Cannabis Law

As both medical and recreational cannabis has expanded throughout the United States, New Jersey is geared to fully legalize cannabis (under state law) in the near future. Businesses and entrepreneurs interested in this emerging market need competent legal counsel to assist them in navigating through complex regulatory and legal issues at the state level, while being mindful that cannabis is illegal at the federal level.

Our firm has been involved in New Jersey’s legalization process for years, including working with New Jersey United for Marijuana Reform to draft an early version of the legislation that was introduced by Senator Scutari. Our attorneys have years of involvement in the cannabis legalization movement, including service on the Board of Directors of NORML and the American Civil Liberties Union of New Jersey, the Board of Advisors of the Drug Policy Formation; the American Bar Association Drug Policy Committee; and the Drug Law Reform Committee of the National Association of Criminal Defense Lawyers.

Our attorneys are able to assist New Jersey companies and entrepreneurs who seek to enter into the emerging cannabis industry. We can help you in every step of forming and operating your business, including: 

• Corporate Formation and Financing
• Licensing and Permitting for growers, processors and distributors
• Government Compliance
• Real Estate, Land Use and Zoning
• Business Litigation
• Products Liability
• Labor & Employment
• Intellectual Property
• Bankruptcy

Representative Matters:

• Pashman Stein Walder Hayden worked with New Jersey United for Marijuana Reform and ACLU-NJ to draft the legislation that was introduced by Senator Scutari in 2017. Senator Scutari’s bill was re-introduced in January 2018 as S830 and is pending.
• Sacramento Nonprofit Collective v. Holder, 552 Fed. Appx. 680, 682 (9th Cir. 2014) (challenging federal ban on medical marijuana on behalf of medical marijuana dispensaries)
• State ex rel. Sajo v. Paulus, 688 P.2d 367 (Or. 1984) (concerning whether the state followed proper procedures when they did not place the Oregon Marijuana Initiative on the voting ballot)

Resource List: 

• August 29, 2018 | Memorandum on Guidance Regarding Municipal Prosecutors’ Discretion in Prosecuting Marijuana and Other Criminal Offenses
• July 16, 2018 | New Jersey Department of Health Division of Medical Marijuana Request for Applications
• July 3, 2018 | NY Department of Financial Services Guidance on provision of Financial Services to Medical Marijuana and Industrial Hemp-Related Business in New York State 
• April 30, 2018 | State Treasurers Cannabis Banking Solution
• March 23, 2018 | NJ Health Dep't Executive Order 6 Report Final
• January 23, 2018 | Executive Order 6 
• January 4, 2018 | Memorandum on Marijuana Enforcement (Sessions Memo) 
• May 2017 | ACLU NJ Unequal & Unfair- NJ War on Marijuana users
• December 14, 2016 | Various Senators Letter to FinCen re Banking for Indirect Business
• February 14, 2014 | Expectations Regarding Marijuana-Related Business from Department of the Treasury (FinCen Guidance) 
• May 8, 2014 | Response to Senator Questions on Marijuana Legalization
• August 29, 2013 | Memorandum on Guidance on Marijuana (Cole Memo)
• June 2013 | ACLU- The War on Marijuana in Black and White

Disclaimer: Please be advised that possessing, using, distributing and/or selling marijuana is a federal crime, regardless of whether it is legal in any state. Your compliance with state law does not equate to compliance with federal law. No legal advice that we provide is intended to provide you any guidance or assistance in violating federal law.