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 ...
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. ...
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 ...
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 ...
The Canadian federal government legalized marijuana yesterday when the Cannabis Act was approved by the Senate in a 52-29 vote. The underlying basis for the legislation, which is set forth in an official press release when the law was first proposed makes perfect sense, and is something that every American anti-prohibition advocate can relate to: “The current approach to cannabis does not work. It has allowed criminals and organized crime to profit, while failing to keep cannabis out of the hands of Canadian youth.” While the Canadian legislation is significant for several ...
On June 18, 2018, the NJ Department of Health published for comment its anticipated amendments to the administrative rules for NJ’s medical marijuana program. Interested parties will have 60 days to submit comments on the proposed rules. Comments can be submitted electronically at: http://www.nj.gov/health/legal/ecomments.shtml,
According to a DOH press release, the new rules would make the following changes:
- Reducing the registration fee for qualifying patients and their caregivers from $200 to $100
- Adding seniors and military veterans to those eligible for the reduced ...
Until now, New Jersey’s strategy for marijuana legalization has been to address medical marijuana separately from recreational marijuana. Thus, as we have previously reported, Governor Murphy and the Department of Health have been working to rapidly expand the medical program, while the Legislature separately hashes out legislation on full legalization.
Now, a new approach has emerged. Senator Scutari, a legislative leader in the legalization movement, has introduced the “New Jersey Marijuana Legalization Act,” which will tackle both medical and recreational ...
Moody’s Investors Service, Inc., a leading credit ratings, research, and risk analysis company, confirmed today that legalized marijuana provides positive revenue for states and localities which have permitted retail sale of marijuana, even taking into account the cost of regulation. While the share of the general revenue provided by taxes and licensing fees is relatively small – 1.2 percent of the general revenue in Washington and 2 percent in California, for example – that is in line with Governor Phil Murphy’s projections, which have accounted for an additional $60 ...
It is well known that New Jersey’s medical marijuana program was significantly hindered by Governor Christie. Since taking office, Governor Murphy has sought to significantly expand the program by expanding the list of qualifying medical conditions, significantly cutting the registration fees for patients, and expanding the number of doctors who can prescribe medical marijuana. The State even launched a new program that allows patients and doctors to register with the medical marijuana program through their mobile devices.
Governor’s Murphy’s efforts have paid ...
There are many reasons why Governor Murphy has prioritized legalizing marijuana, but perhaps the most important reason is the social justice aspect. An article posted on NJ.com yesterday displayed statistics about marijuana arrests in each state that were gathered from 2016 data from the FBI’s Uniform Crime Reporting program. According to the article’s analysis of the FBI data, New Jersey ranked third in the nation in total marijuana arrests, and second in the nation in marijuana arrest rate (arrests per 100,000 people).[1] Census data, however, reveals the New Jersey ...
Alan Silber a member of Pashman Stein Walder Hayden's Cannabis Law Group was extensively quoted in the Asbury Park Press article, "NJ Marijuana Legalization: Lawyers Say Weed is Good for You."
“So, you have a substance which you’re saying is illegal, which is identical to a substance that is made in the human body to keep us healthy,’’ Silber said. “What’s wrong with that picture?’’
He added, “Medical benefits from the use of marijuana not known in 1971, …and impediments to its lawful use as a result of its Schedule 1 classification, are abundant and glaringly ...
Registration For The Twelfth National Clinical Conference On Cannabis Therapeutics
Pashman Stein Walder Hayden P.C. Attorneys Alan Silber, CJ Griffin and Ronny Jo Siegal are set to present on in Jersey City on May 10th at The Twelfth National Clinical Conference on Cannabis Therapeutics hosted by Patients Out of Time.
The Pre-Conference Policy Workshop: Medical Cannabis in the States of Confusion is scheduled for Thursday, May 10, immediately prior to the conference. Patients Out of Time will offer a policy seminar featuring experts in law, science, and policies. This workshop is ...
De-Scheduling could have significant impact on how marijuana is regulated in New Jersey
Pashman Stein Walder Hayden filed a Brief De-Scheduling Marijuana today in support of the de-scheduling marijuana, and is in direct response to New Jersey’s Division of Consumer Affairs solicitation for public comment on how marijuana is classified under state law and whether any change in its classification status is warranted.
To reevaluate whether the currently accepted uses for medical marijuana warrant a change in its classification as a “Schedule I” drug in New Jersey, a ...
