In Hager v. M&K Construction, 462 N.J. Super. 146 (App. Div. 2020), the petitioner, Vincent Hager, suffered a work-related back injury. After treating his ailments with surgeries and prescription opiates for years, the efficacy of the drugs diminished, and the side effects of his opiate use became debilitating. Eventually, Hager was referred to a pain management specialist and was prescribed medical marijuana pursuant to New Jersey’s Compassionate Use Medical Marijuana Act (CUMMA). Thereafter, Hager filed a Worker’s Compensation claim against M&K.
At the ...
On February 26, Bell Works will host a the monthly How It Works series focusing on the ins and outs of CBD. Sean Mack, chair of the Cannabis and Hemp practice at Pashman Stein Walder Hayden will be a panelist at the monthly event.
The discussion will take place in the Lower Level of Bell Works and will be open to the public. Details are below:
How it Works: Get into the CBD spirit(s)
Chill with us after hours and learn all about CBD + spirits over some drinks in the Lower Level of Bell Works on Wednesday, February 26 from 5:30 p.m. - 7:00 p.m.
Speakers:
- Mayya Fleyshmakher, Founder of Light Heart Yoga ...
As medical marijuana use expands in New Jersey -- more than 66,000 patients are now registered -- our businesses and our courts will be forced to reconcile potentially inconsistent state and federal laws.
On January 13, 2020, the New Jersey Appellate Division issued an important decision in a case arising in the context of a worker’s compensation claimant seeking reimbursement for his use of medical marijuana.
The former employee had endured 18-years of chronic disabling pain from a workplace injury, despite multiple surgeries and years of taking opioids. He then began finding ...
Sean Mack quoted in the Law360 article, “Class Action 'Avalanche' Coming For CBD Industry.” The article explains that class actions have been popping up against CBD companies in federal courts. Attorneys are explaining that this is the beginning of consumer litigation against cannabis businesses.
"Someone files one, and then it's, 'Jump on the bandwagon,'" said Sean Mack, co-chair of Pashman Stein Walder Hayden PC's litigation practice.
Compared to marijuana products, which are only legal in certain states and cannot be transported across state lines, CBD claims are more ...
On October 29, 2019, the USDA released its long awaited interim rules for the hemp industry, following the passage of the 2018 Farm Bill last year that descheduled hemp under the Controlled Substances Act. These are interim rules and the USDA is accepting comments over the next few months.
The 160 pages of rules cover a variety of topics including testing of levels of delta-9 THC, licensing requirements, and establishing procedures for states to submit plans for the cultivation, processing and sale of hemp in their state.
Sean Mack attorney at Pashman Stein Walder Hayden quoted in superlawyers.com article, “What You Need to Apply for a Cannabis License in New Jersey.” The article explains the steps to apply for a cannabis license in New Jersey.
“That said, New Jersey is limiting the number of licenses it gives out, says Sean Mack, an attorney who advises businesses in the cannabis space. So if you’re considering seeking a license, you want to make sure you make the best possible case in your application. “
To read the full article, please click here.
On Wednesday, October 2, NJ Advance Media will host a seminar diving deeper into the issues and stories at the forefront of NJ.com's Cannabis Insider coverage. Attorney Sean Mack will be a speaker at the event.
Program: 2019 NJ Cannabis Insider Event Series
October 2, 2019- 10:30 AM – 4:30 PM
New Jersey Convention & Exposition Center
97 Sunfield Ave
Edison, NJ 08837
For more information on the event and how to register, click here.
On September 25, 2019, the House of Representatives overwhelmingly voted in favor of HR 1595, the SAFE Banking Act. Representatives voted 321 to 103 in favor of the bill, with broad support from both Democrats and Republicans.
If enacted into law, the SAFE Banking Act would allow financial institutions to provide customary banking services to the cannabis industry.
Under current federal law, because cannabis related activity is federally illegal, most financial institutions have not provided traditional banking services to the cannabis industry to avoid being complicit in ...
From: New Jersey Law Journal, click here to view the full article.
Your client calls and asks if she can fire (or not hire) an employee who tested positive for marijuana following the company’s routine drug test. Despite the growing popularity of cannabis stocks, you know that marijuana is still illegal under federal law, so you may assume the answer is: yes, an employer should be within its rights to fire an employee using an illegal drug in violation of the company’s zero tolerance, drug free workplace policy. However, a recent court decision and a change in New Jersey’s ...
On July 22, 2019, the FDA issued a warning letter to Curaleaf, Inc. relating to statements on its website relating to claims about its CBD products. The FDA warned that four of its products (CBD lotion, pain-relief patch, tincture and disposable vape pen) are unapproved new drugs and misbranded drugs.
Despite the growing popularity of CBD products, the FDA has issued previous warning letters and made clear that it will enforce the Federal Food, Drug & Cosmetics Act (FD&C), especially when merchants make claims about the health benefits of CBD.
The FDA issued this warning because ...
