War and Peace: New Jersey Appellate Court Questions Cannabis Application Grading

What do baseball umpires, war and peace, cannabis, and relative error all have in common? A lot in the opinion of the Superior Court of New Jersey, Appellate Division (“Appellate Division”), which issued a ruling today related to the 2018 Request for Applications (“RFA”). While much is addressed in the seventy-five (75) page decision, the net effect is this: the New Jersey Department of Health (“DOH”) – or,… More

Association of Cannabis Regulators Formed to Develop Regulatory Best Practices

Regulators from 19 states have joined together in forming the Cannabis Regulators Association (“CANNRA”). The goal of CANNRA is to share institutional knowledge and regulatory best practices in order to assist federal, state, and local jurisdictions that have approved or are considering the legalization of cannabis. CANNRA is not an advocacy group, nor does it take a position either for or against cannabis legalization, but instead is designed as an informational clearinghouse to help regulators make informed decisions in creating,… More

Where Should I Locate My Cannabis Business in New Jersey?

As the saying about real estate goes, it’s all about “location, location, location.” The same rule holds true and carries substantial weight when determining where to locate your business in the competitive New Jersey cannabis licensing process – both for medical, and as anticipated to continue in the adult use cannabis program. As a result, a common question we as practitioners are asked is “what towns should I be looking in?” So why does location matter in the cannabis licensing process in New Jersey,… More

The Cannabis Election

The race for who will be America’s next President remains a cliffhanger as of early evening on November 4. Many observers thought this election would be a clear-cut win for former Vice President Biden but turned out to be significantly closer than most people imagined with the outcome still unknown and with many votes still left to be counted.

However, one election outcome that was unanimously clear is the one that occurred in five states that had ballot measures regarding the legalization of cannabis for adult and medical use.… More

Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law

In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were “agricultural laborers” within the meaning of the National Labor Relations Act (NLRA) and therefore not subject to the jurisdiction of the NLRB.  The decision means that the union can attempt to organize the workers pursuant to Massachusetts law,… More

A Green Wave Goes to Washington

There has been a significant amount of political punditry over the last several months about an electoral “Blue Wave” coming this November. President Trump is at historical lows of job approval and favorability and much of today’s public polling points towards a Democratic sweep at the ballot box in two weeks’ time. In fact, according to FiveThirtyEight, the online data and analytical website, former Vice President Biden has an 87% chance of winning the Presidency;… More

What is Happening with New Jersey’s 2019 Medical Cannabis Licensing Round?

New Jersey is an emerging cannabis marketplace with a litigation problem. Litigation is not uncommon for competitive application rounds, and unfortunately, New Jersey’s 2019 request for applications (the “2019 RFA”) for twenty-four (24) medical alternative treatment centers (“ATCs”) (inclusive of four (4) vertically integrated permits, five (5) cultivation permits, and fifteen (15) dispensary permits) has been held up for close to a year due to a challenge by a few disqualified entities that subsequently obtained a stay of the process from the Superior Court of New Jersey,… More

What Does the New Jersey Cannabis Ballot Question Actually Mean – and What are the Next Steps?

Cannabis is on the ballot in New Jersey for the November 3, 2020 election (the “Referendum”), but what does that actually mean? Assuming it passes, does that mean I can grow at home? Open my own shop? Sell at my leisure? This article will briefly address what the Referendum does address, what it does not, and where the State, citizens, and entrepreneurs go from here.

As many are painfully aware,… More

The State of Cannabis in the State of New Jersey

The Garden State’s cannabis marketplace is finally on the verge of coming into full bloom. While New Jersey has been perpetually on the verge of something big in cannabis over the last several years, where is New Jersey now and where is it going? With a medical marketplace poised to eclipse over 100,000 patients in the coming months, and the voters of New Jersey on the precipice of passing adult-use cannabis by referendum on November 3,… More

Vermont Moving Toward Legalizing Recreational Marijuana

The Green Mountain state has taken a significant step toward legalizing recreational cannabis.  On September 17, 2020, the Vermont House of Representatives adopted the Conference Committee report for S.B. 54, an act relating to the regulation of cannabis.  The Conference Committee has had custody of the bill since early this year and was tasked with reconciling the significant differences between the bill and a similarly-intentioned, but substantively different,… More