Pashman Stein Walder Hayden P.C. Named New Jersey Law Journal’s Law Firm of the Year 2023*

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Overview

The legalization of marijuana in New Jersey and New York presents both unique opportunities and novel challenges. Businesses, entrepreneurs, investors, and individuals looking to enter the emerging marijuana industry need experienced legal counsel to assist them in navigating the complex regulatory and legal issues at the state level, while being mindful of federal level limitations. The Cannabis & Hemp Law practice group at Pashman Stein Walder Hayden has substantial experience navigating the wide spectrum of legal issues related to the marijuana and hemp industries. In addition to specific expertise related to these emerging industries, the group is able to leverage the abilities of other Pashman Stein Walder Hayden lawyers who specialize in ancillary practice areas related to these industries. Together, our multidisciplinary team provides clients with comprehensive full-service legal counsel on all cannabis-related business and legal issues.

Comprehensive Counsel for Cannabis Industry Clients 

Our clients include medical marijuana operators in New Jersey; adult-use operators from other states; businesses and entrepreneurs seeking to enter various sectors of the cannabis/CBD /hemp market in New Jersey and New York, including retailers, growers, cultivators, processors, and distributors; ancillary service providers; and employers and individuals impacted by the effect of cannabis use. In addition, we represent health care professionals, patients, medical practices, and other entities regarding compliance with New Jersey’s medical marijuana laws. 

Our attorneys have substantial experience assisting established operators in the cannabis industry, as well as guiding companies and entrepreneurs seeking to enter the industry through the licensing application process.

Our Cannabis & Hemp Law practice group provides counsel for every step of forming and operating a cannabis business or ancillary service provider, including: 

  • Corporate Formation and Financing
  • Licensing and Permitting for retailers, growers, cultivators, processors, and distributors
  • Regulatory Compliance
  • Commercial Real Estate, Land Use, and Zoning
  • Business Litigation
  • Products Liability
  • Labor & Employment
  • Intellectual Property
  • Insurance Recovery and Liability
  • Risk Management

There are numerous complexities related to medical and adult cannabis use that impact cannabis business stakeholders, including:

  • Selecting appropriate real estate locations
  • Municipal zoning and land use issues
  • Navigating various regulations related to obtaining cannabis or hemp licenses
  • Mitigating risk
  • Protecting intellectual property
  • Adapting to changing legalization laws and regulations 

The firm also has experience working with ancillary businesses within the cannabis industry that require legal guidance to ensure regulatory compliance on issues related to employment policies and product safety.

Our Team

The Cannabis and Hemp Law practice is led by chair Sean Mack.

Sean is a long-time advocate for legalization in New Jersey, who was named to the InsiderNJ “Insider 100 Cannabis Power” List in 2022, 2021 and 2019. Sean has extensive experience representing clients on a broad range of cannabis- and hemp-related issues, including the licensing application process, appeals of the 2018 and 2019 rounds of medical marijuana license applications, advertising, and protections under the Jake Honig Act.

Raymond Brown and Alan Silber are also key members of the practice group. They have also represented operators and applicants in the cannabis space and have decades of experience working on marijuana policy issues, as well as working with state government and municipal leaders. 

Our firm has been involved in New Jersey’s legalization process for years. Beginning in 2015, our team worked with New Jersey United for Marijuana Reform to draft an early version of the adult use legislation that was later introduced by Senator Scutari. As the ACLU-NJ launched NJ CAN 2020, our attorneys provided pro bono legal support, as well as advisory services regarding campaign reporting compliance. In addition, attorneys at the firm have been involved in the cannabis legalization movement by serving on the Board of Directors of NORML and the American Civil Liberties Union of New Jersey; the Board of Advisors of the Drug Policy Formation; the American Bar Association Drug Policy Committee; and the Drug Law Reform Committee of the National Association of Criminal Defense Lawyers.

Disclaimer: Please be advised that possessing, using, distributing, and/or selling marijuana is a federal crime, regardless of whether it is legal in any state. Your compliance with state law does not equate to compliance with federal law. No legal advice that we provide is intended to provide you with any guidance or assistance in violating federal law.

