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Law New Jersey

New Jersey dispensaries ready to start selling adult-use marijuana​


By MJBizDaily Staff
November 1, 2021
Medical cannabis dispensaries in New Jersey have enough supply to start selling adult-use marijuana without disrupting access to MMJ patients, a state trade association says.
Dispensaries in the state “have been working non-stop and investing substantial time, money and resources into expanding their operations to prepare for recreational sales – hiring more staff, building more distribution centers, expanding cultivation sites,” the New Jersey Cannabis Trade Association said in a news release.
“They are ready to open for adult-use sales today.”
But that’s not the position held by New Jersey’s Cannabis Regulatory Commission, NJ.com reported.
In October, when New Jersey regulators awarded 14 new medical cannabis business licenses, the commission’s executive director, Jeff Brown, said the state’s cannabis supply isn’t keeping up with the increasing patient pool.
Key insights to inform decisions: MJBizFactbook
Say hello to marijuana business data, curated by the editors of MJBizDaily to help cannabis industry leaders make informed decisions.
  • U.S. marijuana industry financials
  • Licensing, funding and investment trends
  • State-by-state guide to regulations, taxes and opportunities
  • Insights for business and investment strategy
The number of patients buying medical cannabis has grown from 3,200 in 2017 to 5,300 currently.
The commission has a deadline of February 2022 to set a date for when adult-use sales might begin, but the panel has already missed other key deadlines.
 

New Jersey opens doors to wave of adult-use marijuana applicants​

By MJBizDaily Staff
December 16, 2021

New Jersey’s cannabis regulator says it’s tracking strong interest in new recreational marijuana license applications after opening up its online licensing platform this week.
The New Jersey Cannabis Regulatory Commission (CRC) started taking applications from recreational cannabis growers, manufacturers and testing labs at 9 a.m. ET Wednesday.
“Almost 500 individuals and entities established accounts” within four hours of the platform opening, the CRC said in a news release.
“By 1:00 p.m. the application platform was averaging 155 new users per hour.”
New Jersey Gov. Phil Murphy signed the state’s adult-use cannabis bill into law in February.
The state missed a September deadline to start accepting recreational marijuana business applications.
According to the law, adult-use cannabis sales are supposed to begin by mid-February.
Key insights to inform decisions: MJBizFactbook
Say hello to marijuana business data, curated by the editors of MJBizDaily to help cannabis industry leaders make informed decisions.
  • U.S. marijuana industry financials
  • Licensing, funding and investment trends
  • State-by-state guide to regulations, taxes and opportunities
  • Insights for business and investment strategy

The CRC will begin taking applications for adult-use retail licenses March 15, NJ.com reported.
Meanwhile, New Jersey approved new medical cannabis dispensary licenses earlier this month.
Applications for recreational cannabis businesses in New Jersey may be submitted here.
 
Last edited by a moderator:
"It won't just be 'grow what you want,'" Scutari said.
"People can't just throw seeds in a pot."

Yeah, god forbid people just do what they want without the approval of some fucking politicians. Fuck him.

NJ legal weed: Home grow is a no-go, but advocates push to change that


New Jersey is unlikely to allow its marijuana users or medical marijuana patients to grow their own cannabis plants at home, the new president of the state Senate said this month.
State Sen. Nick Scutari, D-Union, was the main proponent of New Jersey marijuana legalization in the state Senate and was elected by his colleagues as the body's president this year. But speaking to a virtual webinar of cannabis industry entrepreneurs and experts, he said he "did not see (home grow) happening right now," repeated a common refrain that allowing "home grow" would only contribute to the black market and hold back the legal industry from taking off.
"I'm not against marijuana being grown at home for medical purposes and maybe even just recreational purposes," Scutari said at the event, hosted by the New Jersey CannaBusiness Association, a trade group for the cannabis industry.
"But we've got to let this industry … it's not even off the ground yet."

What's the hold up?​

The push to legalize home grow has largely been led by patient advocates in the state's medical marijuana program, who argue that allowing a limited number of marijuana plants would help patients avoid the exorbitant costs charged by legal medical marijuana dispensaries — and keeps them from turning to the black market.

"This would be a tremendous help for patients," said Jo Anne Zito, who sits on the board for the Coalition for Medical Marijuana New Jersey, which has been the biggest group pushing for home grow.
"It doesn't seem like the sky has fallen in these other places.
"Yeah, some of it may get to the illicit market but I don't think it's anything that's hurting revenue or setting back legal sales."

"It's about us!"​




New Jersey, Illinois and Washington are the only states that specifically prohibit the cultivation of any cannabis plants without a license. But of the 19 states to legalize weed, New Jersey is the only one that still prohibits its medical marijuana patients from growing cannabis at home.
In the Garden State, growing one cannabis plant is still punishable by up to five years in prison and a $25,000 fine — just as it was before two-thirds of voters approved legal weed and Gov. Phil Murphy signed the enabling legislation into law last year.

"Not only is it an issue of personal freedom, but it serves as an important check on the commercial marijuana industry," said Erik Altieri, executive director of the National Organization for the Reform of Marijuana Laws, the country's oldest marijuana legalization advocacy group. "Allowing consumers the ability to grow their own marijuana helps to ensure the industry keeps its products of high quality and fairly priced."

Selling marijuana​

In states with home grow laws, some dispensary operators will gladly sell cannabis seeds or plant clones at their locations. At a Medicine Man dispensary in Denver, three seeds cost $48 while a clone costs just $24.
Law enforcement officials in legal weed states have also correlated home grow laws with illegal drug trafficking. But most illegal grows busted by police involve hundreds or thousands of plants — not the half-dozen or 12 most states allow.
For example, Colorado police officers confiscated 27,807 marijuana plants at 98 incidents of illegal cannabis grows in 2019, about 284 plants per incident. Since 2012, Colorado police confiscated about 248 plants per incident — a far cry from the six allowed per person (recreational or medical patient) under state law.
Police shouldn't blame cannabis hobbyists growing a dozen pot plants in their basement for the actions of full-fledged interstate drug traffickers, Altieri said.
"Any stories about grow houses getting busted in legal states are not proof of the law's failures. There are illicit grows in every single state in this country, but are proof under legalization it is possible to allow adults to grow their own and that enforcement against those falling outside that legal scope is working as intended," he said.
The three home grow bills introduced in the Legislature last year have already been reintroduced for the new legislative session. One sets a six-plant limit for recreational marijuana users and a 10-plant limit for patients, while another sets the six-plant maximum across the board.

None of the three bills received a hearing in the Legislature last session.
If and when New Jersey finally allows home grow, it will likely be tightly regulated, Scutari said.
Home growers would likely have to certify their plants with the state to ensure that the plants are for personal use and they don't "fall into the wrong hands, being sold or shipped out of state," he said.
"It won't just be 'grow what you want,'" Scutari said.
"People can't just throw seeds in a pot."
 
“Feb. 22 should be viewed as aspirational,”

Modern Political Dictionary...."aspirational" = we bullshitted you



N.J. legal weed sales unlikely to start in February; state may miss key deadline


While promising to open New Jersey’s legal cannabis consumer market, the state may not meet a self-imposed deadline originally set for late February.

Jeff Brown, the executive director of the state Cannabis Regulatory Commission, said a number of factors are still in the way before the doors can open, including lack of municipal buy-in.

“There’s still a lot to be done,” Brown told NJ Cannabis Insider ahead of today’s CRC meeting, scheduled to start at 1 p.m. “Feb. 22 is not a concrete date to open. There is no firm commitment on timing of when recreational sales will begin.”

State legislation, S-21, directed the CRC to begin allowing sales on that date — six months after rules and regulations were established by the commission.

However, there are few, if any ways of enforcing the deadline, according to one legal expert. Executives at the New Jersey Cannabis Trade Association, which represents current licensed cannabis growers and sellers, have for months been putting pressure on the the state to open the market with assurances that there is enough weed for medical patients and general consumers.

