
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: November 9, 2016
Partner
201-896-7115 dmckillop@sh-law.comIn 2010, the State of New Jersey legalized medical marijuana. However, the implementation of the New Jersey Compassionate Use Medical Marijuana Act has been slow, in large part due to the onerous requirements placed on patients and alternative treatment centers seeking to dispense medical marijuana.New Jersey’s first alternative treatment center (ATC) opened in 2012, with two more launching operations in 2013. To date, there are only five licensed medical marijuana dispensaries operating in the state, with one more in the pipeline. While the state is not currently accepting applications to open additional ATCs, it is due to re-evaluate the need to grant additional licenses. In addition, ongoing legislative action to broaden the state’s medical marijuana program may clear the way for new dispensaries. In the event that new dispensaries are to be approved, parties interested in opening dispensaries will need to be familiar and comply with several requirements.
The Compassionate Use Medical Marijuana Act mandates that at least two ATCs be licensed in the northern, central, and southern regions of the State. Under the statute, the first two centers issued a permit in each region must be nonprofit entities, while centers subsequently issued permits may be nonprofit or for-profit entities.
The New Jersey Department of Health requires that entities seeking to obtain an ATC license have a comprehensive business plan. In addition to traditional financial information, applicants must provide details regarding how they plan to track patient data, maintain security at the dispensary, and address the other unique concerns involved with dispensing marijuana.
Below are several types of documents that must be provided in connection with the required Permitting Request Form:
Applicants are required to complete Personal Disclosure Forms, which seek employment, educational, family, and other personal data. Each applicant seeking a permit to operate as an ATC must also submit to fingerprinting and undergo a criminal history record background check. The requirements apply to all owners, directors, officers, and employees. The ATC must also provide written verification of approval by the community or governing body of the municipality in which the ATC entity is or will be located.
Under the Compassionate Use Medical Marijuana Act, the Department of Public Health must approve or deny an application within 60 days after receipt of a completed application. The denial of an application is considered a final agency decision, subject to review by the Appellate Division of the Superior Court.
The foregoing is only a summary of the procedural requirements related to medical marijuana dispensary licenses in New Jersey. Persons interested in the application process should contact a knowledgeable attorney to discuss this process in greater detail.
This article is a part of a series that is covering medical marijuana in New Jersey and the potential of its legalization for recreational use. For more on this topic, check out:
Otherwise, if you have any questions or would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!