Cannabis Business Lawyers NJ | Marijuana Licensing
LoFaro & Reiser, LLP is a trailblazer of legal strategies and service for the developing cannabis industry. After forming its Cannabis Law Group in 2016, the Firm represented a Canadian company in a theft of trade secret lawsuit seeking a temporary restraining order to enjoin a NJ company from proceeding with its Medical Cannabis themed ETF before the Securities and Exchange Commission. Our firm currently represents clients in all aspects of the cannabis industry including medical and recreational cannabis licensing, business counseling, regulatory compliance, ancillary services and litigation.
Our firm can assist clients in the cannabis industry in the following ways:
CANNABIS LICENSING/REGULATORY COMPLIANCE
Our experienced attorneys will guide you through the complex process to obtain licenses and permits for medical and adult-use cultivation operations, manufacturing and production facilities, wholesale operations, dispensaries and transportation companies. By understanding the complexities of New Jersey’s licensing procedures, we are able to aggressively guide clients towards establishing cannabis businesses and maintaining positive relationships with state and local governments and regulators.
ANCILLARY BUSINESS COUNSELING
We provide legal counseling to businesses that provide ancillary services to the cannabis industry, including marketing, design, architecture, lighting, transportation, packaging, labeling, vape device companies, cannabis paraphernalia and agricultural devices.
INDUSTRIAL HEMP & CBD
We assist clients in applying for licenses to farm, produce, sell and research industrial hemp and related products containing CBD. We also help businesses that sell CBD Oils, Lotions, Creams, Edibles and Pet Products comply with applicable state and federal laws, including the Farm Bill and FDA regulations.
CANNABIS BUSINESS COUNSELING
At LoFaro & Reiser, we represent a dynamic and diverse group of entities from a variety of industries in all aspects of their business formation, regulation, operation, expansion, and dissolution. We counsel our clients in all essential business transactions, such as entity formation (including limited liability companies and partnerships), corporate governance matters, loan agreements and financing arrangements, licensing and lease agreements. In addition, we provide counsel on the full range of business and corporate law matters. Our corporate law experience now extends to providing business counseling and corporate law services for clients in the cannabis industry.
INTELLECTUAL PROPERTY
We assist cannabis clients with obtaining copyright and trademark protections for their brands.
CANNABIS BUSINESS LITIGATION NEW JERSEY & NEW YORK
The cannabis industry presents unique legal challenges that our firm is poised to handle when those challenges result in litigation. Whether it be theft of trade secrets, partnership disputes, real estate matters, disputes between cannabis businesses and local governments over zoning requirements, employment laws, cannabis product labeling requirements, branding and intellectual property protections, commercial licensing agreements, vendor and ancillary business contracts, or advertising and marketing regulations, our firm is equipped to handle your cannabis business litigation needs.
REAL ESTATE/LAND USE AND ZONING
Our attorneys handle real estate transactions and land use/zoning applications on behalf of clients involved in the cannabis industry.
Contact Eric D. Reiser [1]to schedule an appointment to discuss your cannabis business venture or litigation matter.
2006 and/or 2013 legislation:
- http://www.njleg.state.nj.us/2008/Bills/PL09/307_.HTM [2]
- http://www.nj.gov/health/medicalmarijuana/documents/cumma_ammendments_9_13.pdf [3].
- Patients and Caregivers [4]
- Medical Marijuana Program’s registration policies and application for Physicians [4]
There are only 3 ATCs currently licensed for production and distribution, with an additional 3 in the ‘pending approval’ stage. Click here [5] for more information on ATCs.
Recent Developments in the Law:
Three important NJ Senate and Assembly bills were submitted in 2014 which could impact both the existing legislation governing CUMMA and establish new legislation if passed. A3525 would expand CUMMA by increasing the number of licensed ATC’s, allowing patients to grow and possess plants, adding more debilitating conditions, and removing the sales tax. A218 would decriminalize possession of certain amounts of marijuana by any adult with up to 15 ounces. S1896 propose to regulate and tax marijuana like alcohol. A2068 would legalize the recreational sale and use of marijuana by any adult.
Click each link below to see the specifics of each piece of pending marijuana legislation in the NJ Senate and Assembly:
- http://www.njleg.state.nj.us/2014/Bills/S2000/1896_I1.HTM [6]
- http://www.njleg.state.nj.us/2014/Bills/A0500/218_I1.HTM [7]
- http://www.njleg.state.nj.us/2014/Bills/A4000/3525_I1.HTM [8]
- http://www.njleg.state.nj.us/2016/Bills/A2500/2068_I1.PDF [9]
Additional Resources:
Firm Disclaimer: Please note that marijuana remains a Schedule I controlled substance; possessing, using, manufacturing, distributing, and/or selling marijuana or marijuana-derived products is illegal under federal law notwithstanding the existence of any state law to the contrary. No legal advice given by LoFaro & Reiser, LLP is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. By reading this overview, you understand there is no attorney/client relationship between you and LoFaro & Reiser, LLP unless evidenced by an executed legal engagement letter. Although federal policy may, at times, recommend enforcement discretion when a business or individual is in compliance with existing state marijuana law that is deemed to comply with federal enforcement priorities, it is important to understand that compliance with state law does not equal compliance with, confer any immunity from, or provide any shield from prosecution under federal law. At any time, federal and/or state law and policy may change either to enhance or inhibit the cannabis industry.
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