“We’re going to keep pushing to move as fast as we can” to open, said Brown in the same phone interview. “That requires approval and industry readiness, and the readiness is uneven.

“One of the biggest deficiencies we’re seeing is a lack of municipal approval,” said Brown. “That’s an issue, and supply continues to be issue. It’s the priority of the CRC to get recreational sales started as soon as we can, but we have to do it in a way that’s compliant with the law. We need the industry to get there.”

Executives from Verano and Curaleaf, both members of the New Jersey Cannabis Trade Association, shared their concerns over the uncertainty.

“The regulations have not been finalized, and we haven’t heard back on our application,” said Patrik Jonsson, regional president of the northeast for Curaleaf, one of a dozen medical cannabis companies in the state that have applied for licenses to expand their medical facilities.

Curaleaf, the largest operator in the state, has two cultivation facilities in Bellmawr and Winslow. It also has three retail sites intended for both medical and adult-use cannabis in Bellmawr, Bordentown and Edgewater Park.

“Give us 48 hours, and we can pretty much do whatever the state wants, and we’ll open,” said Jonsson. “We have product, the people and the facilities. There are a few minor things we need clarified around the product. But we are very much ready for turning it on as soon as the state lets us.

“We just don’t know what we have to do to bring it over the finish line,” Jonsson said. “That’s all on the state at this point.”

New Jersey Senate President Nicholas Scutari, D-Union, who was prime sponsor of both S-21 and the measure to legalize medical marijuana in 2009, said on Thursday that he was “disappointed” the CRC likely would not meet the February deadline. Though he declined to elaborate, Scutari has been vocal in wanting the recreational cannabis market to open up as soon as possible.

“I wish the CRC would move faster,” Scutari was quoted on Jan. 7, when he appeared via Zoom before the New Jersey CannaBusiness Association as a luncheon speaker. “But I know it’s a complicated process.”

Attorney Charles Gormally of Brach Eichler in Roseland said under the statute, there is no way to enforce the February deadline and there is no penalty for not meeting it.

“Feb. 22 should be viewed as aspirational,” said Gormally. “There is surely no way to meet this deadline in connection with those who have recently applied for a license to grow, manufacture or test adult-use cannabis.

“That process which commenced on Dec. 15 will likely take some additional months to result in licensure of those facilities,” Gormally said. “Thereafter a harvest cycle needs to occur which puts new licensees at least six months away from producing adult-use cannabis
 

New Jersey Governor Says Adult-Use Marijuana Sales Will Start ‘Within Weeks’


The governor of New Jersey says recreational marijuana sales will start “within weeks,” with certain existing medical cannabis dispensaries set to be licensed for adult-use commerce. He also reiterated that he’s “open-minded” to allowing a home grow option for consumers in the future.

Gov. Phil Murphy (D) has been under pressure to get the market online since voters approved a legalization referendum in 2020 and lawmakers passed implementation legislation that he signed into law last year. In an interview with WGBO that was published Thursday, he said the market will open imminently.

“If I had to predict—I’ve said this before, but I mean this literally in this case—I think we’re within weeks,” Murphy said. “I would hope in March that you’re going to see explicit movement on the medical dispensaries, some number of them being able to sell recreational.”

For a dispensary to get that authorization, it will need “local approvals” and “they’ve got to prove that they’ve got the supply for their medical customers first and foremost,” the governor said. “And then I hope shortly thereafter, the standalone retail adult-use cannabis operations” will move forward.

Murphy emphasized that equity in the industry is “incredibly important to us.” And ensuring that equity is centered has made this “more complicated to get off the ground, but I think it will have been worth it assuming we get this right.”

There’s been tension between certain advocates, stakeholders and the administration over the protracted timeline to get licenses issued, and some have raised concern that communities most impacted by cannabis criminalization are going to be left behind.

New Jersey Cannabis Regulatory Commission (CRC) Chair Dianna Houenou recently said that if the state were to open standalone adult-use shops right now, the industry would be “dominated” by large, multi-state operators.

“We need to make sure we’re ready to open to the public, because if we don’t do that and we rush into opening the market, there’s a substantial risk that patients will lose access, there will be long lines and wait times and that could lead to an immediate supply crisis,” she said.

In the interim period that Murphy described, it seems likely that there will be a lack of diversity in the market given that regulators have been unable to say whether there’s more than one black-owned dispensary out of the 44 that are licensed in the state.

Also during the interview with WGBO, Murphy was asked by a caller about whether he would be willing to allow adult consumers to grow their own cannabis—a policy that wasn’t included in the implementation legislation that he signed last year, much to the frustration of advocates.

“I’ve never been ‘heck no’ against that,” the governor said. “That’s something that I haven’t spoken to the legislative leadership about, but that’s something I’d be open minded to.”

The host asked Murphy if he could think of any arguments against permitting home cultivation and he wasn’t able to produce one but said “I’m sure there is” one. When it comes to enacting a policy change to allow home grow, he said that he’s “virtually certain” it would need to be handled legislatively, rather than approved administratively through the state’s regulatory body.

The governor similarly talked about being open to home grow late last year.

He’s also touted the fact that the courts have expunged more than 362,000 marijuana cases since July 1, when a decriminalization law took effect that mandated the relief for people who have been caught up in prohibition enforcement.
 
Strangely enough, NJ's flailing around and incompetence makes me feel better about my state's flailing around and incompetence. haha

When will New Jersey's marijuana sales begin? What's next after yet another delay?


It seems that New Jerseyans will have to wait a bit longer to purchase recreational cannabis, as the state regulator for the nascent industry rejected the applications from eight medical cannabis operators - dubbed Alternative Treatment Centers and all owned by MSOs - to launch adult-use sales. (Benzinga)

Curaleaf Holdings' founder and chairman Boris Jordan was one of many disappointed cannabis entrepreneurs who did not take the news well.

"Frustrating day in NJ – once again, the goal posts have been moved & the will of the people and the Governor is being ignored! We will continue to fight for what the NJ voters decided they want – a safe & regulated adult-use cannabis marketplace," Jordan, who will be delivering a keynote at the Benzinga Cannabis Capital Conference, said in a recent Tweet.

The New Jersey Cannabis Regulatory Commission took the decision on the grounds that, in the aggregate, cannabis operator in the state doesn't have enough capacity to serve the current medical market.
Following its midday meeting, the state regulator called a special meeting for April 11, where the issue will be revisited.

Recreational Sales To Launch By Mid-May​

Cantor Fitzgerald's Pablo Zuanic said that recreation sales might begin in the Garden State by mid-May despite this setback.

"In practical terms, the CRC only has two weeks to check operators' capacity and ability to supply the med market," the analyst said in his latest note.

"Because of probably significant political pressure and lobbying, we are of the opinion some incumbents (not all) will get the green light on 4/11."

CRC Executive Director Jeff Brown explained that "our goal is to work with the industry and the industry to work with us so at the very next CRC meeting we have a cohort of ATCs that are turnkey to launch this market here, simply pending a vote by this commission," reported NJ Advance Media.

"If for any that are still not there, hopefully (they'll be) ready for conditional approval pending certain timelines and regulatory milestones that we can work to get done."

Still, Zuanic questions the "motivations/intentions of the CRC and constant delays."

Without having all the facts, it would seem the CRC may want to delay the rec head start for med incumbents in order to narrow the gap with new social equity applicants starting operations," he added.

Either way, New Jersey is still on track to beat Massachusetts in terms of launching the marijuana recreational market after voters approved it via the ballot box in November 2020, the analyst noted.
 

‘Today is absolutely historic’: legal marijuana sales roll out in New Jersey

Voters first approved of legalizing cannabis in the state in 2020 and on 21 April, it became one of the first on the US east coast to start recreational sales

1650729169686.png


For customers at the Apothecarium dispensary, one of 13 medicinal marijuana stores in New Jersey, 4/20, the unofficial celebration of all things marijuana, came a day late.

