The New Jersey Cannabis Regulatory Commission (CRC) unanimously voted to adopt initial rules outlining the cultivation, manufacture and sale of adult-use cannabis. The New Jersey State Bar Association (NJSBA) submitted a number of suggestions in its report and recommendations to the CRC in July, in anticipation of the adoption of the rules.
“The regulations adopted today reflect the CRC’s commitment to transparency and social equity,” Gov. Phil Murphy said. “Prioritizing applications from women and minority entrepreneurs, from business owners living in economically disadvantaged communities, and from small business owners will ensure the market grows the way we envisioned – in a way that is socially equitable and reflective of our state’s diversity.”
According to the CRC’s press release, the rules “address barriers to entry that have plagued some cannabis markets across the country.” The rules prioritize applications from certified minority-, women- and disabled veteran-owned businesses, and applicants who live in or will operate in an impact zone or economically disadvantaged area; flexible application requirements for certain businesses; and low application fees.
The rules are effective immediately. The NJSBA is continuing to monitor the issue during implementation of the rules and in anticipation of further clarification of the rules if and when necessary.
NJSBA comments on post-pandemic court operations
“The Judiciary at all levels successfully adapted to remote operations during the extended COVID-19 crisis,” noted the Judiciary in seeking comments on a proposal for certain court events to continue in a remote format. The proposal, titled the Future of Court Operations, included motion arguments, criminal hearings, landlord tenant proceedings, civil arbitrations and mediations, a number of Family Part proceedings and most hearings in municipal court.
The NJSBA, noting that it had previously submitted its Practice of Law Subcommittee Report to the Judiciary, which addressed future proceedings in the areas of civil, criminal, family, landlord tenant, municipal court, taxation, real estate, trust and estate, immigration and workers’ compensation, offered additional recommendations for consideration.
The NJSBA urged particular attention to municipal court matters, advocating for more concise guidelines to be established for municipal court matters to ensure uniformity throughout the state. Testimonial proceedings in those courts should be required to be in person unless the parties consent to a virtual format, and all parties, including witnesses, should be required to appear, the NJSBA said in a letter to Judge Glenn A. Grant, acting administrative director of the courts. The letter further urged that municipal court judges be required to consult with counsel in connection with any other municipal court matter before deciding whether to proceed virtually, and all proceedings be accessible to the public.
Dispositive motions and settlement conferences in the Civil Part were two other areas where the NJSBA advocated for in-person proceedings over a remote format, citing greater effectiveness and swifter resolutions with in-person negotiations.
“The NJSBA stands ready to assist the Judiciary in whatever way it can as we adapt to a post-pandemic world and attempt to retain those practices that benefit litigants and enhance their access to justice, without sacrificing their rights to a fair resolution of their grievance,” NJSBA President Domenick Carmagnola said.
For more information and to view the NJSBA’s comments, please visit njsba.com.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.