a halt. In September 2021, a Little League game in Hunterdon County was cancelled mid-game as parents and a 20-year-old umpire traded curse words in front of dozens of bewildered 10-year-olds."

BUNGLED INVESTIGATION — "Teen died on the tracks. State called it a suicide, but NJ Transit bungled the evidence, analysis finds," by NJ Advance Media's S.P. Sullivan: "The Valiante family had long hoped for closure when a court ordered New Jersey Transit Police to turn over evidence from their daughter Tiffany's 2015 death on the tracks. Authorities concluded at the time she died by suicide, hurling her body in front of a commuter train. Her family maintained the facts didn't add up — the official story was that she left a graduation party near her Galloway Township home, dropped her phone at the end of her driveway and walked more than 4 miles. An analysis of the evidence in the case is now finished, but closure remains elusive. The new forensic and DNA analysis could only conclude that NJ Transit Police had lost or left to ruin key pieces of the puzzle. The shirt Tiffany was wearing had been stored in a plastic bag tied into a knot, where it became 'covered with mold' and scientifically useless. Other key items 'had been outdoors, exposed to the elements for a few weeks, prior to being collected' making them similarly contaminated the report found. Worse, the 'blood card' containing Tiffany's DNA had been so poorly mishandled that the analysts reevaluating it couldn't be certain it was actually hers … When the family won a court order to get the evidence tested, they were horrified by the condition of things, according to Paul D'Amato, the family's attorney. In one instance, they received a photo of an axe found near the scene that had 'red markings' on it. They could not test the axe because it had gone missing, he claimed. 'NJ Transit lost the axe,' he said. 'How do you lose an axe?'"

DELAWAR — "A battle brews over use of the Delaware River: Recreational vs. commercial," by NJ Spotlight News' Susan Phillips: "Taking a trip to the banks of the Delaware River on a warm summer day these past couple of years, you may have seen people paddling kayaks, floating on inflatable pink flamingos, racing by on jet skis, and even swimming. It's a sign that the river, once known as a 'stinky ugly mess,' is now much cleaner and more inviting. It's also the result of an effort by advocates and environmentalists to encourage more recreational use of the river. But not everyone is cheering a recreational return to the Delaware. Each year, about 4,000 large cargo ships carry everything from plywood to steel to grapes, delivering material to 30 different marine terminals in the 27-mile stretch between the Tacony-Palmyra Bridge and the Commodore Barry Bridge …. The Maritime Exchange for the Delaware River and Bay, a trade association for the commercial shipping industry that helps manage the traffic, says the increased recreational activities risk fatal collisions with container ships that ply the Delaware. The group is pushing back against efforts to upgrade the river's regulatory designation under the Clean Water Act."

BIG BUCKS — " Report: 27 NJ farmers lost $1.3M to deer damage in one year alone," by NJBIZ's Gabrielle Saulsbery: "A small group of New Jersey farmers lost nearly $1.3 million to deer damage in 2019, according to a report by Rutgers Cooperative Extension and the Rutgers New Jersey Agricultural Experiment Station released March 28. Researchers conducted case studies of 27 farmers about their experiences, some dating back to the 1960s, with white-tailed deer regarding environmental damage, safety concerns, management challenges and impacts to operations as the number of deer has grown in the report titled White-Tailed Deer and the Hidden Costs to Farmers' Livelihoods: A Case Study of New Jersey Stories. Another study by Steward Green for the New Jersey Farm Bureau found that deer density in New Jersey is far above what's considered healthy."

—"Bell Works stars in Apple TV+ 'Severance' as real workers there seek elusive balance"

—" Road builders' study suggests state gas tax holidays may bring little relief to consumers"

A message from American Nonsmokers' Rights Foundation:

No worker in New Jersey should have to choose between their health and a paycheck, but that's exactly what a loophole in state law forces Atlantic City casino employees to do every day. It's past time to eliminate the casino smoking loophole by passing S264/A2151, bipartisan bills supported by legislators across the state and which Gov. Murphy says he'll sign. New Jersey should not allow any worker to be subjected to known carcinogens. Atlantic City casinos have been setting revenue records and operating with the fewest employees in years. Now is the time to protect casino employees' health. Just like restaurants adapted and thrived 16 years ago, casinos will do the same—and going smokefree can be a win-win, as several Pennsylvania casinos have voluntarily gotten rid of smoking and are setting revenue records. Learn why thousands of casino employees are speaking out on this life and death matter.