LAW
Cannabis : A Growing Business Sector in the Garden State ?
Compiled by Miles Z . Epstein Editor , COMMERCE
Given existing and new local bans on cannabis growing and selling , COMMERCE asked legal experts how they are advising clients to prepare for new cannabis business opportunities in New Jersey . Here are their thoughts , observations and insights .
Ansell Grimm & Aaron , PC By Joshua S . Bauchner , Esq ., Partner ; Chair , Litigation Dept .; Head , Cannabis Law Practice Group
“ It ’ s important for cannabis industry entrepreneurs to explain how your business will contribute to the community — local employment opportunities , development of challenged real estate , generation of community tax revenues , engagement with local nonprofit ventures ...”
As the entire application is built upon the location , it is important to ensure that the property is properly zoned and there is local community support . Many townships previously indicated a willingness to have cannabis operators within their borders , and as the legislation negated prior “ opt-outs ” everything is back on the table . We recommend our clients connect with local officials to ascertain viability as it is critical to start moving now to achieve the goal of having all of the information necessary to complete the application in advance of the RFA ’ s issuance . If past is prologue , candidates are given just 30 days to complete the application , which is simply not enough time to start from scratch . So , in light of the volume of information required , we are working with clients now ( and have been all year ) to pull together the information likely required for the application so we are simply populating it when the time comes .
Brach Eichler LLC By Charles X . Gormally , Esq ., Cannabis Industry Co-Chair
We advise potential licensees to engage with the community where they want to locate , as they are a vital partner in the business . Introduce yourself to the leadership of the law enforcement community and discuss your interest . Listen to their challenges and concerns while advocating for your business model . Attend meetings of the governing body and speak about your interest in doing business . Develop points of contact in your target location within the governing body or local volunteer groups . Address local community concerns in your application for licensure to demonstrate your commitment to positively contribute to the municipality . all while operating within the safety and security regulations that will be mandated by the state . If a town is resolved to not allow cannabis businesses to locate there , politely press your case and move on as they may change their views in the future . Their decision , while frustrating to you , is borne from the long misperception about cannabis , perceived political pressure and lack of understanding about how cannabis businesses operate .
Buchanan Ingersoll & Rooney PC Kyle Darby , Esq ., Advisor , Government Relations Group
Municipalities have until August 21 , 2021 to pass ordinances banning or limiting cannabis businesses within their borders .
Photo : Getty Images / iStockphoto
It is true that a swath of New Jersey municipalities are opting out of participating in the state ’ s cannabis industry , but that is not to say that they will all sustain their positions . Of course , some municipalities will opt out , for the time being , to allow for passage of their own ordinances that would regulate the industry in a manner that accommodates the uniqueness of their respective regions . Some municipalities will remain prohibitive in their approach to adult-use cannabis for reasons that may be exclusive to their own communities ; after all , despite widespread support , recreational cannabis is not a “ one-size-fits-all ” effort . However , cannabis companies should focus their efforts and investments by assisting in the creation of
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