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 ...

On July 15, 2019, the NJ Department of Health released the application forms required to be completed to apply for medical cannabis licenses pursuant to the request for applications released last month.  Forms are available from the DOH website here.

This RFA makes available up to 24 new medical cannabis license endorsements: 2 cultivation endorsements, 5 dispensary endorsements and 1 vertically integrated permit in each of the Northern and Central Regions of the state; and 1 cultivation endorsement, 5 dispensary endorsements and 1 vertically integrated permit in the Southern ...

Earlier this year, Governor Murphy promised patients that if the legislature did not act, he would act to expand NJ’s medical marijuana program.  On June 3, 2019, Governor Murphy’s administration did just that by issuing a request for applications for up to 108 new licenses.  The licenses will be distributed across the state, and unlike prior applications, there will be up to 24 cultivation licenses, up to 30 manufacturing licenses and up to 54 dispensary licenses available.  In the prior two RFAs, applicants were required to be vertically integrated, but not this time.

Permit ...

NJ.Com is
reporting that it has received confirmation that the next round of requests for
applications for medical marijuana licenses will be released by the Department
of Health on June 3.  Stay tuned for details…

The last time
the state issued an RFA, applicants were afforded only one month from the date
of the RFA to submit their applications.  Anyone interested in this round
should already be working on their applications.

Pashman Stein Walder Hayden is carefully monitoring developments in New Jersey and federally with respect to marijuana legislation and will be available to ...

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 ...

Yesterday the House Financial Services Committee voted 45-15 (with significant bi-partisan support) to advance the SAFE (Secure and Fair Enforcement) Banking Act for a vote before the full House of Representatives, which, if enacted, will enable banks and insurance companies to service state-legal cannabis businesses.

Versions of the
SAFE Act have been introduced since 2013, but this version has 152
co-sponsors.  Because cannabis is federally illegal, most financial
institutions have been reluctant to work with state licensed cannabis
businesses for fear of violating ...

As the NJ
legislature continues to debate the legalization of adult use marijuana, the NJ
Appellate Division has issued an important decision addressing a controversial
topic – the right of employers to discipline employees who use marijuana
outside of work.

In this case,
Wild vs. Carriage Funeral Holdings, a cancer patient, who had been prescribed
medical marijuana and who used the marijuana only after work hours and at home,
was terminated after his employer learned of his medical marijuana use and
inability, therefore, to pass an employer required drug test.  The
employee then ...

Pashman Stein Walder Hayden Attorney Sean Mack quoted in New Jersey State Bar Foundation legal newspaper for kids, “The Legal Eagle,” on marijuana legalization.

“The devil is always in the details. Unlike most states, the draft legislation really gets into the details instead of leaving it to the regulators to draft rules after marijuana is legalized,” says Sean Mack, a Hackensack attorney specializing in unfair business practices resolution who helped prepare New Jersey’s marijuana reform legislation.

“Unfortunately, that also is part of the reason passage of ...

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.  ...

Pashman Stein Walder Hayden P.C. attorney CJ Griffin has been included on the “250 Cannabis Law Experts” list published by the DataBird Research Journal. DataBird uses machine intelligence to identify leaders in various market segments. Cannabis Law Experts are selected by invitation only and the list is compiled to recognize 250 individuals “that are shaping this fast-growing space.” The entire list is available here.

CJ has earned a reputation in the State as one of the leading attorneys representing media companies, non-profit organizations, and citizens in Open ...

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