Cannabis Law

Scarinci Hollenbeck’s Cannabis Law practice group regularly provides content on the emerging legal cannabis industry in New Jersey and then innumerable potential opportunities for entrepreneurs and businesses. Our content provides insight on the unique complexities, including the conflict between Federal and state cannabis laws, the intricacies of cannabis laws passed by the individual states, and the rights and obligations of businesses that interface with legal cannabis industry members.

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.

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U.S. House of Representatives passes Cannabis Banking Reform Act

The U.S. House of Representatives recently passed the Secure and Fair Enforcement (SAFE) Banking Act… The U.S. House of Representatives passed the Secure and Fair Enforcement (SAFE) Banking Act on April 19, 2021, with broad bipartisan support. Democrats voted 215-0 in favor of the bill, while Republicans voted 106-101 in favor. While this is the […]

Author: Daniel T. McKillop

May 11, 2021

Ninth Circuit Denies Cannabis Company's 280E Tax Arguments

The Ninth Circuit Court of Appeals recently confirmed that because marijuana remains illegal under the federal Controlled Substances Act (CSA) cannabis businesses are prohibited from deducting business expenses pursuant to section 280E of the Internal Revenue Code... The Ninth Circuit Court of Appeals recently confirmed that because marijuana remains illegal under the federal Controlled Substances Act (CSA) […]

Author: Daniel T. McKillop

May 7, 2021

New Jersey Cannabis Attorney

New Jersey Employers Can Be Required to Pay for Employees’ Medical Cannabis

A New Jersey construction company must foot the bill for an injured employee’s medical cannabis under a recent decision by the New Jersey Supreme Court... A New Jersey construction company must foot the bill for an injured employee’s medical cannabis under a recent decision by the New Jersey Supreme Court. In Hager v. M&K Construction, […]

Author: Daniel T. McKillop

April 29, 2021

With the CRC Operational, When Will Recreational Cannabis Licenses Be Available in New Jersey?

The process of establishing New Jersey’s legal recreational cannabis market recently took a giant step forward... The process of establishing New Jersey’s legal recreational cannabis market recently took a giant step forward. After months of delays, the Cannabis Regulatory Commission (CRC) is now up and running, having held its first public meeting on April 12, […]

Author: Daniel T. McKillop

April 26, 2021

Understanding How New Jersey’s Recreational Cannabis Law Impacts Employers

When New Jersey legalized recreational cannabis in February, it dramatically altered the legal landscape governing cannabis use, including how employers can restrict recreational use by their employees... When New Jersey legalized recreational cannabis in February, it dramatically altered the legal landscape governing cannabis use, including how employers can restrict recreational use by their employees. The […]

Author: Daniel T. McKillop

March 30, 2021

New Jersey

Will New York Lawize Recreational Marijuana This Week?

New York is poised to join New Jersey in legalizing recreational cannabis... New York is poised to join New Jersey in legalizing recreational cannabis. On March 28, 2021, Gov. Andrew Cuomo announced that he has reached a deal with Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie to legalize adult-use cannabis. The compromise legislation, […]

Author: Daniel T. McKillop

March 29, 2021

Is It Easy to Become a NJ Cannabis Dispensary?

Following a recent Appellate Division decision, NJ can now resume the process to approve up to 24 additional licenses for new medical cannabis dispensaries… New Jersey’s process for approving new medical cannabis dispensaries (also known as alternative treatment centers or ATCs) has been on hold for more than a year. Following a recent Appellate Division […]

Author: Daniel T. McKillop

March 23, 2021

What’s Legal and Still Illegal Under New Jersey’s New Marijuana Laws?

Gov. Phil Murphy signed landmark cannabis legislation into law on February 23, 2021... Gov. Phil Murphy signed landmark cannabis legislation into law on February 23, 2021. In total, Gov. Murphy signed three bills. Assembly Bill 21, also known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act,” establishes the rules and regulations […]

Author: Daniel T. McKillop

February 25, 2021

New Jersey

Is It Time to Apply for a Recreational Cannabis License in New Jersey?

After years of debate and delay, recreational cannabis is finally legal in New Jersey... After years of debate and delay, recreational cannabis is finally legal in New Jersey. On February 22, 2021, Gov. Phil Murphy signed “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (“the Act”) into law, which legalizes and regulates […]

Author: Daniel T. McKillop

February 23, 2021

New Jersey

Change of Administration Delays CBD and Hemp Regulations

With the recent change of administration, the FDA’s long-awaited enforcement guidance on cannabidiol (CBD) is now on hold... The transition from President Donald Trump to President Joe Biden will result in significant policy changes, and the cannabis industry is already feeling the impact. The U.S. Food and Drug Administration’s (FDA) long-awaited enforcement guidance on cannabidiol […]

Author: Daniel T. McKillop

February 16, 2021

USDA Unveils Final Hemp Rule – Key Takeaways for the Cannabis Industry

The U.S. Department of Agriculture (USDA) published its Final Rule on Establishment of a Domestic Hemp Production Program On January 15, 2020, the U.S. Department of Agriculture (USDA) published its Final Rule on Establishment of a Domestic Hemp Production Program. According to the USDA, the Final Rule incorporates modifications to its Interim Final Rule based […]

Author: Daniel T. McKillop

January 26, 2021

Hemp

New York Publishes Comprehensive Hemp Regulations

The New York Department of Health (DOH) recently filed its much-anticipated proposed regulations to regulate cannabinoid hemp products... On October 28, 2020, the New York Department of Health (DOH) filed its much-anticipated proposed regulations to regulate cannabinoid hemp products. The newly-established Cannabinoid Hemp Program will license both cannabinoid hemp processors and retailers and set quality control standards that all cannabinoid hemp […]

Author: Daniel T. McKillop

December 7, 2020

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