In recent years, New Jersey has made the medical and personal use of cannabis legal for most adults. This change in the law creates a substantial economic opportunity for many New Jersey entrepreneurs.
However, the industry remains tightly regulated. Business owners just starting out should know that they will need to complete a comprehensive application process, as well as obtain other local licenses and approvals before they can open their doors.
If you are considering starting or opening a cannabis business in New Jersey, you have come to the right place. At Weiner Law, we understand that obtaining a license for cultivating, manufacturing, or dispensing cannabis is not easy and often includes many complicated steps.
We are proud to help those in our area who wish to cultivate and grow cannabis by offering legal advice and services centered around this business opportunity.
With 30 years of experience in the general licensing and regulatory arena, we have the insight you need to ensure your application is completed correctly and positioned for acceptance. To get started, contact us today.
What Is Cannabis Law?
Cannabis law refers to the body of legal regulations and statutes that govern the cultivation, possession, sale, distribution, and use of cannabis.
Cannabis is a plant commonly associated with recreational and medical drug use. Legal cannabis use can vary significantly from one jurisdiction to another, as it is subject to both federal and state laws.
Decriminalization vs. Legalization
One of the central issues in cannabis law is whether cannabis is illegal or legal. Historically, many countries had strict laws criminalizing cannabis possession and use.
However, there has been a global trend toward decriminalization and legalization in recent years, particularly for medical and recreational use.Â
New Jersey permits the use of cannabis for both medical and recreational purposes. However, the sale and use of cannabis in New Jersey is still a highly regulated business opportunity. A cannabis lawyer can help you understand your rights and obligations when entering the cannabis business.
Medical Cannabis
Many jurisdictions, including New Jersey, have established regulatory frameworks that allow for the medical use of cannabis.
These laws typically require patients to obtain a prescription or recommendation from a qualified healthcare provider, and often involve the establishment of licensed dispensaries or pharmacies for distribution.Â
New Jersey has a robust system for permitting medical cannabis and protecting businesses filling the demand for this medication. With our deep bench of regulatory law experience, Weiner Law can help you obtain the permits and licenses necessary to serve medical cannabis patients statewide.
Recreational Cannabis
New Jersey also permits the recreational or personal use of cannabis for adults across the state. This brand-new law has opened the doors for many New Jersey business owners looking to grow or sell personal use cannabis.Â
However, there are age restrictions, business licensing requirements, and regulations governing the sale, taxation, and marketing of cannabis products. An experienced cannabis business lawyer can help you navigate the red tape to obtain your cannabis business licenses.
Industrial Hemp
Cannabis law often distinguishes between industrial hemp and marijuana. Industrial hemp is a variety of the cannabis plant that contains very low levels of the psychoactive compound THC.
Depending on the nature of your cannabis business, you may need to know the laws governing industrial hemp in New Jersey. This product can fulfill many purposes, including fiber, food, and CBD production.
Not every cannabis entrepreneur wants to get into the retail business. You may be more interested in the agricultural aspect of cannabis, including growing and producing cannabis and cannabinoid (CBD) products.
If your business focuses on producing industrial or agricultural cannabis or hemp products, you may still need to obtain regulatory permits, licenses, and local approvals. The Weiner Law team can help.
How Can a Cannabis Attorney Help Me?
What does a cannabis law attorney do? A lawyer can help you with any aspect of your New Jersey cannabis enterprise, not just getting a license or minimizing liability. Most often, cannabis entrepreneurs need legal help in a wide variety of areas, including those listed below.
Navigate Regulation
Cannabis laws often establish regulatory agencies or commissions responsible for overseeing various aspects of the industry, such as licensing, testing, and enforcing regulations. New Jersey’s laws require cannabis entrepreneurs to obtain permits from the Cannabis Regulatory Commission (CRC).
Our cannabis law team can help you obtain the permits and licenses you need. An attorney can guide you through this sometimes challenging process, especially if you want to submit a priority application.
Understand How Your Business Might Be Taxed
Cannabis is often subject to specific taxes. These taxes can vary based on whether the cannabis is for medical or recreational use, or sold at the wholesale or retail level.
Additionally, you may want to consider the tax advantages of certain types of cannabis businesses. Like any other business, tax law advice is not one-size-fits-all, and working with a cannabis business lawyer can help you identify key opportunities to maximize your income.
While a lawyer cannot provide tax or accounting advice, an experienced cannabis business attorney can help you understand what types of businesses provide the most tax advantages.
Represent You in the Event of Criminal Prosecution
Unfortunately, cannabis remains illegal in many jurisdictions. Under certain federal laws, there are penalties for its possession, sale, or cultivation. The severity of these penalties can vary widely.
Even if your business is licensed and permitted by the State of New Jersey, you may still run into issues with federal enforcement. While this may soon change, entrepreneurs should be well-educated about the potential enforcement issues before entering the industry.Â
A lawyer can help you identify risks, avoid penalties or pitfalls, and represent you in court if needed.
Understand International Treaties
Some countries are bound by international treaties, such as the Single Convention on Narcotic Drugs, which imposes certain obligations related to cannabis control.
If you plan to import cannabis or related products, you may become subject to other countries’ laws. Cannabis business lawyers are generally experienced in the entire regulatory universe governing the import, growth, sale, and use of cannabis.
Form Your Business Entity
Cannabis businesses are diverse and include a wide variety of products and interests. You may want to form a corporation or limited liability company (LLC) to reduce potential liability and achieve maximum growth potential.
A cannabis attorney can help you with any of the following business transactions:
- Participating in mergers and acquisitions of cannabis businesses;
- Forming, transforming, or dissolving a business or corporate entity;
- Preparing and enforcing complex business contracts;
- Pursuing litigation for business-related issues;
- Managing regulatory and compliance burdens; and
- Defending and enforcing intellectual property rights.
While this is not an exhaustive list, you can see that the cannabis business has much in common with any other type of regulated business. A cannabis attorney can help you protect your business interests and those of your investors, shareholders, or partners by forming the right type of business entity.
At Weiner Law, we go above and beyond to identify your needs and provide superior legal service to all our clients. Contact us today to learn how we can help you develop and execute a cannabis business strategy.
Speak with Our Experienced Cannabis Business Lawyers Today!
With our decades of expertise in New Jersey licensing and regulatory law, the attorneys at Weiner Law have the skills to help our clients pursue this new and exciting industry.
If you are ready to learn more about New Jersey cannabis law and prepare your application, contact Weiner Law. You can reach us by phone or by sending us a message online. From our office in Parsippany, we proudly help clients throughout New Jersey.