The New Jersey Division of Consumer Affairs is holding two public comment sessions scheduled on April 19th and April 24th which will be part of the process to re-evaluate, particularly in light of recent changes to this State’s policies on medical marijuana, whether marijuana should remain as a Schedule I drug under the New Jersey Controlled Dangerous Substances Act (the “CDSA”), or be re-classified to Schedule IV (or lower). Marijuana is currently a Schedule I controlled substance, which according to the CDSA means that it “(1) has high potential for abuse; and (2) has no ...
While there are many social justice benefits to legalizing recreational cannabis, the economic benefits cannot be overlooked. Studies show that Washington and Oregon had 22,952 and 11,295 full-time cannabis jobs, respectively. This is obviously a huge benefit to any economy, as nationwide it is estimated that the cannabis industry worth $10 billion dollars a year. Estimates suggest that New Jersey’s cannabis industry could easily be worth $1 billion per a year, which will reap considerable tax benefits for the state.
NJ Advance Media recently sent a reporter to Oregon and ...
Members of the NJ legislature who have been opposed to marijuana legalization introduced proposed legislation that would decriminalize possession of small amounts of marijuana. The bill is proffered as a compromise piece of legislation intended to accomplish some of Governor Murphy’s objectives but avoids legalizing marijuana. Under the bill, a person caught with less than 10 grams of marijuana would face a fine of $100 for a first offense, and increasing fines for subsequent offenses. The goal of the bill is to reduce the number of people incarcerated and involved in the ...
A recent poll by Fairleigh Dickinson showed than 68 percent of New Jerseyans favor changing the State’s marijuana laws, but when those numbers are broken down only 42 percent favor full legalization while 26 percent favor mere decriminalization.
This is where public education is necessary. Those 26 percent of people who favor decriminalization probably feel that way because they do not like the racial disparities that exist in the criminal enforcement of marijuana or how too many people are sitting in prison for marijuana convictions. The mere decriminalization of marijuana ...
At the forefront of any argument against legalization of marijuana are concerns that legalization will lead to an increase in DWI’s and traffic accidents. New Jersey’s recent push to legalize recreational use of Marijuana has recently garnered similar arguments from New Jersey State Senator Joe Pennacio. Several studies set out to determine whether these concerns were warranted. One such study was conducted by the American Journal of Public Health (“AJPH”).
The AJPH researchers analyzed federal data on fatal car crashes from 2009 to 2015. The AJPH, “found no ...
New Jersey’s 56th Governor, Phil Murphy, has indicated his intent to sign into law sensible regulation of non-medical marijuana when it crosses his desk. It may only be a matter of time before New Jersey will join the trend toward legalizing the recreational use of marijuana for people 21 years of age and older. Therefore, it is important for New Jersey’s trust & estate and elder law attorneys to be conscious of the issues they may face in their practices if and when such legislation becomes law.
Issues to be considered by trust & estate and elder law attorneys include: the potential ...
Last week, U.S. Attorney General Jeff Sessions rescinded a 2013 federal policy concerning enforcement of Marijuana laws. That 2013 policy -- the so-called Cole Memo -- instructed U.S. Attorneys to prosecute marijuana offenses based on discretion and available resources and to focus its enforcement efforts on priorities that are particularly important to the federal government, such as keeping marijuana out of the hands of minors, drug cartels and inter-state trafficking. However, the Cole Memo told federal prosecutors to allow states (particularly those that had legalized ...
Sale of marijuana for recreational use may soon be legal in New Jersey. Governor Phil Murphy has signaled his support for sensible regulation of marijuana consistent with what many view to be the successful approach implemented in Colorado and Washington. Should legalization occur in New Jersey, it is conceivable that residents of neighboring states, such as New York, Pennsylvania, and Connecticut, will seek to obtain marijuana in New Jersey for enjoyment back in their home state.
In 2014, neighboring states Nevada and Oklahoma sought to sue Colorado for the allegedly increased ...
While many states have moved to legalize medical marijuana and several others have legalized even recreational marijuana, it remains illegal at the federal level. This was never much of a problem before, because the Obama Justice Department had issued a memorandum that essentially halted the prosecution of federal marijuana prosecutions in most instances. This week, however, Attorney General Jeff Sessions has rescinded that memorandum and suggested that the federal government may once again crack down on federal marijuana crimes.
You can read more about it here and we will ...
Now that Phil Murphy has been elected and declared marijuana legalization to be one of his top priorities for his first 100 days, NJ Advance Media lays out what it sees as the timeline for the legalization of marijuana in New Jersey: http://www.nj.com/politics/index.ssf/2017/11/could_recreational_marijuana_be_legal_in_365_days.html