On Thursday, 21 April, recreational use of cannabis was legalized throughout New Jersey, allowing anyone 21 or older to legally purchase marijuana.
https://www.theguardian.com/us-news/2022/apr/19/cannabis-weed-legalization-new-york-gray-market
At Apothecarium, tucked between a smoothie bar and a cafe in Maplewood, hundreds arrived to buy weed legally for the very first time in New Jersey, just a hop and a skip – or a bridge or tunnel – away from New York City.

Arriving in groups or solo, young and old came to celebrate what many described as a long-awaited step in making marijuana more accessible.

“Today is absolutely historic,” said 41-year-old Jason Sommers, an Apothecarium employee who worked as security for the dispensary’s first day serving recreational customers.

“Those who indulge in cannabis have been waiting for this day for a very long time and now that it’s here. It’s beautiful,” Sommers added, wearing a plain black T-shirt and excitedly greeting customers as they first arrived.

Maplewood police stood in front of the dispensary, helping to direct traffic and point out parking for eager buyers. Under sunny skies, customers were greeted by uniformed dispensary employees giving out tote bags, lighters, free T-shirts and other goodies.

“[This is] probably one of the most exciting days for all of our staff and all of our customers,” said Chantelle Elsner, senior vice-president of retail at TerrAscend, the company that owns Apothecarium, trying to speak over the noise of customers enthusiastically entering the dispensary for the first time.

After checking in online, those waiting to buy could either amble around to businesses in the area or wait in a tented parking lot across from the dispensary.

Once inside, the dispensary was sectioned off for recreational buyers versus Apothecarium’s typical medicinal patients.

Some walked around, checking out glass display cases featuring strains of “grease monkey”, a hybrid blend, “strawnana”, a relaxing indica bud, and other cannabis products.

Cannabis oil, pre-rolled joints, and bud were available to Apothecarium’s first recreational use customers, with edible availability coming soon.

“It’s like going to a candy store for the first time. You look around and you see,” said student Princeton Goode, 36, who waited in the parking lot with his girlfriend and friend.

William Walker, 67, and his wife Debra came from the area to buy recreationally hoping that cannabis could address some of their chronic pain, specifically in Walker’s knees and eyes.

“If it ease some of it, it’s good. If it doesn’t, at least I tried,” said Walker as his wife nodded.

Walker, who’s happy about New Jersey’s legalization, joked that the only downside was a possible increase in robberies “beyond the fact that kids may rob you if they think that you have some”.

Novices and weed enthusiasts alike shared mutual excitement at the new law, the product of a decade-long fight by New Jersey cannabis advocates to catch up with many other US states and end its criminalization.

New Jersey voters first approved of legalizing cannabis in a referendum in 2020. A year later, state legislators, under the Democratic governor, Phil Murphy, legalized recreational use and purchase of it, processing dispensary applications and crafting regulations for the budding industry.

At least 18 other states and Washington DC have now legalized recreational marijuana, with 37 states in total allowing marijuana to be bought for medicinal purposes.

Many fewer are on the east coast and New Jersey is among the first to start recreational sales. New York, where recreational cannabis was legalized last year, still has not launched a licensed recreational market.

“So many people have been ostracized for using cannabis throughout the country, but it’s finally amazing to see New Jersey do something legal about it,” said self-described “chill guy” Julio Morales-Carrera, 28.

Sales from cannabis also infuse state coffers with extra revenue, via taxes on sales. Murphy in 2019 projected recreational cannabis sales would add $60m in state revenue.

New Jersey officials say that taxes from marijuana sales will be allocated to Black and brown communities that have been disproportionately impacted by decades of marijuana criminalization.

“If they use the money correctly, that could help with anything the state needs, the municipality needs,” said 29-year-old customer and self-proclaimed weed enthusiast Roberto Severini.

For many, especially Black cannabis users, a major benefit from now being able to buy from a dispensary is the ability to not face persecution or stigma for buying cannabis, as Black people are four times as likely to be arrested under marijuana possession laws as white people.

“It’s a huge difference coming out and being able to walk in a store and not feel like you’re doing something wrong. That’s like the biggest thing for me,” said 40-year-old Chris, a sales professional, who preferred not to have his last name disclosed.

Kinley Louis, a New Jersey resident, who was waiting with his co-worker and chatting with other keen cannabis buyers, agreed about feeling less anxious while buying at the dispensary.

“You don’t got to worry about being persecuted for flowers any more and on top of that, you don’t have to worry about going to ‘sketch places’ trying to buy it,” Louis said, referring to cannabis buds.

Even with the increased cost of marijuana in a dispensary compared with buying off the street, most noted that it was worth it given better quality, ease of access, and knowing exactly what they were getting.

“Maybe the price is a little bit different, but the quality is probably way better too, said 26-year-old Jessica Jones, who added: “It’s a different experience and smoother.”

Jonathan Ortiz, a cancer survivor, said he would apply to work at the dispensary.

“[It’s about] knowing all the products, what’s inside the products, the option of different products, and the safety of it all. At least you know who to come to if something goes wrong,” he said.

By mid-afternoon, while the early morning waves of buyers had shrunk, people’s enthusiasm was palpable. Those waiting in line for their chance to purchase bonded with people who had successfully gotten their goods.

A man in a red hoodie danced alone to Silk Sonic’s Smokin Out the Window in the dispensary’s parking lot before joining his friends as they waited for a text confirming they could enter the dispensary.

Bursts of laughter and cheers filled the air, with those driving by the dispensary line asking for parking information so they too could purchase.

“It’s a beautiful thing. It’s real beautiful,” said Goode.
 

Meanwhile, these same politicians are perfectly fine with cops drinking themselves into a stupor and going out on patrol with a raging hangover. And given that alcohol is a depressant, it often contributes to the high rate of police suicides. IMO, these jerkoffs don't have a leg to stand on.


And I have no idea why the text looks like this and I can't seem to correct it....

New Jersey Attorney General’s Memo On Marijuana Use By Police Sparks Pushback As Legal Sales Launch

https://www.marijuanamoment.net/new...olice-sparks-pushback-as-legal-sales-launch/#

Marijuana sales for adults launched in New Jersey on Thursday to great fanfare—but a recent memo from the state attorney general clarifying that police can’t be punished for off-duty cannabis use is prompting some pushback. Regardless of the fallout, the state’s top prosecutor is standing by his office’s position, even in light of moves to defy the state policy by local officials.​

Ahead of the start of retail sales, Acting Attorney General Matthew Platkin (D) put out a memo last week clarifying that state law prohibits law enforcement agencies from taking adverse actions against police who use marijuana in compliance with state law off the clock.​

Reports on that policy clarification ruffled some feathers, with Assembly Speaker Craig Coughlin (D) saying he expects to see legislation filed in his chamber to address the issue.​

And the chair of the Senate Budget Committee said he wants to “modify the law to match all the other states that have zero tolerance for use of off duty cannabis by police.”​

Even Gov. Phil Murphy (D), a pro-legalization official who celebrated the launch of adult-use sales on Thursday, signaled that he’s “open-minded” about a potential policy change targeting off-duty cannabis use by law enforcement.​

But while off-duty marijuana use by police might be seen as problem by some officials, Senate President Nick Scutari (D) said recently that he’s opposed to explicitly banning law enforcement from using cannabis when they’re not working.​

Several GOP senators who sent a letter to the state’s top prosecutor expressing concerns about the law enforcement marijuana exemption cited federal policy as a reason the state should continue to prohibit cops from consuming cannabis.​

The attorney general’s memo “fails to mention that marijuana users are federally prohibited from purchasing or possessing firearms, an omission that may put officers unknowingly at risk of criminal prosecution,” they wrote.​

But what seems to be getting lost in the discussion is that the federal law that generally bans consumers of cannabis and other illegal drugs from accessing firearms also contains an exemption that would seem to apply to police.​

Civilians are required to fill out a federal background check before they purchase a gun, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has made clear that checking “yes” on a question about marijuana use renders a person ineligible for the sale. The penalty for lying is up to five years of incarceration.​

But a different standard applies when firearms are distributed by government agencies.​

