Credit: pixardi/Adobe Stock Navigating Local Hurdles: Challenges Facing Cannabis Applicants in New Jersey
"Navigating New Jersey's evolving cannabis regulations poses substantial challenges for businesses, primarily due to municipalities' broad authority under CREAMMA," write Mandelbaum Barrett's Joshua S. Bauchner and Natalie C. Diaz.
July 16, 2024 at 11:30 AM
8 minute read
New Jersey's Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) allows for the sale, consumption, and possession of cannabis and cannabis products for individuals aged 21 and older. CREAMMA authorized municipalities to prohibit various cannabis uses by enacting ordinances within 180 days of the act's effective date of Feb. 20, 2021. Municipalities also can regulate the location, manner, and operational hours of cannabis establishments. This wide-ranging authority grants municipalities the power to set location and density requirements for cannabis businesses and reject applicants who do not meet their criteria. N.J. Stat. Ann. Section 24:6I-45. Despite state-level legalization, cannabis remains a Schedule I narcotic under the federal Controlled Substances Act (CSA). Existing alongside Article VI of the U.S. Constitution's Supremacy Clause, which establishes federal law as the supreme "Law of the Land," CREAMMA exemplifies a state regulatory framework where municipalities have greater control over cannabis regulation than the federal government.
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