How Marijuana Bill Will Impact New Jersey Municipalities
Sen. Nicholas Scutari recently proposed legislation that would legalize recreational use of small amounts of marijuana for adults 21 and over. While the bill has little chance of passage under Gov. Chris Christie, it could become a reality under New Jersey’s next governor.
“Other states’ programs are working well, creating jobs and generating tax revenue, and have not seen the doom-and-gloom scenarios once predicted. Regulating the sale and consumption of marijuana in New Jersey will not only benefit the state financially but will mean a safer and more responsible way of treating this drug and a more humane way of treating our residents,” Sen. Scutari said in support of the marijuana bill.
The comprehensive marijuana legislation establishes a robust regulatory scheme for the manufacture, distribution, and sale of marijuana. At the same time, it also allows for some oversight at the local level.
Notably, municipalities can prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance. However, the failure to enact an ordinance prohibiting the operation of a marijuana establishment will permit the operation of a marijuana retail establishment within the local governmental entity for five years. At the end of the five-year period, and every five-year period thereafter, the municipality again be permitted to prohibit the operation of a marijuana establishment.
Under the proposed bill, each municipality must enact an ordinance or regulation specifying the entity that will be responsible for processing applications submitted for a license to operate a marijuana establishment within the boundaries of the municipality and for the issuance of such licenses, should the state fail to adopt regulations or to process and issue licenses.
Municipalities are also authorized to enact ordinances or regulations, not in conflict with the provisions of the bill, that address the following:
The time, place, manner and number of marijuana establishment operations;
The procedures for the issuance, suspension, and revocation of a license issued by the local governmental entity;
The schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a local governmental entity in accordance with the provisions of the bill and a licensing fee shall only be due if a license is issued by a local governmental entity; and
The civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such local governmental entity.
We will be closely monitoring the progress of the proposed marijuana bill and will post updates as they become available. For more information about the proposed marijuana bill or the legal issues involved, we encourage you to contact a member of Scarinci Hollenbeck’s Government Law Group.
This article is a part of a series covering the potential for marijuana legalization in the United States, specifically New Jersey. For more on this topic, check out:
Applying for a Medical Marijuana Dispensary License in New Jersey
Will Legislature Pass Proposed Amendment to the Compassionate Use Medical Marijuana Act?
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.
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?
Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
The Screenshot Problem: Why Nothing Is Really Private Anymore
Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers
Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
No Aspect of the advertisement has been approved by the Supreme Court.
Results may vary depending on your particular facts and legal
circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
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!
