Author: Saiber LLC

NJEDA Launches Cannabis Business Development Grant Program

/ Saiber LLC

The New Jersey Economic Development Authority (NJEDA) recently announced the Cannabis Business Development Grant Program, a pilot initiative providing reimbursements of up to $75,000 for qualifying expenses incurred by licensed cannabis businesses. Eligible applicants include holders of annual licenses for Class 1 Retailer, Class 2 Manufacturer, Class 5 Cultivator, and Class 7 Testing Laboratory, provided they are in good standing with state agencies and can demonstrate at least $75,000 in eligible expenses within the past 36 months. Covered expenses include payroll, training, professional services, rent, and marketing, while construction, large equipment purchases, and inventory are excluded.

Continue reading →

Controversial New Law Restricting Hemp Sales in NJ Spurs Lawsuit by Hemp Businesses

/ Saiber LLC

On September 12, 2024, New Jersey Governor Phil Murphy signed Senate Bill 3235 into law, igniting controversy across the state’s hemp industry. The new legislation restricts businesses from selling hemp products unless they possess a cannabis retail license, a move that prompted hemp businesses to file a lawsuit challenging the law’s restrictions on their ability to operate freely and arguing that it unfairly limits access to the market.

The aim of the new law is to curb the sale of hemp products containing delta-8 THC to minors. Delta-8 THC is a milder cousin of delta-9 THC, the active ingredient in cannabis. While hemp products became federally legal in 2018 under The Agriculture Improvement Act, state-level restrictions are becoming more common as concerns grow over the accessibility of THC-containing products to children.

Continue reading →

New Jersey Approved Cannabis Consumption Lounges

/ Saiber LLC

The New Jersey Cannabis Regulatory Commission (NJ-CRC) approved regulations for cannabis consumption lounges during its January 17th meeting. These rules establish a framework for medical and adult-use operators seeking to integrate consumption spaces within their dispensaries. Upon approval by the New Jersey Office of Administrative Law, the rules will go into effect, with dispensary operators required to secure municipal approval for a consumption area to receive final clearance from the NJ-CRC.

The regulations mandate that consumption areas must be attached to a dispensary, limiting retailers to one consumption area regardless of the number of dispensaries they own. In addition, adequate ventilation through an HVAC system is mandatory to prevent smoke or vapors from affecting neighboring areas. Notably, the sale of food, alcohol, tobacco, or nicotine products within the consumption lounge is prohibited.

Continue reading →

NJ-CRC Accepting Licensing Applications for Wholesale, Distribution & Delivery for Social Equity & Diversity Owned Businesses

/ Saiber LLC

Applications for wholesale, distribution, and delivery of recreational cannabis licenses are now being accepted for Social Equity and Diversity Owned Businesses by the New Jersey Cannabis Regulatory Commission (NJ-CRC.) Beginning September 27, 2023, Social Equity Businesses will be given priority review and approval as the application opens for an exclusive 90-day period. Beginning on December 27, 2023, while still accepting applications from Social Equity Businesses, the application process for Diversely Owned Businesses will also be made available. Finally, the application process will be opened to all other applicants beginning on March 27, 2024.

Applicants will be able to apply for business licenses in the three below classes.

  • A Class 3 Cannabis Wholesale license allows the holder to store, buy, and sell bulk cannabis and cannabis products.
  • A Class 4 Cannabis Distribution license allows the holder to transport bulk cannabis and cannabis products between cannabis cultivators, manufacturers, or retailers within New Jersey.
  • A Class 6 Cannabis Delivery license allows the holder to transport retail-purchased cannabis and cannabis products to consumers.
Continue reading →

New Jersey CRC Approves Rules for Cannabis Consumption Lounges

/ Saiber LLC

In a recent meeting, the New Jersey Cannabis Regulatory Commission approved proposed rules that will allow for the operation of cannabis consumption areas in New Jersey, more commonly referred to as cannabis lounges.

As part of the approved rules, cannabis retailers seeking to operate a consumption lounge will require both NJ-CRC approval and municipal approval. Lounges may be indoors or outdoors but must be enclosed.

Lounges must also require guests to be 21+ years of age and cannot over-sell to its consumers. While no food sales will be allowed at lounges, consumers may bring food or have it delivered to the consumption area. Alcohol and tobacco consumption is prohibited.

Continue reading →

New Jersey Cannabis Regulatory Commission Sets Licensing Application Dates for Cannabis Businesses

/ Saiber LLC

The New Jersey Cannabis Regulatory Commission recently announced their application process for prospective cannabis businesses, including the dates the Commission will begin accepting applications for growers, processors, testing labs and dispensaries.

The Commission will begin accepting applications for personal use (recreational) cannabis businesses on December 15, 2021 for Class 1 Cultivator Licenses, Class 2 Manufacturer Licenses and Testing Laboratories. Applications will begin to be accepted for Class 5 Retails (Dispensaries) on March 15, 2022.  Licensing applications will be accepted on a rolling basis with no deadline set to file. In addition, there is no limit on the number of cannabis business licenses that will be made available. However, the number of Cultivator licenses will be held to 37 until February 22, 2023.

Continue reading →

New Jersey Supreme Court Rules that Employees can be Reimbursed for Medical Marijuana Expenses

/ Saiber LLC

The New Jersey Supreme Court recently issued a significant decision in the area of cannabis law.  In Hager v MK Construction, the New Jersey Supreme Court affirmed that medical cannabis prescriptions are lawful under workers compensation, but that buries the lede.  The real impact of Hager is that the New Jersey Supreme Court addressed for the first time the friction between federal and New Jersey state cannabis law.   

The employer in this case did not want to reimburse a worker for medical cannabis prescriptions for an injury that occurred on the job.  MK Construction argued that the New Jersey Compassionate Use Act (the medical marijuana law in New Jersey) was preempted by the Federal Controlled Substances Act, setting up a showdown between state and federal law.

Continue reading →

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

/ Saiber LLC

On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to as marijuana, will have a significant impact on workplaces and institutions of higher education across the state of New Jersey.  Employers should contact legal counsel for guidance on revising their workplace policies to comply with the new law and ensure a safe and healthy working environment. 

The following are key points employers should consider to comply with the new Law.

Continue reading →

Gov. Murphy Signs Cannabis Legalization Bills

/ Saiber LLC
Election Check Box

Three months after New Jersey overwhelmingly voted to legalize recreational cannabis, Gov. Phil Murphy signed a set of bills on Monday that made New Jersey the 13th and latest state to end the prohibition of marijuana.  The new laws allow adults over the age of 21 to possess up to six ounces of cannabis and will permit the production, distribution and sale of cannabis in New Jersey by licensed businesses.

Continue reading →

New Jersey Assembly Postpones Deadline to Act on Recreational Cannabis Bill

/ Saiber LLC

There has been one thing missing since New Jersey citizens voted to legalize adult use recreational cannabis: a law signed by Governor Murphy.  Since the November election, New Jersey lawmakers proposed and approved legislation that would formally legalize adult use recreational marijuana in New Jersey, but Governor Murphy has not signed the bill based on disagreements regarding penalties for underage cannabis users.  The result: limbo.

Continue reading →