Our Team

Practice Chairs

Experience

Representative Matters

  • Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.
  • Pashman Stein Walder Hayden worked with New Jersey United for Marijuana Reform and ACLU-NJ in 2015 to draft the legislation that was introduced by Senator Scutari in 2017. Senator Scutari’s bill ultimately was passed into law in 2021.
  • Represented appellants in appeals of the 2018 and 2019 New Jersey requests for applications for licenses for medical cannabis alternative treatment centers.
  • Assisted twenty clients during 2022 to obtain conditional licenses for cultivation, manufacturing and adult use dispensaries in New Jersey.
  • Represented National Organization for the Reform of Marijuana Laws (NORML); Garden State–NORML (GS-NORML); Coalition For Medical Marijuana–NJ (CMM-NJ); and Doctors For Cannabis Regulation (DFCR) as amici before the NJ Supreme Court in Hager v. M&K Construction, arguing in favor of requiring workers compensation reimbursement for medical marijuana
  • Represention of clients in the acquisition or leasing of sites in connection with cannabis and hemp operations.
  • Successfully represented owner of a condo against charges from his condo association that his use of medical marijuana in his condo violated condo association rules.
  • Successfully obtained a temporary restraining order compelling a medical service provider to continue providing needed medical services, which had been denied solely because the patient obtained his medical cannabis card from the State of New Jersey.
  • State ex rel. Sajo v. Paulus, 688 P.2d 367 (Or. 1984) (concerning whether the state followed proper procedures when they did not place the Oregon Marijuana Initiative on the voting ballot)
  • Represented the American Trade Association for Cannabis and Hemp as amicus curiae in appeals in the Eighth Circuit Court of Appeals and the Fourth Circuit Court of Appeals in matters involving the constitutionality of state restrictions on the use of intoxicating hemp cannabinoids in products for human consumption.
  • Advising California-licensed cannabis testing lab with regard to changing testing regulations, and comments thereto, with a specific focus on THC potency and contaminants.
  • Represented a management company and investor in a contract dispute with a Massachusetts-licensed operator over reimbursement for services provided by the management company and the payment of fees owed to the management company.
  • Represented a coalition representing approximately 85% of the cannabis operators licensed in Pennsylvania, in engaging with the PA Department of Health on behalf of PCC in connection with DOH’s investigation into vape additives and ingredients, and its market-wide recall of thousands of vape pens; also authored an amicus brief on behalf of PCC and its members in litigation brought by a few operators against DOH to successfully stop the recall.
  • Represented a college in connection with the development of its’s bachelor program entitled “The Corporatization of Cannabis,” advising the college on the regulatory issues related to offering a degree in the business of cannabis, and how its students can participate in internships with cannabis operators, given the federally unlawful nature of cannabis.
  • Advised an industry-leading environmental consulting company with offices throughout the US and worldwide that services traditional industries in its expansion of offering environmental consulting services to US cannabis operators.
  • Advised an industry-leading packaging company that services traditional industries with annual global revenues exceeding $2 billion in its expansion of offering packaging materials to the cannabis industry.
  • Advised a healthcare data and analytics company in connection with its acquisition of a cannabis seed-to-sale tracking company that contracts to provide services to more than a dozen states and foreign governments, with a specific focus on the client’s listing on Nasdaq.
  • Cannabis regulatory counsel for a publicly traded global cannabis company in connection with its U.S. cannabis business interests, including regulatory matters pertaining to a $300 million acquisition of a hemp-derived CBD product manufacturer and the distribution of hemp-derived CBD topicals and vapors in all 50 U.S. states.
  • Cannabis regulatory counsel for a private credit asset management firm in connection with a $50 million secured financing to a premier producer of packaging and other ancillary products and services to the cannabis and hemp industries.
  • Cannabis regulatory counsel to a publicly traded manufacturer of industrial pump equipment supplied to the U.S. cannabis industry in connection with its supply contracts and compliance with state and federal cannabis regulations.
  • Cannabis regulatory counsel for a manufacturer of hemp-derived CBD products in connection with the distribution of its hemp-derived CBD topicals and vapors in convenience store chains in more than two-dozen U.S. states.
  • Cannabis regulatory counsel for French manufacturer of chromatography equipment supplied to the U.S. cannabis industry with respect to supply contracts and compliance with state and federal cannabis regulations.
  • Cannabis regulatory counsel for one of the largest internet medical ad networks in connection with advertising cannabis-related businesses using its health market online advertising services.
  • Represent the Defendants-THC and CBD vaping and infused product manufacturers-in the first ever federal trademark infringement action involving federal trademark rights to use the WOODSTOCK trademark on smoking-related products, including vapor. See Woodstock Ventures LC, et al. v. Woodstock Products Co. International, Inc., et al., SDNY 1:18-cv-01840-RWS.
  • Cannabis regulatory counsel for a Fortune 500 natural gas company in connection with its evaluation of supplying natural gas and related products and equipment to cannabis cultivators and processors.
  • Cannabis regulatory counsel for a venture capital fund in connection with its investments in California and Massachusetts cannabis operations and real estate holdings pertaining to cannabis operations.
  • Provide cannabis-related banking and regulatory advice concerning payment systems for cannabis dispensary operations.
  • Represent THC and CBD infused product manufacturer in documenting a bridge loan for $2,000,000 in operating capital.
  • Represent THC and CBD infused product manufacturer in connection with corporate restructuring, with a particular emphasis on intellectual property assets and taxation.
  • Cannabis regulatory counsel for a world-renowned neurosurgeon in connection with a clinical research program involving THC and CBD.
  • Represent a vertically integrated operator with licenses in MA, MD, and NH in various aspects of its business, including general corporate, capital raising, and intellectual property.
  • Cannabis regulatory counsel for a Canadian cannabis fund with subsidiary entities, employees and contractors in California.
  • Representing a Canadian company in connection with its 20-F Registration filed with the SEC.
  • Advising one of the world’s leading hospitals in connection with their research into the therapeutic benefits of THC and CBD.
  • Cannabis regulatory counsel to a cannabis-related venture capital fund in the creation of the fund and capital formation activities, as well as advising on portfolio companies in ancillary cannabis businesses.
  • Advising universities interested in conducting cannabis-related research on the wide range of pertinent regulatory issues.
  • Representing an applicant for permits to grow, process and dispense medical marijuana pursuant to the clinical registrant provisions of Pennsylvania’s Medical Marijuana Act in connection with their applications.

News & Insights

News

Events

Publications

Resources

For updates and analysis of the dynamics in the cannabis industry, visit our NJCannabis Blog 

Disclaimer: Please be advised that possessing, using, distributing and/or selling marijuana is a federal crime, regardless of whether it is legal in any state. Your compliance with state law does not equate to compliance with federal law. No legal advice that we provide is intended to provide you any guidance or assistance in violating federal law.

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