Cannabis Blog

On October 29, 2019, the USDA released its long awaited interim rules for the hemp industry, following the passage of the 2018 Farm Bill last year that descheduled hemp under the Controlled Substances Act.  These are interim rules and the USDA is accepting comments over the next few months.

The 160 pages of rules cover a variety of topics including testing of levels of delta-9 THC, licensing requirements, and establishing procedures for states to submit plans for the cultivation, processing and sale of hemp in their state.

Sean Mack attorney at Pashman Stein Walder Hayden quoted in superlawyers.com article, “What You Need to Apply for a Cannabis License in New Jersey.” The article explains the steps to apply for a cannabis license in New Jersey.

“That said, New Jersey is limiting the number of licenses it gives out, says Sean Mack, an attorney who advises businesses in the cannabis space. So if you’re considering seeking a license, you want to make sure you make the best possible case in your application. “

To read the full article, please click here.

On Wednesday, October 2, NJ Advance Media will host a seminar diving deeper into the issues and stories at the forefront of NJ.com's Cannabis Insider coverage. Attorney Sean Mack will be a speaker at the event.

Program: 2019 NJ Cannabis Insider Event Series

October 2, 2019- 10:30 AM – 4:30 PM
New Jersey Convention & Exposition Center
97 Sunfield Ave
Edison, NJ 08837

For more information on the event and how to register, click here.

On September 25, 2019, the House of Representatives overwhelmingly voted in favor of HR 1595, the SAFE Banking Act.  Representatives voted 321 to 103 in favor of the bill, with broad support from both Democrats and Republicans.

If enacted into law, the SAFE Banking Act would allow financial institutions to provide customary banking services to the cannabis industry. 

Under current federal law, because cannabis related activity is federally illegal, most financial institutions have not provided traditional banking services to the cannabis industry to avoid being complicit in ...

From: New Jersey Law Journal, click here to view the full article.

Your client calls and asks if she can fire (or not hire) an employee who tested positive for marijuana following the company’s routine drug test. Despite the growing popularity of cannabis stocks, you know that marijuana is still illegal under federal law, so you may assume the answer is: yes, an employer should be within its rights to fire an employee using an illegal drug in violation of the company’s zero tolerance, drug free workplace policy. However, a recent court decision and a change in New Jersey’s ...

On July 22, 2019, the FDA issued a warning letter to Curaleaf, Inc. relating to statements on its website relating to claims about its CBD products.  The FDA warned that four of its products (CBD lotion, pain-relief patch, tincture and disposable vape pen) are unapproved new drugs and misbranded drugs.

Despite the growing popularity of CBD products, the FDA has issued previous warning letters and made clear that it will enforce the Federal Food, Drug & Cosmetics Act (FD&C), especially when merchants make claims about the health benefits of CBD.

The FDA issued this warning because ...

On July 15, 2019, the NJ Department of Health released the application forms required to be completed to apply for medical cannabis licenses pursuant to the request for applications released last month.  Forms are available from the DOH website here.

This RFA makes available up to 24 new medical cannabis license endorsements: 2 cultivation endorsements, 5 dispensary endorsements and 1 vertically integrated permit in each of the Northern and Central Regions of the state; and 1 cultivation endorsement, 5 dispensary endorsements and 1 vertically integrated permit in the Southern ...

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 ...