Cannabis Law

Cannabis Law

Cannabis State Law Compliance Legal Counsel (New Jersey et al.)

The Bayne Law Group is dedicated to providing a full spectrum of legal services to businesses in highly regulated industries, representing and looking after our clients in the state legalized medical and recreational marijuana industries. Our proactive and practical approach is intended to provide you with a firm foundation and groundwork for success and planning. We have considerable industry knowledge in state regulatory sectors to assist business owners who are subject to the regulatory authority of State Cannabis and Marijuana laws consistent with New Jersey and other State legislative objectives for managing a controlled system of marijuana manufacturing, distribution, and sale that enhances public health and minimizes harms to local communities and families.

Contact The Bayne Law Group for assistance with complex cannabis regulatory legal compliance, including:

  • Current information on state cannabis laws and application opportunities for all counties and cities where lawful sale is permitted.
  • Medical Marijuana Program (New Jersey) and Proposed S3195 Recreational Marijuana Sales Law Business Advice and Advocacy
  • Business and Corporate Counsel Services
  • Cannabis Investment Contracts
  • Incorporation and Corporate Governance
  • General Dispensary Compliance and Litigation
  • Contract Drafting and Review Services
  • Cannabis Business Development for Collectives
  • Cannabis Food Products / Edibles
  • Product Liability Defense, Advice and Dispute Resolution
  • Real Estate Transactions
  • Consultation on State Senate Bill 3195 and related legislation
  • Legalized Operations and Dispensing of Controlled Cannabis within State
  • State Rights under the United States Constitution / Federal Law Enforcement and Defense
  • Class Action Claims
  • Product Labelling
  • Cannabis Brand Protections through Trademark and other intellectual property protections
  • Strains & Variety Patent licensing (Patent Prosecution referrals)

We use our nationwide database of compliance requirements for multistate registration for industry clients. Our lawyers and staff can provide general counsel services to assist with your daily business demands.

Contact Bayne Law Group. Bayne Law Group is prepared to assist

  • New Jersey and other State Applicants,
  • Collectives,
  • Growers,
  • Retailers
  • Mobile dispensaries and
  • Doctors.

In addition, we are poised to provide important legal advice, counsel and advocacy to medical marijuana producers and collectives in civil litigation against cities and municipalities, with respect to their medical marijuana ordinances including cutting edge constitutional law, zoning and land use issues.

The Current State of Marijuana / Cannabis Law – (e.g. New Jersey)

Code Section N.J.S.A. 24:21-1, et seq.; 2C:35-2, et seq.

Possession – Illegal

Under 50 g.: disorderly person (up to 6 months in jail and $1,000 fine); 100 hrs. of community service and additional fine if within 1000 ft. of school; Over 50g.: felony (up to 18 months in jail and a $25,000 fine)

Sale – Illegal

Less than 1 oz.: 4th degree crime (18 months jail, $25,000 fine); 1 oz. to 5 lbs.: 3rd degree crime (3-5 yrs. in prison, $25,000 fine); 5-25 lbs.: 2nd degree crime (5-10 yrs. in prison, $150,000 fine); Over 25 lbs.: 1st degree crime (10-20 yrs. in prison, $300,000 fine)

Trafficking – Illegal

Leader of narcotics trafficking network: life (25 year minimum before parole) and/or $500,000

Medical Exceptions:

Under New Jersey Medicinal Marijuana Program (MMP), you must:

  • Maintain a bona fide relationship with a physician who is registered with the program.
    A bona fide relationship is defined as a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient’s debilitating medical condition, where:
    • The physician-patient relationship has existed for at least one year; or
    • The physician has seen and/or assessed the patient for the debilitating medical condition on at least four visits; or
    • The physician assumes responsibility for providing management and care of the patient’s debilitating medical condition after conducting a comprehensive medical history and physical examination, including a personal review of the patient’s medical record maintained by other treating physicians reflecting the patient’s reaction and response to conventional medical therapies.
  • Be a New Jersey resident.
  • Be diagnosed with a debilitating medical condition by a New Jersey physician registered with the MMP.

Approved debilitating medical conditions include:

  • Amyotrophic lateral sclerosis
  • Multiple sclerosis
  • Terminal cancer
  • Muscular dystrophy
  • Inflammatory bowel disease, including Crohn’s disease
  • Terminal illness, if the physician has determined a prognosis of less than 12 months of life.

The following conditions apply, if the patient is resistant to, or intolerant to, conventional therapy:

  • Seizure disorder, including epilepsy
  • Intractable skeletal muscular spasticity
  • Glaucoma
  • Post-Traumatic Stress Disorder

The following conditions apply, if severe or chronic pain, severe nausea or vomiting, cachexia or wasting syndrome results from the condition or its treatment:

  • Positive status for human immunodeficiency virus
  • Acquired immune deficiency syndrome
  • Cancer

What is changing?

Proposed SENATE, No. 3195

Proposed, among other details:
5 license types:

Class 1 – Marijuana Producer

  • Cultivation
  • Product manufacturing

Class 2 – Wholesale
Class 3 – Retail
Class 4 – Transportation

All prospective licensees must complete application requirements, meet residency requirements, and undergo a criminal history record background check.

Contact Bayne Law Group to commence New Jersey State License and Permit Applications.

The Attorneys of Bayne Law Group are tracking the current developments of New Jersey law and are poised to assist qualified applicants for licenses and permits for Class 1 – Marijuana Producer (Cultivation / Product manufacturing), Class 2 – Marijuana Wholesale License, Class 3 – Marijuana Retail Sales Licenses, Class 4 – Marijuana Transportation Licenses; including all related licensing and permits at state and local / municipal level for retail storefront, agricultural land, warehouse and storage and vehicle ownership and fleet leasing.
Federal Marijuana Law Overview & Constitutional Challenges

Federal Prohibition is in Conflict with Recent State Laws

Under the Controlled Substances Act of 1970 Title 215§812(b)(1), it is against Federal law to grow, import, possess, use and distribute cannabis/marijuana. Additionally, the Controlled Substances Act classifies marijuana as a Schedule I drug:

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use in treatment in the United States.

(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Accordingly, depending on Federal and Department of Justice priorities and deference to local state laws, constitutional litigation may ensue. Bayne Law Group is prepared to assist our industry clients and protect their State rights under law.

Superior Service and Sophisticated Corporate Counsel

Through the delivery of knowledgeable, accessible and responsive representation, we aim to be your firm and legal consultant of choice for years to come. The Bayne Law Group has the industry knowledge and sophisticated business acumen to serve local and international clients, including small, mid-market and Fortune 500 companies.

Business Counsel for the Global Marketplace

Our clients come to us from states throughout the nation and countries throughout the world, including New Zealand, India, Canada, Australia, China, Europe, the Middle East and South America. Business owners, entrepreneurs, investors and business professionals rely on us for their legal needs, big and small.

The Bayne Law Group headquarters is in centrally located Princeton, New Jersey. We have regional offices in New York and Philadelphia. To speak with an American beverage law attorney, call 609-665-3200 or contact us toll free at 888-312-0442. You may also reach us online.