There was also a large faction of the Legislature that wanted to expunge records for marijuana offenders of the past who were caught with up to 5 pounds of the stuff...that caused a big "wait a minute" to happen.
The problem is, in the rush to "do something" about all these murdering hippies on the jazz cabbage, the NJ legislature kinda f'ed up the laws.
There are two penalties: possession & possession with intent to distribute.
Possession:
under 50 grams (1.8 ounces) is a disorderly persons charge
over 50 grams (over 1.8 ounces) is a fourth degree felony
Possession with Intent to Distribute:
under 1 ounce is a fourth degree felony
between 1 ounce and 5 pounds is a third degree felony
between 5 pounds and 25 pounds is a second degree felony
over 25 pounds is a first degree felony.
So essentially, if you were caught with weed, it was up to the police officer to determine whether it was for yourself or you intended to distribute it. That 1-1.8 ounce area is the grey area, and you are subject to the officer's discretion as to whether you intended to distribute. (as a comparison, the monthly allotment of NJ medical patients is 2 ounces). You can hazard a guess who got the disorderly and who got the felony, but that's a completely other issue.
It would be impossible to legislate that only certain third degree felony possessions were expunged but not other third degree felony possessions. And if you just limit expungement to disorderly person charges, you're excluding 24,000 of the 32,000 annual arrests in NJ.
The way around this is to not have blanket expungement, and let those who were hit with the felony charge apply for expungement, and determine on a case by case basis. The problem with this in other jurisdictions is it's flooded the court system, and the court has to hire more staff to process, or the expungement process will take several years.
It's an easy fix to have disorderlies blanket expunged & felonies over 2 ounces apply to be expunged, but certain factions are distorting that to make it seem like 5 pound El Chapo wannabes will be immediately be released from prison.