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On March 28, 2019, the Secure and Fair Enforcement (SAFE) Banking Act cleared a House Financial Services Committee vote 45 to 15, and is now expected to proceed to a full House vote before the end of April 2019. The Act provides federal protection for financial institutions that serve state-sanctioned cannabis and cannabis-ancillary businesses, and…

Legalization of recreational marijuana has proven more difficult for the new administration than expected.  A proposed bill, Senate Bill 2703 – and its companion, Assembly Bill 4497 – which would legalize the possession and personal use of small amounts of marijuana for people at least 21 years old was enthusiastically supported by Governor Phil Murphy…

The cannabis industry recently survived two lawsuits initiated by private citizens under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The cases took place in the District of Colorado and the District of Massachusetts, and both saw neighbors of legal cannabis businesses attempt to use RICO as a means of disrupting the cannabis industry.…

On June 7, 2018, Senators Cory Gardner (R-CO) and Elizabeth Warren (D-MA) introduced the Strengthening the Tenth Amendment Through Entrusting States Act (“the STATES Act” or “the Act”) in the Senate. That same day, Representatives Earl Blumenauer (D-OR) and David Joyce (R-OH) introduced a companion bill in the House of Representatives. Notably, the Act enjoys…

I recently authored a guest column for NJ Cannabis Insider titled, “What’s next for medical marijuana in N.J.” The article outlines several compliance-related takeaways for the thousands of individuals and businesses eager to enter what is expected to become a multi-billion industry in New Jersey – medical (and, ultimately, recreational) marijuana.

There are three key…

With legalization of recreational cannabis on the horizon for New Jersey, several local governments have responded by preemptively passing ordinances banning or discouraging recreational marijuana sales or cultivation in their jurisdictions, while others have opened their doors. Because New Jersey is a home-rule state, municipalities are free to permit or prohibit the sale, cultivation and/or…

The U.S. Small Business Administration (“SBA”) published a Policy Notice that went into effect April 3, 2018 clarifying that marijuana businesses, and even some companies that do not actually touch the plant but service those in the cannabis industry, cannot receive federally backed loans.  The SBA rules already preclude lending to businesses directly involved in…

Senator Cory Gardner, Republican of Colorado, has struck a deal with President Donald Trump to protect Colorado’s legal marijuana industry from federal criminal investigation and prosecution. In a statement issued on Friday, April 13, 2018, Sen. Gardner said, “I received a commitment from the President that the Department of Justice’s rescission of the Cole Memo…

According to a recent poll conducted by Stockton University, New Jersey residents are divided on the idea of legalizing marijuana for recreational use. Of the 728 adults who were interviewed, 49% said they would support the legalization of recreational marijuana in New Jersey, while 44% were opposed to the idea. About 5% of the respondents…

Governor Phil Murphy today announced a massive expansion of New Jersey’s medical marijuana program, also known as the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq. Effective immediately, doctors can now prescribe medical marijuana to patients suffering from five additional categories of debilitating conditions, namely anxiety, migraines, Tourette’s syndrome, chronic pain related…