The passage of the New Jersey Compassionate Use Medicinal Marijuana Act (CUMMA) in 2008 set the table for the stringent rules, regulations,
and application procedures necessary for patient access to medical marijuana. Unlike many states with medical cannabis laws in place, New Jersey requires that treating physicians, not patients, initiate the application process. The processes involve separate application for physicians, patients, caregivers, and Alternative Treatment Centers (ATCs), which are the only legally recognized medical marijuana cultivators and distributors for patients.
LoFaro & Reiser is on the cutting edge of the fast developing area of cannabis business law. Most recently, our firm represented a Canadian company in a theft of trade secret lawsuit filed against a white label Exchange Traded Fund (“ETF”) provider in New Jersey, seeking temporary restraints and a preliminary injunction enjoining the provider from proceeding with their Medical Cannabis themed ETF before the Securities and Exchange Commission. Our firm can assist clients in the cannabis industry in the following ways:
Medical and Adult-use Cannabis Business Formation and Operation
Our lawyers provide comprehensive and experienced legal counsel to cannabis businesses in all aspects of their formation and ongoing operation. As general counsel, we are equipped to provide our clients legal guidance on how to form and maintain proper medical cannabis business entities in compliance with state and local law and relevant guidelines, and plan for adult-use licenses; obtain licensure and permitting; stay current and compliant with state law and local ordinances; identify, assess, and manage risks; and maneuver expertly through any dispute or controversy they may face.
Cannabis Licensing, Permitting and Regulatory Compliance
Our attorneys provide state and local permitting and licensing expertise for medical cannabis dispensaries, cultivators and manufacturers. By understanding the complexities of New Jersey’s licensure procedures, we are able to aggressively guide clients towards establishing cannabis businesses and maintaining positive relationships with state and local governments and regulators.
General Business and Corporate Counseling
At Shapiro Croland Reiser Apfel & Di Iorio, 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 are a full service firm providing counsel to 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.
Cannabis Business Litigation New Jersey
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.
Contact our lawyers to schedule an appointment to discuss your cannabis business venture or litigation matter.
2006 and/or 2013 legislation:
There are only 3 ATCs currently licensed for production and distribution, with an additional 3 in the ‘pending approval’ stage. Click here 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:
Firm Disclaimer: Please note that using, processing, distributing and/or selling marijuana is illegal under federal law, regardless of any state law. While federal enforcement policy may defer to states’ laws and chose not to enforce conflicting federal laws, businesses and individuals should be aware that compliance with state law does not assure compliance with federal law. Federal laws may be enforced in the future. No legal advice given by Shapiro Croland Reiser Apfel & Di Iorio, LLP is intended to provide any guidance or assistance in violating federal law.
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