The wait is finally over. New York State Office of Cannabis Management’s (OCM) Cannabis Control Board (CCB) has unanimously passed its revised adult-use cannabis regulations after extensive public input. Notably, the final regulations remained largely unchanged from the May version, which received nearly 500 comments during the last public comment period. These regulations cover various aspects such as labs, enforcement, social equity provisions, licensing, business, and operational rules.

Starting October 4, 2023, the application window will open for cultivators ...

The NJEDA established the Cannabis Equity Grant Program to give out $6 million in grants to 24 cannabis applicants.  The NJEDA previously announced that it was accepting applications on a first come first serve basis as of 9:00 am on April 20, 2023.  Based on application confirmation code numbers provided to applicants by the NJEDA today, it appears that by 9:16 am more than 70 applications had been submitted and by 9:45am the NJEDA closed the application portal with this message:

Based on significant interest in the Cannabis Equity – Joint Ventures Grant, the NJEDA has already received ...

Today, the New Jersey Supreme Court rendered an opinion in State v. Michael Olenowski fundamentally changing how New Jersey courts will now evaluate the admissibility of expert evidence under New Jersey Rules of Evidence in criminal and quasi-criminal cases. 

Prior to the Court’s decision, when evaluating the admissibility of expert evidence in criminal cases, New Jersey courts applied what is referred to as the Frye standard.  That standard required that courts assess only whether the subject of expert testimony was “generally accepted” by the scientific ...

During the February 8, 2023, meeting of the NJ Cannabis Regulatory Commission, the New Jersey Economic Development Authority (NJEDA) provided some much awaited details about its plans to provide grants to cannabis entrepreneurs.  The NJEDA announced that it has approved two Pilot programs for cannabis businesses, which are claimed to be the most generous state grant program for cannabis businesses in the country.

One program will provide up to $150,000 to 24 grant winners and the second program will provide up to $250,000 to 24 grant winners.  Applicants can only receive one of the two ...

New businesses in the cannabis industry may be eligible for state funding for their start-up expenses.

The New Jersey Economic Development Authority (NJEDA) Board recently announced the creation of the Cannabis Equity Grant Program. The initial pilot program will provide $10 million to help start-ups in New Jersey with startup expenses and technical training.

Sixty percent of funds will be reserved for qualifying social equity applicants, such as individuals who have previous cannabis convictions or live in economically disadvantaged areas, defined as zip codes that meet ...

MJBizCon, North America’s largest cannabis business conference, just wrapped up at the end of November.  The PSWH Cannabis Practice group attended the three-day conference and wanted to share some of our key takeaways from this year's event:

A common theme throughout the conference was the importance of women being involved in the cannabis industry as well as the need for creating cannabis products that appeal to other women.  Much of the cannabis industry in New Jersey, for example, is currently dominated by male owners and executives, and we commend MJBiz for highlighting the need ...

From: Cannabis Business Executive

On November 10, 2022, a New York federal judge entered an order enjoining New York’s retail cannabis dispensary application process in five regions of the state. This decision follows similar decisions from federal courts in Maine and Michigan that have found provisions in cannabis licensing rules that unfairly favor in-state residents over out-of-state residents violate the “dormant commerce clause” of the U.S. Constitution.

The plaintiff in this case, Variscite, submitted a complete application under New York’s CAURD program for ...

On March 10, 2022, the New York Cannabis Control Board adopted a resolution to file proposed conditional adult-use retail dispensary regulations with the Secretary of State.  This is a significant step towards licensing retail dispensaries because once filed, there will be a 60-day comment period, and soon thereafter the rules can become final.  Once the rules are final, the Office of Cannabis Management can begin accepting applications for retail dispensary licenses.

If adopted, New York’s rules would be the first in the country to specifically require applicants to either be ...

From: Cannabis Business Executive

At its public meeting on November 10, 2021, the New Jersey Cannabis Regulatory Commission announced that on December 15, 2021 applicants for cultivation or manufacturing licenses can begin submitting applications and on March 15, 2022 applicants for retail dispensary licenses can begin submitting applications.  That staggered application process makes sense to help ensure that there will be product available in the market for retailers to sell. In a sharp break from the application process for medical licenses, the CRC made clear that it will ...

During its public meeting on November 9, 2021, the New Jersey CRC passed a resolution to begin accepting applications for adult use (recreational) testing, cultivation and manufacturing licenses on December 15, 2021.  License applications for retail dispensaries can be submitted beginning on March 15, 2022.  The CRC will review applications on a rolling basis and the application window will not close until another notice is released.

The CRC confirmed that apart from the statutorily set limit of 37 licenses for cultivation, there are no numerical limits imposed by the state on any ...

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