New Jersey Marijuana Legalization – Question 1

NEW JERSEY MARIJUANA LEGALIZATION

VOTE YES ON QUESTION 1 – NEW JERSEY’S CHANCE AT LEGALIZING MARIJUANA THROUGH THE PEOPLE.

Medical marijuana is legal in New Jersey – registered patients may possess, use, and purchase medical marijuana from state-licensed businesses. However, on November 3, 2020, New Jersey voters will have the chance to decide on the legalization of adult-use/recreational marijuana.

The state of New Jersey legalized medical cannabis in 2010, which provided a legal way for qualifying patients in the state to access and utilize medical cannabis as a form of treatment for their ailment. Access to medical cannabis is through state-licensed businesses, Alternative Treatment Centers (ATCs) that are allowed to grow, manufacture and sell medical cannabis. By 2018, there were 12 total ATCs statewide.

When Gov. Phil Murphy took office, the Gov. immediately made changes to New Jersey’s medical marijuana program. Improvements to the program included, but not limited to:

• Adding qualifying medical condition (including chronic pain) and simplifying the process for additions
• Allowing for a non-vertical business model through separate licensing types to cultivate, manufacture and/or dispense
• Increased patient access by increasing the number of medical marijuana businesses
• Reduction in patient fees
• Increased monthly limits from 2 ounces to 3
• Legalized medical marijuana edibles for adults
• Removed the requirement for patients to have a bona fide relationship with their doctor
• Established a new regulatory department, Cannabis Regulatory Commission (CRC) to oversee the medical marijuana program

The New Jersey Assembly and Senate committees passed a resolution on Dec 2019, approving the question of recreational marijuana legalization to be put before voters on the November 2020 ballot. New Jersey Public Question 1, the Marijuana Legalization Amendment, is on the ballot in New Jersey as a legislatively referred constitutional amendment on November 3, 2020. This means state voters will be able to vote on the amendment, to legalize recreational marijuana. If passed, the Cannabis Regulatory Committee (CRC) and the state Legislature will still need to develop rules and regulations to regulate the number of marijuana business licenses, homegrown, possession limits, and other basic regulations.

New Jersey Medical Marijuana Business License

The program was first established in 2010 with vertically integrated Alternative Treatment Center (ATC) licenses, which allowed for the cultivation, processing, and dispensing of medical marijuana to qualified patients. The state awarded six (6) ATCs in 2011, and an additional six ATCs in 2018.

In May 2019, the state allowed for ATC licenses with specialty endorsements for cultivation, processing, or dispensing. In total, the state-issued up to 5 cultivation endorsements, up to 15 dispensary endorsements, and up to 4 vertically integrated permits.

There will be a to-be-determined number of recreational marijuana business licenses available in New Jersey. While there is mention of marijuana businesses in the proposed amendment, there aren’t any specifics, it calls for the state’s Cannabis Regulatory Committee (CRC), to establish and oversee the recreational program’s rules and regulations. Limitations (if any) and details for marijuana business licenses will likely unfold in the rule-making process.

To get a marijuana business license in New Jersey, you will be required to submit an application. As part of the application, some of the plans you will need to include the following:

• Security Plan
• Environmental Impact Plan
• Quality Control and Quality Assurance Plan
• Business History Plan
• Financial Plan
• Community Benefits Plan
• Research Plan
• Cultivation, Manufacturing and/or Dispensing Plan
• Labor Compliance Plan
• Staffing and Training Plan

If you are interested in applying for a marijuana business license in New Jersey, email us to discuss how we may be able to assist you.