Here’s the existing federal policy for people seeking to purchase or possess firearms with respect to marijuana:

“It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person…is an unlawful user of or addicted to any controlled substance…”​

“It shall be unlawful for any person…who is an unlawful user of or addicted to any controlled substance…to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”​

And here’s the relevant exception that could apply to law enforcement:

“The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.”​

In a related development, Florida’s agriculture commissioner on Wednesday filed a lawsuit against the Biden administration over the application of the gun ban on medical cannabis patients, arguing that the federal government is unconstitutionally depriving them of their Second Amendment right to purchase and possess firearms.​

In New Jersey, media reporting on the police exception for firearms and marijuana use has stirred the pot, with local officials across the state pushing back against the notion that their cops should be able to get high on their own time.​

Jersey City’s mayor, for example, touted a local directive from a city agency banning such use.​

The mayor of Bayonne followed suit with its own statement opposing off-duty marijuana use by police.​

And the mayors of Kearny and Weehawken also announced they will be moving to institute bans.​

The Newark City Council passed a resolution on Wednesday urging the mayor to issue an order prohibiting police from using marijuana while off duty, contrary to state law.​

Platkin, the acting attorney general, said in a statement to Marijuana Moment that “public safety is my top priority, and I share concerns about how legal cannabis impacts the role of police in our State” but suggested that cities moving to ban officers from exercising their legal right to consume marijuana could face legal action.​

“As I explained in my memo to law enforcement chief executives last week, New Jersey’s law legalizing and regulating cannabis is clear and we are obligated to comply. I welcome conversations on how best to protect public safety,” he said. “Any efforts by local governments to subject officers to additional requirements in the interim, however, may present employment law issues that we anticipate will be handled between those governments and officers in the appropriate course.”​

In the meantime, the New Jersey State Association of Chiefs of Police is asking lawmakers to pass a ban on police and other people in safety-sensitive jobs from using marijuana, even while off duty. And the New Jersey State Policemen’s Benevolent Association is also urging members to refrain from using cannabis.​

Concerns about off-duty marijuana use by police notwithstanding, Scutari and Coughlin attended an event with the governor on Thursday celebrating the launch of the state’s adult-use market.​

Scutari said he was “thrilled” to participate in “today’s momentous and historic” launch. He previously said that delays in the rollout of legalization were unacceptable, and he announced he’d be forming a special legislative committee to explore the issue through oversight hearings.​

The Senate president also told reporters that he will “probably” buy recreational marijuana “at some point.”​

“Not today,” he said. “I’m not gonna wait in line.”​

CRC was initially expected to approve a first round of adult-use retail licenses for certain existing dispensaries last month, but they temporarily decided against it. The commission separately gave conditional approval to 68 marijuana cultivators and manufacturers last month.​

“We expect 13 locations for the entire state will make for extremely busy stores,” CRC Executive Director Jeff Brown said in a press release. “The dispensaries have assured us that they are ready to meet the demand without disrupting patient access, and with minimal impact on the surrounding communities, but patience will be key to a good opening day.”​

“We encourage everyone to be safe—buy only from licensed dispensaries and start low and go slow. Remember that the laws against impaired driving apply to being high,” he said. “Our guests from neighboring states should remember it is illegal to transport cannabis across state lines.”​

There’s been a mix of feelings about the timeline for legalization implementation among stakeholders. As regulators have worked to approve the first round of licenses, some advocates have pushed for expediency while others said that they felt it was important not to rush the process to ensure that the industry that emerges is equitable and not dominated by large corporations.​

The governor previously stressed that “equity is a huge part of our proposition here, and I know that may take longer than folks otherwise would like.” He’s also talked about being open-minded to permitting adults to grow their own marijuana for personal use down the line, but that it would take action by the legislature. Murphy similarly talked about being open to home grow late last year.​

CRC Chair Dianna Houenou said earlier this month that regulators remain “committed to social equity.”​

“We promised to build this market on the pillars of social equity and safety,” she said. “Ultimately, we hope to see businesses and a workforce that reflect the diversity of the state, and local communities that are positively impacted by this new and growing industry.”​

Separately, U.S. Rep. Donald Payne (D-NJ) recently criticized New Jersey regulators about diversity issues in the marijuana market, saying he’s “outraged” over the lack of minority representation in the industry.​

With respect to equity for the market, Murphy also recently touted the fact that the courts have expunged more than 362,000 marijuana cases since July 1, when a decriminalization law took effect that mandated the relief for people who have been caught up in prohibition enforcement.​

Last month, CRC also held a series of public meetings where it received feedback on how best to allocate marijuana tax revenue after the recreational market opens.​


 
More Than 12,000 Show for New Jersey First Day of Legal Weed Sales
More than 12,000 customers turned out last Thursday when New Jersey kicked off recreational cannabis sales for the first time, the state reported this week.

The figures come via the state’s Cannabis Regulatory Commission, which said that 12,438 customers turned out for the grand opening, generating a total of nearly $1.9 million in adult-use cannabis sales.

“We expected sales to be substantial and the data shows that the market is effectively serving both adult-use consumers and patients,” Jeff Brown, executive director of the New Jersey Cannabis Regulatory Commission, said in a statement. “We continue to monitor inventory and access for patients and are prepared to take enforcement action against any [medical cannabis dispensary] that does not meet the requirements for patient access and supply.”

The Cannabis Regulatory Commission said that although “lines have been steady at all the dispensaries, there has not been any substantiated reports of supply problems for medicinal cannabis patients,” and that it “continues to monitor and respond to complaints to ensure patients have adequate supply and access.”

In addition, the commission, which “establishes and enforces the rules and regulations governing the licensing, cultivation, testing, selling, and purchasing of cannabis in the state,” said that sales of “medicinal cannabis products have also been strong over the last 30 days with approximately 64,000 ounces of products dispensed to patients and their caregivers.”

Only a dozen dispensaries were cleared to begin sales at the opening—which fell the day after 420—after the state repeatedly missed deadlines and pushed back the launch.

The Cannabis Regulatory Commission earlier this month signed off on the dispensaries that would be eligible to sell recreational cannabis on opening day. All of those first adult-use dispensaries were existing medical cannabis businesses.

The New York Times reported then that “each of the cannabis companies had demonstrated that they had enough supply for both medical and recreational customers,” and that if “they fall short of that requirement, they risk daily fines of up to $10,000.”

Moreover, The Times reported that the approved cannabis businesses “also had to show that they had a strategy for ensuring that patients are not edged out by the expected flood of new customers during the early days of legal sales in the densely populated region.”

According to the Cannabis Regulatory Commission, there have been no supply shortages after the first week of adult-use sales.

The commission said last week on the first day of sales that while “lines were long in some locations,” it only had to “investigate only a few minor complaints,” and that no “significant patient access issues or supply shortages have been reported.”

“We encourage everyone to be safe by buying only from licensed dispensaries and by starting low and going slow—especially those who are new to cannabis or who haven’t consumed cannabis in a long time,” Brown saidin a statement at the time. “Also, remember that the laws against impaired driving apply to being high. Our guests from neighboring states should remember it is illegal to transport cannabis across state lines.”

It has not been all smooth sailing for New Jersey’s new cannabis program, however. Sales were initially supposed to launch in February, but that deadline came and went.

At that time, New Jersey Governor Phil Murphy, a Democrat, said that he believed sales were close.

“If I had to predict, we are within weeks—I would hope in March—you would see implicit movement on the medical dispensaries, some of them being able to sell recreational,” Murphy said. “They’ve got to prove they’ve got the supply for their medical customers. I hope shortly thereafter, the standalone recreational marijuana operators.”

But after March passed with no launch, Nick Scutari, the president of the New Jersey State Senate, said he wanted some answers.

Calling the delays “totally unacceptable,” Scutari said he intends to spearhead a special committee to investigate the state’s troubled cannabis launch.
 
