Close Menu
  • Home
  • News
  • Lifestyle
  • Law
  • Business
  • Education

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Australian Publishers Face Legal Action for Cannabis Advertisements

June 20, 2025

Hemp Companies Sue Maryland Over Cannabis Licensing

June 19, 2025

Missouri Hemp Groups Seek to Deregulate Cannabis via Ballot Initiative

June 19, 2025
Facebook X (Twitter) Instagram
Sunday, June 22
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions
Facebook X (Twitter) Instagram LinkedIn VKontakte
Smoke Professional
  • Home
  • News

    More Than 1,000 Arrested in Sweep of U.K. Weed Grows

    July 8, 2023

    Scotland Calls On UK To End ‘Failed’ Drug War With Decriminalization And Harm Reduction Approach

    July 8, 2023

    Germany’s draft law for first phase of cannabis reform

    July 8, 2023

    High Times Cannabis Cup Illinois: People’s Choice Edition 2023 Kicks Off

    July 8, 2023

    Pennsylvania Committee Advances Expansion to State Medical Cannabis Program

    July 7, 2023
  • Lifestyle

    How Watching the News Can Trigger Anxiety and Panic Attacks

    October 28, 2024

    Record High Cannabis and Hallucinogen Use Among Adults

    October 27, 2024

    Weekend Sleep Catch-Up May Lower Heart Disease Risk by 20%

    October 27, 2024

    Energy Drinks Linked to Poor Sleep Quality and Insomnia

    October 26, 2024

    First Psychedelic Church for Magic Mushrooms

    October 26, 2024
  • Law

    Republican Lawmakers Kill Cannabis Legalization Provisions in Wisconsin Gov’s Budget Proposal

    June 16, 2025

    Pennsylvania Senate Committee Rejects Adult-Use Legalization Bill

    June 15, 2025

    Results from Swiss Cannabis Pilot Program Suggest Legalization Reduces Problematic Cannabis Use

    June 14, 2025

    Study: Cannabis Use Among Older Adults Higher Than Ever

    June 13, 2025

    North Carolina Gov. Creates Advisory Council to Explore Cannabis Reforms

    June 12, 2025
  • Business

    Australian Publishers Face Legal Action for Cannabis Advertisements

    June 20, 2025

    Hemp Companies Sue Maryland Over Cannabis Licensing

    June 19, 2025

    Missouri Hemp Groups Seek to Deregulate Cannabis via Ballot Initiative

    June 19, 2025

    Maine Credit Union Dropping Medical Cannabis Caregiver Accounts

    June 18, 2025

    HIGH TIMES RETURNS: The Counterculture Giant Reclaims Its Roots

    June 17, 2025
  • Education

    CBD and the Aging Population—What Science Says Today

    March 12, 2025

    Wholesale Nootropic Skincare: Boost Your Product Line

    March 10, 2025

    Ideal for Your Business Needs

    March 8, 2025

    A Must-have For Every Smoke Shop

    March 3, 2025

    The Perfect Addition to Your Product Line

    March 1, 2025
Smoke Professional
You are at:Home»Law»New Jersey Appeals Court Rules Federal Law Does Not Preempt State Cannabis Law
Law

New Jersey Appeals Court Rules Federal Law Does Not Preempt State Cannabis Law

adminBy adminMay 21, 2024No Comments2 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

A New Jersey appeals court panel ruled earlier this month that the state’s Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA) is not preempted by the federal Controlled Substances Act (CSA) and that both can coexist, NJBiz reports. In the ruling, the panel wrote that “It is not impossible for New Jerseyans to comply with the CSA after the enactment of CREAMMA” because the state law “does not require any business to sell marijuana, or any municipality to adopt, as here, an ordinance to allow marijuana dispensaries within its borders.” 

The panel, however, warned that “residents and marijuana businesses of this state act at the risk that their activities might be prosecuted by federal authorities.” The judges also concluded that the plaintiffs provided no evidence that the New Jersey adult cannabis use law has impeded the enforcement of federal law.    

The plaintiff in the lawsuit was Mary Botteon, a resident who has filed other legal actions against the state and the town of Highland Park, where she resided, challenging CREAMMA. In February, she brought a separate lawsuit challenging Highland Park’s awarding of a license for cannabis distribution, arguing that the ordinances violate federal law.  

In an interview with NJBiz, Ryan Magee, a partner at McCarter & English LLP, called the decision “a significant win not only for the defendants in the case but also for New Jersey’s emerging cannabis industry as a whole.” 

“In its analysis, the court placed emphasis on the federal government’s evolving positions with respect to cannabis,” he said in the report. “The court noted [Department of Justice]’s non-enforcement position as to lawful state cannabis markets and Congress’s own annual appropriations riders that prohibit DOJ from allocating funds to prosecute conduct that is legal under state medical marijuana laws. Simply put, if the federal government wanted to more aggressively prosecute violations of the CSA – it could – and CREAMMA does not bar it from doing so.” 

The appeals court panel did, however, resurrect other state law claims brought by the plaintiffs that had been rejected by a Superior Court judge late last year. Those claims purport that CREAMMA has led to nuisance issues.  

Get daily cannabis business news updates. Subscribe

Ganjapreneur is made possible by our partners:


Source link

Appeals cannabis Court Federal Jersey Law Preempt Rules State
Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Previous ArticleMarital Status Uniquely Affects Psychedelic Experiences, Study Shows
Next Article High Five: 5 Cultivation Styles
admin
  • Website

Related Posts

Australian Publishers Face Legal Action for Cannabis Advertisements

June 20, 2025

Hemp Companies Sue Maryland Over Cannabis Licensing

June 19, 2025

Missouri Hemp Groups Seek to Deregulate Cannabis via Ballot Initiative

June 19, 2025

Comments are closed.

Our Picks

Australian Publishers Face Legal Action for Cannabis Advertisements

June 20, 2025

Hemp Companies Sue Maryland Over Cannabis Licensing

June 19, 2025

Missouri Hemp Groups Seek to Deregulate Cannabis via Ballot Initiative

June 19, 2025

Maine Credit Union Dropping Medical Cannabis Caregiver Accounts

June 18, 2025
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Don't Miss
Business

Australian Publishers Face Legal Action for Cannabis Advertisements

By adminJune 20, 20250

The Australian Therapeutic Goods Administration (TGA) — the country’s agency for monitoring, assessing, and regulating…

Hemp Companies Sue Maryland Over Cannabis Licensing

June 19, 2025

Missouri Hemp Groups Seek to Deregulate Cannabis via Ballot Initiative

June 19, 2025

Maine Credit Union Dropping Medical Cannabis Caregiver Accounts

June 18, 2025

Subscribe to Updates

Get the latest creative news from Smoke Unlimited about Weed & CBD vaping.

From Our Partners
About Us
About Us

Get all the current news stories, latest trends and legislation regarding cannabidiol, products, usages and its benefits. So don’t miss out any buzz and stay tuned! We offer a minute to minute updates regarding Marijuana industry.

Facebook X (Twitter) Instagram Pinterest
Our Picks

Australian Publishers Face Legal Action for Cannabis Advertisements

June 20, 2025

Hemp Companies Sue Maryland Over Cannabis Licensing

June 19, 2025

Missouri Hemp Groups Seek to Deregulate Cannabis via Ballot Initiative

June 19, 2025
Sponsors
Copyright © 2025. SmokeProfessional
  • Home
  • Contact
  • Privacy Policy
  • Terms & Conditions

Type above and press Enter to search. Press Esc to cancel.