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 ...

Published in Cannabis Business Executive

On August 19, 2021, the New Jersey Cannabis Regulatory Commission adopted its initial rules for the adult use market, two days ahead of an August 21, 2021 deadline set by statute.  The new rules – all 160 pages of them – will be effective for one year until August 19, 2022.

The CRC previously announced that the initial rules would not be comprehensive and would focus on issues they deemed necessary to allow the industry to get off the ground.  Consistent with that message, the rules focus on the application process and the requirements for ...

On August 21, 2021, the NJ Cannabis Regulatory Commission will issue its initial regulations to govern the adult use cannabis industry in New Jersey.  The CRC made that public announcement during its July 13, 2021, public meeting.  The August 21 rules release date is compelled by state law, but given the substantial amount of work required to set up the CRC and to prepare the numerous and detailed regulations required by statute, there was significant speculation in the state whether the CRC would be able to meet the deadline.

The CRC did admit that the initial regulations to be released on ...

  • June 28, 2021

From: Cannabis Business Executive, click here to view the full article.

A newly proposed state law extending New Jersey town’s time to adopt local cannabis specific laws will likely cause problems for applicants who may need to submit their applications before towns are forced to take a position.

Under New Jersey’s adult use cannabis legislation, municipalities have until August 21, 2021 to adopt local ordinances setting zoning rules for cannabis establishments in each town. Under the statute, each of the State’s 565 municipalities has the right to adopt ...

In an important victory for the rights of medical marijuana users, on April 13, 2021, the New Jersey Supreme Court affirmed an Appellate Division ruling, holding that a workers’ compensation judge may order employers in the State of New Jersey to reimburse injured employees for the cost of medical marijuana. Pashman Stein attorneys Alan Silber and Dillon J. McGuire represented several organizations as amici curiae before the New Jersey Supreme Court: (1) National Organization for the Reform of Marijuana Laws (NORML); (2) Garden State–NORML (GS-NORML); (3) Coalition For ...

Access to banking for cannabis-related business has taken a significant step forward, as the U.S. House of Representatives passed the Secure and Fair Enforcement Banking Act of 2021 (SAFE Banking Act of 2021) by a vote of 321-101. https://www.congress.gov/bill/117th-congress/house-bill/1996 .  Among other components, the bill bars federal banking regulators from penalizing banks that provide financial services to a legitimate cannabis-related business or services provider; permits banks to make loans to a legitimate cannabis related-related business; and makes clear ...

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