"Workplace Impairment Recognition Experts, or WIREs, who are tasked with physically examining whether someone is high on cannabis in the workplace."
"WIREs are required to confirm if an employee is high at the moment."

Ah...how? Divining Rod? Toss the bones? Oh, see if the persons eyes are red despite many people having different shades to their sclera. Or maybe make them sing the Alphabet Song backwards while standing on one foot. LOL


New Jersey lawmakers question top CRC official about cannabis prices, regulations

Both Democrats and Republicans repeatedly asked about regulations for setting up Workplace Impairment Recognition Experts.​

Lawmakers on Thursday questioned the top staffer of New Jersey’s Cannabis Regulatory Commission about pricing, workplace impairment tests and more during a highly-anticipated legislative hearing into the state’s nascent recreational market.

Jeff Brown, the CRC’s executive director, testified for nearly two hours before the Senate Judiciary Committee and Senate President Nick Scutari — the chief architect of legal cannabis efforts in the state. While Brown was joined by other top members of his staff, CRC commissioners were absent from the hearing. Chair Dianna Houenou had planned to attend but was “under the weather,” Brown said.

Lawmakers — both Democrats and Republicans — repeatedly asked Brown about regulations for setting up Workplace Impairment Recognition Experts, or WIREs, who are tasked with physically examining whether someone is high on cannabis in the workplace. New Jersey’s cannabis legalization law bars employers from taking disciplinary action against workers based solely on a positive test since the drug can be detected weeks after initial use. WIREs are required to confirm if an employee is high at the moment.

The CRC, which is tasked with creating regulations for the experts, has not done so yet.

“I would only ask you that the word expeditious come across in capital letters and you get this thing done like ASAP,” Sen. Fred Madden (D-Gloucester) said.
“Get something out to us so that we can start providing the people some direction. It is extremely, extremely critical.”

Brown, who was asked multiple times about a timeline for WIREs, did not say when regulations would be established. The CRC, he said, was “actively working on” the matter, speaking with business stakeholders and looking at how law enforcement has undergone its cannabis sobriety tests with Drug Recognition Experts, who would theoretically have similar methods of checking for cannabis intoxication.

Left unmentioned by both lawmakers and Brown is the fact that a case is pending before the state Supreme Court involving the validity of DREs. The outcome of that case could hold sway over how WIRE regulations are formed. One member of the CRC recently said the commission is awaiting a decision on that case.
“While I don’t have a specific timeline on the new regs, that’s not to say that there’s not work happening,” Brown told lawmakers on Thursday.

“We will certainly keep the committee abreast of timelines and when things are up for adoption.”

Sen. Troy Singleton (D-Burlington) questioned Brown on affordability within the medical cannabis market, which has been a top concern among lawmakers, consumer advocates and the CRC. Prices for medical cannabis, Brown said, were consistent with neighboring states; the most recent data from the fourth quarter of 2021 had medical cannabis priced at an average of $41 for an eighth of an ounce.

Asked by Singleton about the best way to lower cannabis prices, Brown agreed that adding more licensed operators to the market would help drive competition to reduce prices. Singleton said the CRC should be “speeding that process up” to get more licenses approved.

While Brown said that prices were lower right now for medical patients than before 2019, Singleton stressed that affordability remained an issue for patients.
“Many in [the medical cannabis program] are telling me that they are being priced out of their ability to access their medicine because the pricing isn’t doing what you’re saying it’s doing,” Singleton said.

“Maybe it’s the location of where they’re going ... But I’d love to have a deeper understanding of that because anecdotally what I’m hearing is not consistent with what you just said.”

Singleton also asked whether Brown had any data on the impact of allowing homegrown cannabis — which would require legislative action. “I haven’t seen any data on it,” Brown said.

Scutari had called for hearings over “delays” into starting the recreational cannabis market in late March, shortly after the CRC declined to authorize adult-use sales. Since then, recreational sales have launched at 12 dispensaries across the state. Scutari has said he hoped the hearings would be informational to the Legislature.
Brown’s appearance before the committee on Thursday accounted for only a part of the overall hearings. The committee also took several hours of testimony from patient advocates, academics, industry players such as Green Thumb Industries, which operates an alternative treatment center in the state, business groups and lobbyists.
 

New Jersey Governor Says State Should ‘Revisit’ Marijuana Home Grow Ban After Market Matures


The governor of New Jersey says the state should “revisit” its current criminalization of homegrown marijuana for personal use—but he thinks that conversation should happen at a later point after the commercial market has matured.

Gov. Phil Murphy (D) has frequently been asked about the lack of a home grow option in New Jersey’s cannabis program, and he’s expressed openness to the proposal before. But he made clear during a Q&A session on WNYC radio on Monday that he doesn’t think the time is right to enact that additional reform.

A caller framed the question to the governor in a pointed way, asking when in the marijuana plant’s life cycle it actually becomes legal. The current policy, he said, “makes it seem, respectfully, that it’s that the plant itself is not really legal—but the ability to make money off of the plant is legal.”
Murphy said it was a “good question.”

“I’m not sure I’m the right guy to ask the existential question of when does the plant become the reality here, so I’ll leave that to someone else,” the governor said. “I’m of the opinion that we should revisit that question at some point. And I’m not sure when the right time is to revisit it.”


“I think we need to get the industry probably either more on its feet or completely on its feet,” the governor said. “It’s going really well. The good news is it’s going really, really well. But we don’t have enough locations yet and I want to see a little bit more maturity in the market.”

The WNYC host followed up by asking if the problem is that “individual people who want to grow their own don’t really have the presence—they don’t have a lobbyist, they don’t have the ability to get the legislature to move the way the cannabis industry can.”

Murphy conceded that that “could be” the case, but he pivoted to saying that the administration and regulators are “doing a very good job” of standing up the market, and he pointed to the issuance of conditional cannabis business licenses as an example of how the state is working to reach a level of acceptable maturation.
He also recognized that the process has “taken longer than any of us would like.”

The governor emphasized that he doesn’t want to create an industry dominated by “the big guys,” and conditional licenses are one way that the state is empowering people with limited access to capital, especially for “women-, minority- and veteran-owned” businesses.

“I want everybody, particularly the folks who are impacted so badly by the war on drugs,” to be able to participate in the marijuana marketplace, Murphy said.
Meanwhile, some New Jersey lawmakers are criticizing the lack of a home grow option and calling for expanded reform.

In an interview with NorthJersey.com that was published on Tuesday, Sen. Vin Gopal (D) said he’s long been concerned about the “corporate aspect” of cannabis legalization, in terms of out-of-state interests coming in and taking over the market.

“But the number one thing we need to do is allow folks to have some kind of home grow options,” he said. “At a minimum, the medical piece is really important because you got a lot of people who have different health issues, and home grow is relevant to them.”

“That’s something that a lot of folks on both sides of the aisle agree on, [to] try to make sure New Jersey residents have that right,” he said. “To arrest somebody, or going to jail for growing some plants, is absolutely insane.”

Sen. Declan O’Scanlon (R) echoed his colleague’s remarks and pointed out that the state allows adults to brew their own beer and make their own wine.
“If you’re a conservative Republican, you can’t have that dichotomy where government insists that it is the be-all-and-end-all and is not only going to not permit you to do it, but arrest you if you do it,” he said. “That’s a problem.”

Both senators introduced a medical cannabis home grow bill at the beginning of the year, but it has not advanced out of committee.

Separately, the New Jersey Assembly recently approved a bill that would allow licensed marijuana businesses to deduct certain expenses on their state tax returns, a partial remedy as the industry continues to be blocked from making federal deductions under Internal Revenue Service (IRS) code known as 280E.
While the adult-use market is still developing, it’s already proven profitable, with the state reporting about $80 million in marijuana sales in the first ten weeks after retailers opened shop in April.

A bill filed by Senate President Nicholas Scutari (D) over the summer would also authorize the governor to enter into agreements for interstate marijuana commerce with other states that have legalized cannabis. However, the agreements could only be forged if federal law changes, or if the Justice Department issues guidance permitting such activity.

