Cannabis Blog

Yesterday the House Financial Services Committee voted 45-15 (with significant bi-partisan support) to advance the SAFE (Secure and Fair Enforcement) Banking Act for a vote before the full House of Representatives, which, if enacted, will enable banks and insurance companies to service state-legal cannabis businesses.

Versions of the
SAFE Act have been introduced since 2013, but this version has 152
co-sponsors.  Because cannabis is federally illegal, most financial
institutions have been reluctant to work with state licensed cannabis
businesses for fear of violating ...

As the NJ
legislature continues to debate the legalization of adult use marijuana, the NJ
Appellate Division has issued an important decision addressing a controversial
topic – the right of employers to discipline employees who use marijuana
outside of work.

In this case,
Wild vs. Carriage Funeral Holdings, a cancer patient, who had been prescribed
medical marijuana and who used the marijuana only after work hours and at home,
was terminated after his employer learned of his medical marijuana use and
inability, therefore, to pass an employer required drug test.  The
employee then ...

Pashman Stein Walder Hayden Attorney Sean Mack quoted in New Jersey State Bar Foundation legal newspaper for kids, “The Legal Eagle,” on marijuana legalization.

“The devil is always in the details. Unlike most states, the draft legislation really gets into the details instead of leaving it to the regulators to draft rules after marijuana is legalized,” says Sean Mack, a Hackensack attorney specializing in unfair business practices resolution who helped prepare New Jersey’s marijuana reform legislation.

“Unfortunately, that also is part of the reason passage of ...

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.  ...

Pashman Stein Walder Hayden P.C. attorney CJ Griffin has been included on the “250 Cannabis Law Experts” list published by the DataBird Research Journal. DataBird uses machine intelligence to identify leaders in various market segments. Cannabis Law Experts are selected by invitation only and the list is compiled to recognize 250 individuals “that are shaping this fast-growing space.” The entire list is available here.

CJ has earned a reputation in the State as one of the leading attorneys representing media companies, non-profit organizations, and citizens in Open ...

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 ...

• 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 ...

On October 25, the C. Willard Heckel Inn of Court at Rutgers Law School starts the new semester with a presentation on New Jersey cannabis law. Sean Mack, co-chair of Pashman Stein Walder Hayden’s Litigation Group and Leader of the Firm’s Cannabis Law Group will provide an overview of the status of medical cannabis in New Jersey. Sean will be speaking on the proposed or enacted legislation to expand medical cannabis and adult use cannabis.

The program will be held from 5 p.m. to 7 p.m. at Rutgers Law School, Center for Law and Justice, 123 Washington Street, Newark, NJ 07102.

To register ...

After decades of advocates asking for cannabis to be removed as a Schedule I drug, on September 28, 2018, the DEA recognized that cannabis can have medicinal value and therefore the cannabis drug Epidiolex cannot be a Schedule I drug. Schedule I is reserved for drugs that have “no medicinal value” and have the potential to be highly addictive.

Specifically the DEA concluded that “Epidiolex no longer meets the criteria for placement in schedule I of the CSA.”

On June 25, 2018 the FDA had approved Epidiolex “for the treatment of seizures associated with two rare and severe forms ...

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 ...