Writings by Daniel T. McKillop

New qualifying conditions approved by the New Jersey Medicinal Marijuana Review Panel. Patients with chronic pain, anxiety, and migraines will have to wait a little longer to participate in the NJ medical marijuana program. The New Jersey Medicinal Marijuana Review Panel (MMRP) recently voted to approve several new qualifying conditions, but the Department of Public Health […]

NJ Voters Will Decide Whether Environmental Settlement Funds Must Be Reinvested Into Anti-Pollution Efforts This November, New Jersey voters will decide whether environmental settlement funds must be reinvested into anti-pollution efforts. In the past, funds have been used for non-environmental purposes, such as balancing the state budget. Environmental contamination lawsuits can generate large windfalls for the […]

The Medical Marijuana Industry is Closely Monitoring Congress’ Budget Bills to Determine the Fate of the Rohrabacher-Farr Amendment The medical marijuana industry is closely monitoring Congress’ budget bills to determine the fate of the Rohrabacher-Farr amendment. The provision, which dates back to 2014, prohibits the U.S. Department of Justice (DOJ) from using federal funds to […]

Non-CERCLA Settlements Trigger CERCLA Contribution Claim Statute Of Limitations CERCLA 113(f)(3)(B) provides that an entity that has “resolved its liability” for “some or all of a response action or for some or all of the costs of such action” pursuant to a settlement agreement with the government may seek contribution from any person who is […]

Trump Administration Revokes Federal Flood Risk Management Standard As part of an initiative to streamline the process for approving infrastructure projects, President Donald Trump rolled back certain construction requirements applicable to federally-funded projects located in flood-prone areas. While the policy reversal was just one line of the Executive Order, it generated headlines because it came […]

Legal Cannabis States Pushing Back Against Sessions’ Warning Letters Attorney General Jeff Sessions does not support federal or state-level efforts to legalize marijuana. However, up to this point, it has been unclear what he plans to do about it. In recent letters to the governors of several states that have legalized marijuana, the Attorney General emphasized that […]

Harmony Foundation Receives New Jersey Medical Marijuana Dispensary Permit Harmony Foundation recently received permission from the State to grow medical marijuana, paving the way for it to begin operations at its Secaucus location in the next several months as the sixth licensed alternative treatment center (ATC) in New Jersey. The next step is for the […]

The Gaming Industry Wants to Know How it Should Treat Money Associated with the Legal Cannabis Industry As marijuana legalization initiatives sweep the country, the gaming industry wants to know how it should treat money associated with the legal cannabis industry. The issue is a growing concern for Las Vegas casinos given that Nevada is […]

The NJ Medicinal Marijuana Review Panel has recommended additional conditions for inclusion in the state’s Medicinal Marijuana Program The New Jersey Medicinal Marijuana Review Panel (MMRP) has recently recommended that the New Jersey Department of Health (NJDOH) qualify numerous additional conditions for inclusion in the state’s Medicinal Marijuana Program. To participate in the program, a […]

Challenge To Constitutionality of the Controlled Substances Act A former NFL player, two children, and an Iraq War veteran suffering from post-traumatic stress disorder, all of whom are medical marijuana patients, together with a social justice nonprofit organization recently filed a federal lawsuit asserting that marijuana’s status as a “Schedule I” narcotic under the Controlled […]

What Cannabis Businesses Need to Know About Sen. Booker’s Marijuana Legislation New Jersey Sen. Cory Booker made national headlines when he recently introduced legislation to decriminalize marijuana on the federal level. Unlike prior efforts to remove marijuana from the Controlled Substances Act (CSA), the proposed bill also encourages states to pursue full legalization. “This is […]

EPA Seeks to Redefine Waters of the United States (WOTUS) Congress enacted the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA) “to restore and maintain the chemical, physical and biological integrity of the Nation’s waters.” To accomplish this goal, the CWA prohibits the discharge of any pollutants into “navigable waters” […]