Posts in Medical Marijuana - NJ.

Earlier this year, Governor Murphy promised patients that if the legislature did not act, he would act to expand NJ’s medical marijuana program.  On June 3, 2019, Governor Murphy’s administration did just that by issuing a request for applications for up to 108 new licenses.  The licenses will be distributed across the state, and unlike prior applications, there will be up to 24 cultivation licenses, up to 30 manufacturing licenses and up to 54 dispensary licenses available.  In the prior two RFAs, applicants were required to be vertically integrated, but not this time.

Permit ...

NJ.Com is
reporting that it has received confirmation that the next round of requests for
applications for medical marijuana licenses will be released by the Department
of Health on June 3.  Stay tuned for details…

The last time
the state issued an RFA, applicants were afforded only one month from the date
of the RFA to submit their applications.  Anyone interested in this round
should already be working on their applications.

Pashman Stein Walder Hayden is carefully monitoring developments in New Jersey and federally with respect to marijuana legislation and will be available to ...

Lost amidst the
cannabis news last week indicating that adult use marijuana may be heading to a
voter referendum in 2020 while medical marijuana likely will expand this year,
the Senate introduced legislation to establish NJ’s hemp program.

Under the 2018
Farm Act, the Federal Government de-scheduled hemp from the Controlled
Substances Act and authorized states to develop their own proposed rules for
establishing a hemp industry in each state.

On May 13,
2019, Senate Bill No. 3686 was introduced by Senator Sweeney and 3 other
co-sponsors.    The Bill would repeal the law passed last ...

Within the last
24 hours, hopes for the passage of legislation to legalize adult use cannabis
have soared in New Jersey and soured in New York.

Governor Murphy
and state legislative leaders agreed late Monday night on the remaining terms
to for wide ranging cannabis legislation in New Jersey.  No draft bill is
currently available because the details and precise language still needs to be
crafted, but the bill will provide for expedited expungement of criminal
records for minor cannabis offenses, a flat $42 per ounce tax, and allow
municipalities to add up to 3% tax on retail sales.  ...

After months of delays, three bills are finally scheduled for hearings before the Senate and the Assembly Budget and Appropriations Committee.

On November 26, 2018, the Senate and Assembly committees will consider the bill introduced by Senators Scutari and Sweeney, S2703, to legalize adult use marijuana; and bills to revise medical marijuana laws introduced by Senators Vitale, Scutari and O’Scanlan, S10 and S2426. Identical companion bills have been introduced in the assembly as well.

Rumors about these hearings have circulated for months but were delayed as legislators ...

A recent poll by Quinnipiac University found that while approximately 62% of New Jersey residents are in favor of fully legalizing marijuana, only roughly 50% want it to be sold within their towns. 45% affirmatively said they do not want it in their towns. So far, at least 30 towns in New Jersey have passed laws to ban cannabis businesses.

What does this mean for the cannabis industry? Obviously, those wanting to pursue medical or adult-use cannabis licenses in the future need to pay close attention to what is occurring at the local government level. Building relationships with ...

Currently, there are six alternative treatment centers (aka medical marijuana dispensaries) in New Jersey, but that number is soon to double. On July 16, 2018, the New Jersey Department of Health Division of Medicinal Marijuana issued a Request for Applications for up to six more medical dispensaries. The six licenses will be divided evenly throughout the state: two in the northern region, two in central region, and two in the southern region.

Importantly, while all current medical marijuana licensees are required to be non-profit corporations, the six new licenses can be ...

The Canadian federal government legalized marijuana yesterday when the Cannabis Act was approved by the Senate in a 52-29 vote. The underlying basis for the legislation, which is set forth in an official press release when the law was first proposed makes perfect sense, and is something that every American anti-prohibition advocate can relate to: “The current approach to cannabis does not work. It has allowed criminals and organized crime to profit, while failing to keep cannabis out of the hands of Canadian youth.” While the Canadian legislation is significant for several ...

On June 18, 2018, the NJ Department of Health published for comment its anticipated amendments to the administrative rules for NJ’s medical marijuana program.  Interested parties will have 60 days to submit comments on the proposed rules.  Comments can be submitted electronically at:    http://www.nj.gov/health/legal/ecomments.shtml,

According to a DOH press release, the new rules would make the following changes:

  • Reducing the registration fee for qualifying patients and their caregivers from $200 to $100
  • Adding seniors and military veterans to those eligible for the reduced ...

