In April, the Cannabis Regulatory Commission approved 12 dispensaries to sell cannabis to adults 21 years and older for recreational use purposes. New Jersey’s legalization of recreational cannabis is a long-awaited development for this state. Despite legislative setbacks under the Christie administration, and Governor Murphy’s 2017 campaign promises of legalization within his first 100 days in office, the majority opinion prevailed following the 2020 ballot measure when 67% of New Jerseyans voted in favor of legalizing the recreational use of cannabis for adults. On Feb. 21, 2021, New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the “CREAMM Act”) N.J.S.A. 24:6I-31 et seq., was signed into law to legalize the personal use of cannabis for adults over 21.

Although 37 states have legalized cannabis for medicinal use, and 18 states for recreational use, marijuana is still federally illegal and classified as a Schedule I drug under the federal Controlled Substance Act. Despite this classification, President Obama’s Department of Justice issued a memorandum, known as the “Cole Memorandum.” The memorandum provides guidance to U.S. attorneys and recommends prosecutorial discretion when enforcing federal marijuana prohibition in states that “legalized marijuana in some form and … implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana.” Though the Cole Memorandum was rescinded by Attorney General Sessions, current Attorney General Garland has stated in testimony that the Department plans to adhere to its principles.

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