The Senate president separately filed legislation to legalize psilocybin in New Jersey, and it includes provisions that would allow people to cultivate the psychedelic at home.
 
And watch the cops camp out on the street near these lounges to bust people for driving while high...sort of like they often do at a large restaurant/bar near me for DUI.

Though the question does remain as to how they can prove you were driving while impaired.

New Jersey Regulators Release New Rules For Marijuana On-Site Consumption Areas, Open Public Comment Period


New Jersey marijuana regulators have filed proposed rules to allow for cannabis consumption areas where adults 21 and older could use marijuana on-site.

The New Jersey Cannabis Regulatory Commission (NJ-CRC) says it “expects the new cannabis consumption area rules to have a beneficial social impact by advancing social equity, while allowing persons 21 years of age and older another venue to safely enjoy the personal use of cannabis.”


If implemented following a 60-day public comment period that runs through March 18, individual municipalities would be authorized to adopt ordinances allowing consumption areas, which would need to be attached to licensed retailers.

Businesses couldn’t sell food or drinks at the facilities, but people would be allowed to bring their own food or order delivery. Medical cannabis patients could bring marijuana products purchased from different dispensaries.

The consumption areas could be either indoors or outdoors. Licensing fees for microbusiness retailers wanting to add consumption areas will be $1,000, and for standard retailers they will be $5,000. They would need to be reapproved annually.

NJ-CRC first voted to approved the proposed regulations last month, and now they have been unveiled for public comment.

“The Commission expects the rules to advance social equity by promoting opportunities in New Jersey’s cannabis industry for persons from statutorily designated target communities,” NJ-CRC said. Equity businesses “will be among the first in line to receive cannabis retailer licenses in the State and can subsequently apply for a cannabis consumption area endorsement.”

“The Commission additionally anticipates the rules to have a positive social impact by further promoting general public safety. The rules ensure that access to all cannabis consumption areas is restricted to adults at least 21 years of age. Additionally, the rules require that when a patient or consumer leaves a cannabis consumption area, any remaining unconsumed cannabis must be resealed with an exit package before it is carried out. Otherwise, any unconsumed cannabis is required to be destroyed.”

NJ-CRC also said that it expects the addition of cannabis consumption areas will have a positive economic benefit for the state by generating more tax revenue from marijuana sales and annual fees. However, it said that businesses would likely incur costs to get the establishments operational.

The reform would “likely lead to the creation of jobs, as cannabis retailers who apply for an endorsement would most likely require additional staff to appropriately ensure consumer safety,” it said.

The public comment period is open until March 18 for people to weigh in on the proposed rules.
 
Eh....this is kind of fucked up...yeah?


Curaleaf loses licenses to sell Recreational Marijuana


The company's Bellmawr and Edgewater Park locations will have to stop selling recreational marijuana.

Curaleaf, one of the nation's largest cannabis companies, has lost the right to sell recreational marijuana at two local dispensaries in New Jersey.

The New Jersey Cannabis Regulatory Commission's Board denied Curaleaf’s license renewals after the company announced a staff reduction.

This means the company's Bellmawr and Edgewater Park locations will have to stop selling recreational marijuana.

Curaleaf believes the board denied its adult use licenses due to its decision to consolidate its production into one local facility, stated the company in a statement.

The company said the board is acting out of political retaliation for something that there is no regulation for.

“To be clear: Curaleaf is in good standing with the CRC and has fulfilled the requirements necessary for the renewal of our licenses,” Curaleaf said.

The company went on to say how this decision will negatively impact the cannabis industry in the state and its employees.

Curaleaf said it remains open and will continue working with the CRC board to ensure its licenses are renewed.
 
I can't post this stuff fast enough! haha Ah...and yes, this little tempest in a teapot is all about political pandering to unions which should not surprise anyone as we are talking about NJ.

In Reversal, New Jersey Regulators Approve Curaleaf’s Recreational Marijuana License Renewal—With Conditions

“If the meeting served to remind companies of that obligation, then the CRC has done its job. Let me make this very clear—it is time that we favor people over profits.”

By Sophie Nieto-Muñoz, New Jersey Monitor

Curaleaf can continue selling recreational cannabis at all of its New Jersey locations after the state’s cannabis regulators reversed a decision they made Thursday that would have sharply limited where the company can sell weed.

Monday’s vote came during an emergency meeting of the Cannabis Regulatory Commission called to address Curaleaf’s application to continue growing and selling recreational marijuana. The newest vote—which grants the company renewal of five annual licenses, with some conditions—came just a few hours after Curaleaf workers rallied in Trenton in opposition to Thursday’s vote.

The commission approved the licenses with four votes in favor and one against—commissioner Charles Barker—and no discussion. The meeting lasted seven minutes.

Last week, just one commission member, Samuel Delgado, voted to renew Curalef’s licenses.

A Curaleaf representative did not immediately respond to a request for comment.

Dianna Houneou, the commission’s chair, said Monday that by the body’s next meeting, Curaleaf must provide evidence that it is bargaining with union employees in good faith, attest under oath to its “activities and tactics,” produce records regarding plans to modify its New Jersey operations, and provide information on hiring employees and vendors meeting “certain criteria.”

If by the next meeting, scheduled for June 1, Curaleaf hasn’t met these requirements, the board can issue penalties, including fines and revocation of the renewed licenses, Houneou said.

During Thursday’s meeting, commissioners who voted against Curaleaf’s licenses or abstained from voting indicated that they were displeased with the company’s clash with workers attempting to unionize and with how transparent Curaleaf has been with the state.

Commissioner Krista Nash on Monday said last week’s vote represents a wake-up call for companies that “did not understand or appreciate their obligations as it concerns labor relations.”

“If the meeting served to remind companies of that obligation, then the CRC has done its job,” she said. “Let me make this very clear—it is time that we favor people over profits.”

Nash stressed New Jersey’s marijuana legalization law specifically lays out labor provisions for cannabis companies to follow, including maintaining a labor-peace agreement and bargaining for a contract within 200 days once workers vote to unionize. She made similar statements at Thursday’s meeting.

She explained her decision last week was based on public testimony from Curaleaf workers and union organizers who said the company isn’t complying with the law.

“At this juncture, the cannabis industry in this state is at a crossroads. Either we hold true to the law and protect hard-working men and women of New Jersey who want fair wages and working conditions, or we can reward bad behavior and ignore these mandates for the sake of profit and money,” she said.

Last week’s rejection of Curaleaf’s licenses left cannabis advocates and business insiders stunned and was cheered by Curaleaf’s critics. The reversal Monday came after meetings with Curaleaf executives and commission members, cannabis insiders said.

Without the commission’s approval of annual licenses, recreational sales would have ceased at Curaleaf’s Bellmawr and Edgewater Park locations starting Friday. Its Bordentown location would have been left unaffected.
 
This article brings to my mind two things:

1. "equity" = "affirmative action" = government approved racism

2. "Insanity is doing the same thing over and over and expecting a different result"


New Jersey Regulators Will Exclusively Accept Certain Marijuana Licenses From Social Equity Applicants For One Year


If there’s something we could do, and if you’re serious about pushing social equity, let’s get these things across the finish line.”

By Sophie Nieto-Muñoz, New Jersey Monitor

The agency overseeing New Jersey’s marijuana market made a move Thursday that aims to increase the number of cannabis businesses run by people with prior convictions for marijuana offenses or who live in economically disadvantaged parts of the state.

For one year starting September 27, the Cannabis Regulatory Commission will accept requests for certain licenses—wholesaler, distributor, and delivery service class licenses—only from so-called social equity applicants, the commission decided at its Thursday meeting.

Commissioner Charles Barker moved to take the action, saying not enough has been done since the state’s recreational marijuana market debuted in April 2022 to help entrepreneurs who have been hurt by the drug war.

“Based on our current framework, I don’t believe social equity businesses—those most harmed by the failed war on drugs, that represents the people and communities that we want to see in the game—they’re not seeming to make it through the process to be considered for an award, let alone open up a business,” Barker said.