Until now, New Jersey’s strategy for marijuana legalization has been to address medical marijuana separately from recreational marijuana. Thus, as we have previously reported, Governor Murphy and the Department of Health have been working to rapidly expand the medical program, while the Legislature separately hashes out legislation on full legalization.

Now, a new approach has emerged. Senator Scutari, a legislative leader in the legalization movement, has introduced the “New Jersey Marijuana Legalization Act,” which will tackle both medical and recreational ...

Moody’s Investors Service, Inc., a leading credit ratings, research, and risk analysis company, confirmed today that legalized marijuana provides positive revenue for states and localities which have permitted retail sale of marijuana, even taking into account the cost of regulation. While the share of the general revenue provided by taxes and licensing fees is relatively small – 1.2 percent of the general revenue in Washington and 2 percent in California, for example – that is in line with Governor Phil Murphy’s projections, which have accounted for an additional $60 ...

It is well known that New Jersey’s medical marijuana program was significantly hindered by Governor Christie. Since taking office, Governor Murphy has sought to significantly expand the program by expanding the list of qualifying medical conditions, significantly cutting the registration fees for patients, and expanding the number of doctors who can prescribe medical marijuana. The State even launched a new program that allows patients and doctors to register with the medical marijuana program through their mobile devices.

Governor’s Murphy’s efforts have paid ...

There are many reasons why Governor Murphy has prioritized legalizing marijuana, but perhaps the most important reason is the social justice aspect. An article posted on NJ.com yesterday displayed statistics about marijuana arrests in each state that were gathered from 2016 data from the FBI’s Uniform Crime Reporting program. According to the article’s analysis of the FBI data, New Jersey ranked third in the nation in total marijuana arrests, and second in the nation in marijuana arrest rate (arrests per 100,000 people).[1] Census data, however, reveals the New Jersey ...

Alan Silber a member of Pashman Stein Walder Hayden's Cannabis Law Group was extensively quoted in the Asbury Park Press article, "NJ Marijuana Legalization: Lawyers Say Weed is Good for You."

“So, you have a substance which you’re saying is illegal, which is identical to a substance that is made in the human body to keep us healthy,’’ Silber said. “What’s wrong with that picture?’’

He added, “Medical benefits from the use of marijuana not known in 1971, …and impediments to its lawful use as a result of its Schedule 1 classification, are abundant and glaringly ...

1524263834

Registration For The Twelfth National Clinical Conference On Cannabis Therapeutics

Pashman Stein Walder Hayden Attorneys Alan Silber, CJ Griffin and Ronny Jo Siegal are set to present on in Jersey City on May 10th at The Twelfth National Clinical Conference on Cannabis Therapeutics hosted by Patients Out of Time.

The Pre-Conference Policy Workshop: Medical Cannabis in the States of Confusion is scheduled for Thursday, May 10, immediately prior to the conference. Patients Out of Time will offer a policy seminar featuring experts in law, science, and policies. This ...

De-Scheduling could have significant impact on how marijuana is regulated in New Jersey

Pashman Stein Walder Hayden filed a Brief De-Scheduling Marijuana today in support of the de-scheduling marijuana, and is in direct response to New Jersey’s Division of Consumer Affairs solicitation for public comment on how marijuana is classified under state law and whether any change in its classification status is warranted.

To reevaluate whether the currently accepted uses for medical marijuana warrant a change in its classification as a “Schedule I” drug in New Jersey, a ...

The New Jersey Division of Consumer Affairs is holding two public comment sessions scheduled on April 19th and April 24th which will be part of the process to re-evaluate, particularly in light of recent changes to this State’s policies on medical marijuana, whether marijuana should remain as a Schedule I drug under the New Jersey Controlled Dangerous Substances Act (the “CDSA”), or be re-classified to Schedule IV (or lower). Marijuana is currently a Schedule I controlled substance, which according to the CDSA means that it “(1) has high potential for abuse; and (2) has no ...

