NJ Publishes Guidance on Cannabis Sales & Use Tax and Social Equity Excise Fee
September 19, 2022 | Louis Vlahos | Tim Gonzalez | Tax | Cannabis

The New Jersey Division of Taxation recently provided guidance[1] on registration and licensing requirements, Social Equity Excise Fees, and the Sales & Use tax applicable to companies operating in the cannabis industry.[2]

The following provides important takeaways from the Division’s publication.

Registration & Licensing

To operate a cannabis business in New Jersey a company must

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Online Licensing Portal Opens to Growers of Adult-Use Cannabis
March 16, 2022 | Cannabis

On March 15, 2022, Governor Kathy Hochul announced the opening of the portal to obtain an Adult-use Conditional Cultivator License to grow adult-use cannabis. Farmers who qualify and apply will pay a non-refundable $2,000 application and licensing fee.

To qualify for this license an applicant must have been

  1.  an authorized industrial hemp research partner
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Update on NYS Cannabinoid Licensing, Manufacturing and Labeling
January 3, 2022 | Steven Shapiro | Compliance, Investigations & White Collar | Cannabis

The New York State Office of Cannabis Management (OCM) has announced regulations concerning the manufacturing and labeling of cannabinoid hemp products, and the availability of an online portal to facilitate required state licensure. Cannabinoid hemp products sold in the state must comply with the regulations by April 25, 2022. The OCM will be reaching out

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Recreational Cannabis Statutes’ Impact on NY and NJ Employers
April 21, 2021 | Tamika N. Hardy | Employment & Labor | Cannabis

New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the

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NY Is Set to Legalize Recreational Marijuana
March 31, 2021 | Benjamin P. Malerba | Joseph P. DiBella | Cannabis

UPDATE: Governor Andrew Cuomo just signed into law the Marihuana Regulation and Taxation Act.

After years of fits and starts, New York has passed legislation to legalize recreational marijuana under the Marihuana Regulation and Taxation Act (S854-A) which Governor Cuomo intends to sign. The legalization aspect of the bills would take effect immediately, while Senate

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FDA Warns that Topical Pain-Relief Products Containing CBD Violate FD&C Act
March 24, 2021 | Steven Shapiro | Marc S. Ullman | Compliance, Investigations & White Collar | Cannabis

This week, the U.S. Food and Drug Administration (FDA) issued Warning Letters that effectively declare that the presence of cannabidiol (CBD) as an inactive ingredient in topical over-the-counter (OTC) drug products is a  violation of the federal Food, Drug, and Cosmetic Act (FD&C Act).

In a news release issued on March 22, 2021 the FDA

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If You Sell Marijuana in Any Form, Uncle Sam Wants His Cut
March 11, 2021 | Stella Lellos | Tax | Cannabis

More and more states across the country are legalizing the sale of marijuana products for medical and/or recreational purposes, but marijuana remains effectively prohibited under federal law as a Schedule I controlled substance within the meaning of the federal Controlled Substances Act of 1970.

There is, however, one important and practical exception to that prohibition:

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CBD Health Claims Raise FTC’s Hackles (and Prompt Class Action Suits)
| Marc S. Ullman | Compliance, Investigations & White Collar | Cannabis

Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could treat diseases and serious medical conditions such as cancer, diabetes, Alzheimer’s disease and more.           

At the same time, the FTC announced proposed settlements

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In NY, CBD Manufacturers and Distributors Now Must Be Licensed
February 26, 2021 | Benjamin P. Malerba | Joseph P. DiBella | Compliance, Investigations & White Collar | Cannabis

Governor Andrew Cuomo announced that the New York State Department of Health is now accepting applications from businesses seeking licensure to operate as cannabinoid hemp processors, retailers, or distributors. Cannabinoid hemp includes many CBD products currently available for purchase, including tinctures, vaporizations, oils, topicals, pills, capsules and food and beverages.

Pursuant to Article 33-B of

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The Biden Administration’s Expected Criminal Enforcement Stance on Marijuana
February 1, 2021 | Geoffrey R. Kaiser | Compliance, Investigations & White Collar | Cannabis

As a candidate running for the office he now holds, President Biden advocated decriminalizing the use of marijuana, automatically expunging all prior marijuana use convictions, legalizing marijuana for medical purposes and rescheduling marijuana from Schedule I to Schedule II in order to permit scientific research into its effects, while leaving decisions regarding legalization of marijuana for

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