Out of 947 social equity applicants, less than 250 received approval as of December, agency officials said during Thursday’s meeting.

The agency emphasized the difference between the requirements for social equity applicants and diversely owned businesses. The latter includes businesses owned by women, minorities, or disabled veterans.

Under New Jersey’s marijuana legalization law, social equity and diversely owned applicants are already prioritized in the licensing process, along with applicants with businesses located in impact zones, nearly 90 towns that meet criteria based on population, marijuana-related arrests, crime index, and unemployment rate.

After Thursday’s action, anyone who is not a social equity applicant will be rejected through September 27, 2024. The move will not affect people seeking cultivation, manufacturing, or retail licenses.

The motion passed with four yes votes. Commissioner Maria Del Cid-Kosso abstained, saying the commission should take into account businesses owned by women, minorities, and veterans. Barker said those businesses are not necessarily owned by those most harmed by cannabis prohibition.

Ron Wollner, a landlord in Eatontown working with a social equity cannabis business, told commissioners he’s witnessed the issues some applicants run into. The applicants he’s working with, seeking a cultivation license, are “burning cash” while the commission drags its feet, he said.

“If there’s something we could do, and if you’re serious about pushing social equity, let’s get these things across the finish line,” Wollner said.
 
"He said financial barriers exclude people who sold weed in the legacy market for years to support their families."​

GTFO. I have some direct knowledge about illegal drug peddling and nobody....I mean NOBODY....was doing it "to support their families"....pretty much like nobody is shoplifting thousands in cosmetics or household appliances "because they are hungry".

1687813325793.png



New Jersey Marijuana Regulators Grilled By Lawmakers During Lengthy Hearing On Legalization Implementation


Officials from the Cannabis Regulatory Committee faced more than two hours of grilling from lawmakers Friday during their first hearing in front of the Senate Judiciary Committee in more than a year.

Legislators weren’t shy with their criticism. They accused the agency of pulling strings to reinstate the license of a major cannabis operator, being slow to approve applications and holding the cannabis industry back with red tape.

Dianna Houenou, the commission’s chair, and the commission’s executive director, Jeff Brown, lauded the work the agency has done since its inception two years ago. New Jersey has seen 33 recreational dispensaries open, hundreds of applicants approved and millions in tax revenue for the state.

Of 2,084 applications submitted since 2021, about 679 are pending, Brown said.

“The role of the commission, especially as a new agency standing up this industry, we inherently need to assess and understand what the demands are across the state for our patient community and our adult-use consumers, and then provide regulations and opportunities accordingly,” said Houenou.

During the hearing, which stretched to four hours and included testimony from industry leaders and others, officials conceded cannabis prices remain high, but said with increased competition, that will change. An eighth of marijuana costs about $60 in a dispensary and can be bought for as low as $40 in the illegal, legacy market.

Brown said prices could drop by as much as 50 percent if outdoor cultivation increased in New Jersey, but those facilities face constraints because of municipalities that have banned cultivation.

Some lawmakers expressed concerns over the potential of cannabis growing outdoors in their towns. Sen. Mike Testa (R-Cumberland) said no one “really wants this in their backyard,” citing fears of theft and the smell emanating from cultivation sites.

“These aren’t tomatoes in Vineland,” he said.

Testa also expressed frustration about the access teens and children have to delta-8 products. Delta-8 is a legal chemical found in cannabis that doesn’t give the same effects as marijuana.

Sen. Brian Stack, chair of the committee, echoed those concerns. As the mayor of Union City, he said he sees numerous stores selling delta-8 products marketed in bright packaging to attract children.

The product does not fall under the Cannabis Regulatory Commission’s purview, Houenou noted. The state’s cannabis legalization law has strict guidelines for cannabis packaging, which must be child-resistant and relatively plain, she said.

“We want to convert consumers from illicit or informal purchases to the legal, regulated market where products are tested,” said Brown. “I’m confident that prices will drop… We just need to keep the foot on the gas pedal and get licenses awarded and out the door.”

A bill to ban the production and sale of items containing the unregulated substance is moving through both chambers of the Legislature.

Houenou and Brown took heat for the confusion surrounding the saga of Curaleaf losing its five annual licenses in April, then getting them back within days. Houenou defended the decision, saying commissioners changed course after Curaleaf addressed concerns over compliance with the law. A provision in the legalization law requires cannabis businesses to allow workers to unionize and enter a labor peace agreement within 200 days, if they choose.

The company was not named during the discussion, and Houneou declined to comment on “internal deliberations and confidential discussions.”

Union officials also defended the commission’s initial decision to pull licenses from Curaleaf, saying an “act of union avoidance” occurred at a cultivation facility the company owns in Bellmawr and resulted in its closure and 40 layoffs. Now, workers supportive of the union are filing cards with the National Labor Relations Board, said AJ Clayborne of the United Food and Commercial Workers union, which represents cannabis workers.

“The CRC in New Jersey has been uniquely effective in carrying out mandates to enforce labor laws in the state’s new cannabis market,” he said. “In many places, regulatory agencies bicker or drag their feet…the CRC has been particularly responsive.”

Curaleaf has denied allegations of not bargaining with workers.

Many cannabis advocates who testified Friday expressed concerns that Black and brown residents hurt by cannabis criminalization are shut out of the industry.

“The Legislature, in legalization, has done a lot to advance large, white, rich cannabis businesses and investors, and not enough for Black owners,” said the Rev. Charles Boyer, a Trenton pastor and director of the Salvation and Social Justice organization.

He said financial barriers exclude people who sold weed in the legacy market for years to support their families. There aren’t enough grants or business mentors to get them involved in the industry, he said.

Boyer believes the Cannabis Regulatory Commission should be given tools and oversight to track where the bulk of sales tax revenue goes. He wants to ensure that the state is “making real tangible investments in communities.”

“The public was so invested in legalizing cannabis and, more importantly, in wanting to see revenue that comes in go back to the communities that were most harmed,” said Ami Kachalia of the American Civil Liberties Union of New Jersey.

Some revenue from cannabis sales is expected to be distributed to certain towns or social equity programs, and a percentage also goes back to funding the agency.

But the Legislature is in charge of appropriating those funds during the budget process, and the Cannabis Regulatory Commission can only recommend where that should go—recommendations that often come from members of the public who testify at social equity fee hearings, Houenou said.

The committee tasked commission officials with providing more regular updates to the Legislature.

“I understand that when you do start up an agency, there’s an understanding that there will be some bumps in the roads and things will take time, but we keep hearing some of the same statements over and over again,” said Sen. Kristin Corrado (R-Passaic).
 
Every state makes up their own playbook. Check to see what works in other states. It will save years of time waiting for a commercial cannabis operation to start up. So many things to figure out from seed to a finished product. It seems ridiculous seeing this over and over again. See what works elsewhere!
 

New Jersey’s Weed industry is in a ‘doom loop’

Just more than a year after beginning recreational cannabis sales, New Jersey’s legal weed industry is in a “doom loop” of slow licensing and a lack of enforcement that is causing it to stagnate, a marijuana trade group says.


The New Jersey Cannabis Trade Association, which represents the majority of cultivators and dispensaries in New Jersey, issued a report Tuesday placing blame for the state’s slow-growing marijuana industry on the New Jersey Cannabis Regulatory Commission, the agency that establishes and enforces regulations governing legal marijuana. The CRC, the report said, is “hindering the market’s potential” due to a protracted licensing process.


“We’re advocating starting with the removal of the bureaucracy,” said Todd Johnson, the group’s executive director. “We are making it difficult right at the point of entry for no reason.”


New Jersey could be losing as much as $1.8 million a year in potential tax revenue per location, as a result of delayed retail store openings, the report concludes. In addition, the NJCTA points to the proliferation of unregulated hemp-derived cannabinoids and the state’s minimal enforcement against illicit operators as reasons for slow industry growth.


