The NJ DOH Has Removed the Medicinal Marijuana Program RFA Previously Published on June 3, 2019
The New Jersey Department of Health (DOH) still plans to seek applications for new Alternative Treatments Centers (ATCs) beginning in July 2019. However, it has removed the Request for Applications (RFA) previously published on June 3, 2019. According to a statement on the DOH website, an amended Request for Applications will be posted on July 1, 2019.
Gov. Murphy and Legislature Reach Compromise
As discussed in greater detail in prior articles, both the New Jersey Legislature and Gov. Phil Murphy want to expand the New Jersey Medicinal Marijuana Program. On June 3, the DOH issued a Request for Applications seeking new applicants to operate up to 108 additional ATCs, including up to 24 cultivation endorsements, up to 30 manufacturing endorsements, and up to 54 dispensary endorsements.
The New Jersey Legislature subsequently introduced and passed Assembly Bill 20/Senate Bill 20, which reflects a compromise between Gov. Murphy and the Legislature on key issues. Notably, it transfers medical marijuana oversight from the Department of Health’s jurisdiction to a new five-member Cannabis Regulatory Commission, a move that Gov. Murphy has opposed. It also caps the total number of entities authorized to cultivate medical cannabis at 28 for the first 18 months after the effective date of the bill, which is higher than limits established in prior medical marijuana legislation but less than the recent RFA.
A20 includes several provisions that exempt RFAs published prior to the effective date of the bill. The restriction on vertical integration will not apply to up to four ATCs issued permits after the effective date of the bill pursuant to a request for applications published in the New Jersey Register prior to the effective date of the bill, which will be deemed to hold medical cannabis cultivator, medical cannabis manufacturer, and medical cannabis dispensary permits. In addition, applications submitted pursuant to a previously published RFA will not be subject to the bill’s new application criteria.
New RFA in the Works
Given the exemptions for existing RFAs, it makes sense that Gov. Murphy has yet to sign A20 and is moving quickly to publish a new RFA on July 1. The exact details of the new RFA have yet to be released. However, it is likely that the number of licenses will be less than 108.
The Scarinci Hollenbeck Cannabis Law Group will post an update once the RFA is released. In the meantime, entities that are interested in entering the New Jersey medical cannabis industry can still start your preparations. There are numerous legal, logistical and operational issues that must be addressed, and time is of the essence.
If you have any questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
This article is a part of a series pertaining to cannabis legalization in New Jersey and the United States at large. Prior articles in this series are below:
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.
Failing to Comply With NJ Rent Control Exemption May Prove Costly
What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Crypto Securities Law: When Tokens Become Investment Contracts
The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
The Due Diligence Process for NY Condominiums and Cooperatives
While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Smart Contract Legal Issues: Drafting Agreements for Blockchain
Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Are Stay Interviews the Key to Retaining Top Talent?
Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
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!
