The Cannabis Paradox: Clarifying the Confusing Legality of Delta-8, THC-O, THCV, and Synthetically Derived THC
New Jersey Law Blog » Cannabis Law
by Gene Markin
1y ago
Both marijuana and hemp belong to the genus plant cannabis sativa and are slightly different “breeds” of the same “species.” While both marijuana and hemp plants contain more than 100 cannabinoids (distinct chemicals found in the cannabis plant), the discerning difference between the two is that marijuana typically has abundant levels of the psychoactive compound delta-9 THC (delta-9-tetrahydrocannabinol), whereas hemp contains high amounts of CBD (cannabidiol). Prior to 2019, both marijuana and hemp were lumped together as “marihuana/marijuana” and classified as a federally prohibited Schedul ..read more
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Interstate Cannabis Commerce on the Horizon Thanks to California
New Jersey Law Blog » Cannabis Law
by Gene Markin
1y ago
Despite the proliferation of in-state cannabis businesses and commerce, the sale and transportation of marijuana between and among states, even states with legal cannabis frameworks, remains federally prohibited due to the classification of marijuana as a Schedule 1 drug under the Controlled Substances Act. This has led to some of the oversupply and price decrease challenges businesses have been grappling with in Oregon, California, and Colorado as well as has, in some ways, supported the illicit market as over-taxed and over-regulated licensed businesses struggle to turn a profit. Recognizing ..read more
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High Stakes: What to do Now That Your New Jersey Cannabis Business Application Has Been Approved by the CRC
New Jersey Law Blog » Cannabis Law
by Gene Markin
1y ago
If your conditional, conversion, microbusiness, or annual application has been approved by the Cannabis Regulatory Commission, congratulations! You have cleared the first major hurdle in obtaining a cannabis license in New Jersey.  As advisors and legal counsel to a handful of successful applicants who have obtained conditional and annual approvals in each available class of licenses, Stark & Stark is keenly aware of the challenges facing prospective operators and industry entrants. For those who received conditional approvals, you must now submit your conversion application, which wi ..read more
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Metes & Bounds: What Are the Typical Zoning Conditions and Restrictions Enacted by Municipalities Allowing Cannabis Operations in Their Towns?
New Jersey Law Blog » Cannabis Law
by Gene Markin
2y ago
As towns and municipalities scrambled to meet the August 22nd deadline to regulate or prohibit marijuana establishments within their borders, a few noticeable trends emerged. As expected, many townships, including Freehold, Morristown, Franklin Lakes, Cherry Hill, Asbury Park, Haddonfield, and Ocean City, prohibited any and all marijuana businesses and operations outright. Others such as Newark, Egg Harbor Township, Hackensack, Fort Lee, Saddle Brook, Cinnaminson, Mount Holly, Collingswood, Bridgeton, Bloomfield, Woodbury, Jersey City, Lambertville, New Brunswick, Red Bank, Rockaway, Rahway, E ..read more
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Growing Gold: Now that New Jersey Legalized Marijuana for Adult Use Here’s What You Need to Know About Winning A License
New Jersey Law Blog » Cannabis Law
by Gene Markin
3y ago
Home to nearly 9 million people, New Jersey is now the epicenter of the green rush hitting the East Coast. Investors, businesspeople, professionals, operators, pharmacists, doctors, and entrepreneurs have their sights set on what is predicted to be a billion-dollar adult use industry in the Garden State. Easily accessible to those living in New York City (8.4 million population) and those residing in Southeastern Pennsylvania (3+ million population), New Jersey stands ready to embrace the cannabis movement sweeping the nation. With limited licenses carrying unlimited potential for growth and p ..read more
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Administrative Challenge Continues to Delay Medical Marijuana License Awards in New Jersey, as Court Denies Request to Dissolve Stay
New Jersey Law Blog » Cannabis Law
by Gene Markin
3y ago
New Jersey medical marijuana, already a multi-million-dollar industry, is primed for explosive growth. But first, the New Jersey Department of Health (DOH) must expand available licenses to grow and distribute medical marijuana. In order to fairly distribute such licenses, the DOH employs a regimented application process, offering a limited number of licenses and creating a highly competitive environment. Unfortunately for medical patients and businesses alike, the latest license round has grinded to a halt after litigation over a technical glitch during the application submission process. 201 ..read more
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Tax Woes of the Cannabis Plant
New Jersey Law Blog » Cannabis Law
by Gene Markin
3y ago
The 16th Amendment to the U.S. Constitution provides that, “Congress shall have power to lay and collect taxes on incomes, from whatever source derived…”. According to § 162 of the Internal Revenue Code, businesses are generally allowed to deduct from their adjusted gross income the ordinary and necessary expenses they incur in carrying on their business. 26 U.S.C. § 162. One pesky provision in the Internal Revenue Code, § 280E, disallows these business expense deductions “if such trade or business (or the activities which comprise such trade or business) consists of trafficking ..read more
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RICO Liability for Marijuana Enterprises
New Jersey Law Blog » Cannabis Law
by Gene Markin
3y ago
Under, the Racketeer Influenced and Corrupt Organization Act (RICO), it is illegal “for any person through a pattern of racketeering activity… to acquire or maintain…any interest in or control of any enterprise which is engaged in, or the activities affect, interstate of foreign commerce”. Because marijuana remains illegal under the federal Controlled Substances Act, state-legal marijuana businesses, by definition, involve racketeering activity in violation of RICO. When the government employs RICO against a defendant, the prosecution must prove, under 18 U.S.C. § 1962, that a person: (i ..read more
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The Labeling Paradox: Navigating Between Hemp, Hemp Extract, and CBD Products
New Jersey Law Blog » Cannabis Law
by Gene Markin
3y ago
Even though the Food and Drug Administration (“FDA”) has come out against the sale of CBD-infused foods and dietary supplements, a cursory search for “CBD” on Amazon reveals a plethora of hemp extract and hemp oil products, including gummies, tinctures, creams, and capsules. Because of the FDA’s prohibition on the sale of CBD-infused foods and beverages and the recent shift in federal law to legalize hemp and hemp products, manufacturers and marketers alike have latched on to the buzzwords “hemp” and “hemp extract” to sell CBD products. But, from a consumer’s perspective, what is the differenc ..read more
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Employee’s Cost of Medical Marijuana to Treat Work Place Injury Reimbursable by Employer
New Jersey Law Blog » Cannabis Law
by Gene Markin
3y ago
In a case of first impression, the New Jersey Appellate Division held in January 2020 that an employee’s costs to use medical marijuana to treat chronic pain resulting from a work place injury is reimbursable by his employer. This case arose out of a construction accident in 2001. Vincent Hager was working on a construction site when a truck delivering concrete dumped its load on him. Following the accident, Hager immediately experienced lower back pain that radiated down both legs, which he described as a “shooting and stabbing pain.” Initially, Hager’s employer, M&K, denied Hager’s worke ..read more
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