The CRC has received 2,177 applications since it opened up the process for marijuana business licenses in December 2021. Of those, 1,399 applications have been approved, and about 400 are being processed, according to CRC executive director Jeff Brown.


“We’ve been very clear with applicants about what we expect timelines to be,” Brown said. “We understand that business owners have to make decisions, and we try to be up front with expectations so that people can plan accordingly.”


Typically, licenses are approved within three to six months, Brown said. By law, the CRC is supposed to approve conditional license applications within 30 days, and annual license applications within 90 days. But the CRC is able to extend the deadline, often due to the sheer number of applications.


Applicants also often get held up due to factors largely outside of CRC control, such as municipal approval issues, trouble with real estate, and applicants not responding to letters detailing fixes, Brown said.


Today, the state is home to 37 operating recreational cannabis dispensaries, and 13 that sell only medical marijuana. Brown expects the state to have 50 recreational dispensaries running by the end of 2023; it started with 12 adult-use retailers in April 2022.


According to the CRC, recreational marijuana has generated about $306 million in sales — and $18.8 million in sales tax revenue — in the first two financial quarters of 2023 combined. The NJCTA projects that legal weed sales could bring in about $38.39 million in taxes this year — far below other states of similar sizes with legal sales.


Johnson pointed to Maryland, which started recreational marijuana sales in July. With a population of 6.16 million people, that state had more than $80 million in sales in its first month of operations, Johnson estimated. New Jersey has a larger population — 9.2 million — and an older cannabis market, and is pulling in less money, Johnson said.


Brown, however, said New Jersey’s cannabis market is likely to eclipse the $1 billion mark sometime in the next year. He called New Jersey “poised for long-term success.”


But New Jersey’s growth, the NJCTA’s report says, seems to have plateaued after only nine months of legalization. That’s due not only to what it says are slow approvals by the CRC, but also a lack of enforcement against the illicit market, as well as gas stations, smoke shops and head shops selling such products as delta-8 THC, which falls into a legal grey area.


The CRC doesn’t regulate products such as delta-8 THC, but, Brown said, the commission does view those hemp-derived products as being at odds with establishing the regulated market. They are advertised as being similar to what customers would find on the legal market, and often at cheaper prices, but are essentially unregulated.


Brown said the CRC is ready to work with partners to address that, and the state is considering new rules targeting hemp-derived cannabinoids.


Johnson said that the NJCTA would also like to see the CRC approve new products for sale, specifically new types of edibles. That would help legal operators compete against the illicit market.


“Not only are we fighting against the illicit market with our hands tied behind our back because of regulation, but when you can’t even offer the same products, then there’s no choice for [customers] to patronize your stores,” Johnson said.


Legacy operators should also receive “safe havens” from the state to break into the legal market, said Suzan Nickelson, owner of Atco’s Holistic Solutions and the chair of the NJCTA’s Social Equity Committee. Providing that assistance could potentially alleviate some tension between the illicit and regulated markets, she added.


According to at least one study, some customers are going to the illicit market for their marijuana. An April poll from Stockton University found that 30% of New Jersey cannabis users bought weed from “non-licensed dealers,” with 18% of those citing high prices as their reason for going to the legacy market. A vast majority of respondents said that they went to non-licensed dealers because there was no legal dispensary operating near them.


The CRC, Brown said, doesn’t set prices for legal marijuana, but it does monitor them. He acknowledged that accessibility is an issue in the state, despite 18 of 21 New Jersey counties having at least one dispensary. As Brown put it, “progress is being made.”


But for the NJCTA, the progress isn’t happening fast enough.


“New Jersey just seems to be lacking in our resolve to really build a strong foundation through which operators of all kinds can be successful in the state,” Johnson said. “Make it easier for folks to get through the initial hurdles so that they can get to the real obstacles.”
 

Lawsuit aims to Block Cops from Smoking Pot in New Jersey


Jersey City Public Safety Director James Shea is suing New Jersey and its Attorney General to block police officers from keeping their jobs if they smoke pot.


If employees who drive buses, operate forklifts, and work with hazardous equipment aren’t allowed to test positive for pot should the police? After New Jersey’s Attorney General said that law enforcement officers can consume pot off-duty last year, a lawsuit aims to block officers on police forces from consuming cannabis, even off the clock.


The New Jersey Monitor reports that Jersey City Public Safety Director James Shea, filed an 18-page complaint on Oct. 16, arguing that because federal law prohibits anyone who uses a controlled substance including cannabis from possessing a firearm, Jersey City cannot employ police officers who consume adult-use cannabis. Shea was joined in his announcement with Mayor Steven Fulop and Jersey City Police Department officials.


The State of New Jersey, Matthew Platkin as Attorney General of the state of New Jersey, The New Jersey Civil Service Commission, Norhan Mansour, Omar Polanco, Mackenzie Reilly, Montavious Patten, and Richie Lopez are listed as the plaintiffs.


The lawsuit argues that federal law prohibits police officers from carrying ammunition, thus making them ineligible to be police officers.


“The Federal Gun Control Act […] prohibits regular users of controlled dangerous substances, including marijuana/cannabis, from possessing or receiving firearms and ammunition,” the lawsuit reads.


“Police officers in New Jersey are required to possess and receive firearms in order to fulfill their duties as law enforcement officers. New Jersey legalized the regulated use of recreational marijuana/cannabis in New Jersey through passage of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act). In doing so, New Jersey failed to address the impact of the federal firearm laws on the use of regulated marijuana/cannabis in New Jersey for persons who are required to possess and/or receive firearms or ammunitions as part of the job duties, including police officers in Jersey City.”


The lawsuit clarified where specifically the law would need to be applied.


“This action seeks a declaration pursuant to 28 U.S.C. § 2201, that the CREAMM Act and specifically N.J.S.A. 24:6I-52(a)(1) is preempted as it applies to adverse employment action to any individual who is an unlawful user of any controlled substance, including marijuana/cannabis, where such person is required to possess and/or receive a firearm or ammunition as part of his or her job duties.”


Shea defended his reasoning in challenging police officers’ eligibility based on testing positive for cannabis.


“Every citizen in the state of New Jersey has the right to use marijuana,” Shea told the media at Jersey City’s public safety headquarters. ”If one of our officers wants to do that, they could smoke as much as they want—they can no longer perform the duties of a police officer, and we will have to terminate them if we become aware.”


How This All Started


In April 2022, Attorney General Matt Platkin told law enforcement officials in New Jersey that state law requires them to allow officers to consume cannabis off-duty. This law was recently challenged in Jersey City: The state Civil Service Commission concluded that Jersey City must rehire a police officer who was fired after she tested positive for cannabis. At least three other officers fired for the same reason have also challenged their terminations, the New Jersey Monitor reports.


The CREAMM Act was passed on December 27, 2020. The CREAMM Act authorizes the state’s Cannabis Regulatory Commission (CRC) to expand the existing Medicinal Cannabis Program, and develop, regulate, and enforce adult-use rules and activities.


Shea added at the press conference that the CRC is “refusing to acknowledge the conflict between the federal law and the state law.” The lawsuit highlights the supremacy clause of the U.S. Constitution, banning states from overriding federal statutes. “We all agree that they smoked, they utilized marijuana, cannabis, or THC. We all agree that they would need to carry a firearm to be police officers,” he said. “So it should be as simple as a judge clarifying the supremacy clause.”


Shea said the officers who were fired were all offered jobs in his department that did not involve guns, but the city refused to give them their old jobs back. He added that they were fired not because they used cannabis but because they can no longer carry a firearm, thus becoming ineligible to be police officers.


The commission argued that there is no basis in the state’s adult-use cannabis law, the CREAMM Act, which allows employers to fire someone who uses cannabis outside of the scope of work on the clock, meaning Jersey City can’t fire officers who simply test positive for cannabis because they could have smoked weeks ago.


The decision aligns with the Bureau of Alcohol, Tobacco, Firearms and Explosives, which said last March that people who consume cannabis are ineligible to possess firearms or ammunition under the federal Gun Control Act of 1968.
 

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