By Charles Toutant | February 27, 2024
"I think that upholding the supremacy of marijuana scheduling under the Controlled Substances Act is a weak argument," attorney Ryan Magee said. "And it gets weaker by the day."
New Jersey Law Journal | Commentary
By Michael F. Schaff and Seth Tipton | January 26, 2024
The primary reason that ethical issues arise when an attorney is representing a client in the cannabis industry stems from the fact that cannabis remains federally illegal.
New Jersey Law Journal | Commentary
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
New Jersey Law Journal | Commentary
By Michael F. Schaff and Jennie M. Miller | December 21, 2023
For this December issue of our cannabis law column, we asked Christopher Riggs, chief counsel of the NJ-CRC, to respond to some questions that would (i) provide insight into the operations of the NJ-CRC, (ii) highlight the key developments in 2023, (iii) provide some helpful pointers to attorneys practicing in the cannabis field, and (vi) provide a preview of what is to come in 2024.
New Jersey Law Journal | Commentary
By Michael F. Schaff and Jennie M. Miller | October 26, 2023
On Sept. 8, 2023 the New Jersey Cannabis Regulatory Commission (the CRC) introduced proposed guidelines to allow additional ingestible forms of cannabis products in the medical and recreational cannabis markets, including cannabis-infused beverages, baked goods, candies, gummies, butters, jams, jellies and chocolates.
By Colleen Murphy | September 26, 2023
"Not everybody in New Jersey has a stash of gold bars in their closet, ready to fund their projects," Brian M. McGovern, a partner at Archer & Greiner, said. "This is definitely going to open up the possibility of some investors who previously may have been unwilling to provide financing."
By Brian Lee | September 19, 2023
A plaintiff represented by Phillips Lytle takes aim at barriers to entry in the emerging marketplace.
By Colleen Murphy | August 9, 2023
Canon 5, which deals with outside employment and other outside activities for judiciary employees, states that to "avoid impropriety and/or conflict of interest or the appearance thereof, the following provisions shall apply to the holding of outside employment by judiciary employees."
New Jersey Law Journal | Commentary
By Timothy Profeta | August 9, 2023
While possessing cannabis for recreational use is permitted in New Jersey, the legal sale of cannabis is a bit more mottled. Despite the overwhelming support for the legalization of cannabis in New Jersey, only 164 of New Jersey's 564 municipalities opted in to allowing legal sales.
New Jersey Law Journal | Commentary
By Mike Mullen and Matthew G. Miller | August 2, 2023
Federal courts, when evaluating cases pertaining to businesses that operate within the cannabis industry, must grapple with what is known as the "illegality doctrine." This doctrine states that courts will not assist a party in recovering "fruits of a crime," and thus cannabis owners in violation of the Controlled Substances Act (CSA) may be denied redress in federal courts.
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