On March 28, 2018, the NJ Department of Health issued its report on medical marijuana in response to Gov. Murphy’s Executive Order Number 6. The Report suggests ways that the Department intends to modify the existing Administrative Code, which the Department can do without legislative changes, and makes some recommendations to the Legislature to adopt statutory changes. Governor Murphy then announced that most of the Administrative Code changes would become effective immediately.

Among the administrative changes the Department states that it intends to take immediately ...

On March 5, 2018, Assemblymen Gusciora and Eustace introduced new legislation (Assembly Bill, No. 3437) to revise New Jersey’s medical marijuana program. The proposed legislation would make substantial changes to the existing law and address many of the roadblocks that medical marijuana advocates have complained impeded New Jersey’s medical marijuana program.

The legislation would create three regions: northern, central and southern New Jersey and require at least six medical marijuana dispensaries and two cultivator-processors in each region. With the six existing ...

While there are many social justice benefits to legalizing recreational cannabis, the economic benefits cannot be overlooked. Studies show that Washington and Oregon had 22,952 and 11,295 full-time cannabis jobs, respectively. This is obviously a huge benefit to any economy, as nationwide it is estimated that the cannabis industry worth $10 billion dollars a year. Estimates suggest that New Jersey’s cannabis industry could easily be worth $1 billion per a year, which will reap considerable tax benefits for the state.

NJ Advance Media recently sent a reporter to Oregon and ...

A Federal judge in New York dismissed a lawsuit challenging the scheduling of marijuana as a class I drug. Several challenges to its classification had been brought in the past and all have been unsuccessful since marijuana was classified during the Nixon administration. This lawsuit sought to demonstrate that the classification was wrong because there are medical benefits from marijuana, which means it should not be classified as class I. The criteria for class 1 drugs includes that the drug has a high potential for abuse, no currently accepted medical use in treatment and a lack of ...

Notwithstanding Governor Murphy’s pledge to legalize marijuana within his first one-hundred days in office, many local governments have taken action of their own which would generally keep the (soon to be) state-legal marijuana out of their municipalities. Specifically, many municipalities are considering - or have already passed - legislation that would generally prohibit recreational marijuana retailers and other businesses involved in the retail or growing process from opening up shop within their borders. For example, earlier this week, Middletown, New Jersey ...

Members of the NJ legislature who have been opposed to marijuana legalization introduced proposed legislation that would decriminalize possession of small amounts of marijuana. The bill is proffered as a compromise piece of legislation intended to accomplish some of Governor Murphy’s objectives but avoids legalizing marijuana. Under the bill, a person caught with less than 10 grams of marijuana would face a fine of $100 for a first offense, and increasing fines for subsequent offenses. The goal of the bill is to reduce the number of people incarcerated and involved in the ...

This week, Governor Chris Christie signed a bill that expands access to medical marijuana. Specifically, those diagnosed with Post-Traumatic Stress Disorder (PTSD) may now obtain a prescription for medical marijuana. When signing the bill, Governor Christie noted that up to 20% of veterans returning from the Iraq and Afghanistan wars suffer from PTSD and that medical marijuana should be available to them after it has been decided that conventional treatment is not working.

For more ...

PSWH Partner CJ Griffin was interviewed by CNN Money about whether employers must accommodate medical marijuana users in New Jersey. To read more, visit: http://money.cnn.com/2014/11/09/news/economy/fired-for-smoking-weed/index.html

PSWH Partner CJ Griffin appeared on The Small Business Advocate to discuss how New Jersey employers should handle employees who might use legal marijuana. You can listen to Griffin’s interview here: https://www.smallbusinessadvocate.com/small-business-interviews/c-j--griffin-15130

PSWH Partner CJ Griffin appeared on WTAC-AM with Burt Baron to discuss how New Jersey’s new medical marijuana law might impact New Jersey employers.  You can listen to Griffin’s interview here: http://wctcam.com/episodes/bert-interviews-attorney-cj-griffin/

PSWH Partner CJ Griffin wrote an op-ed for New Jersey News Room regarding the potential impact that medical marijuana legalization could have on New Jersey employers. You can read the full article here: https://www.jdsupra.com/post/fileServer.aspx?fName=1870ca07-247d-42d6-ae76-fd16b982add8.pdf

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