Despite the rapid growth of the cannabis industry, banks have been reluctant to provide financial services to cannabis-related businesses. Banks and other financial institutions fear that providing financial services to those in the cannabis industry could violate federal criminal laws and financial regulations such as “The Bank Secrecy Act” (“BSA”)…
Lindabury, McCormick, Estabrook & Cooper, P.C.
Murphy Administration Strikes Deal Concerning Proposed Legislation to Legalize Adult-Use Marijuana in New Jersey
UPDATE: “The much-anticipated vote, tentatively scheduled for Monday afternoon in both the General Assembly and the state Senate, was called off when it became clear there were not enough votes in the Senate to pass it.” Read full coverage at ROI-NJ.com Governor Phil Murphy, Senate President Steve Sweeney, Assembly Speaker…
Is CBD Legal in New Jersey? – The ABC’s of CBD
Marijuana comes from plants that have hundreds of chemicals known as cannabinoids. The two most notable cannabinoids are the psychoactive Tetrahydrocannabinol (“THC”) and the non-psychoactive Cannabidiol (“CBD”). Hemp, while also derived from the cannabis family, has virtually no THC present thereby causing no psychoactive effect. The Controlled Substances Act (“CSA”)…
Recreational Marijuana Bill Stalls, But Employers Should Nevertheless Brace For Its Passage
On November 26, 2018 a Joint Committee of New Jersey lawmakers advanced a bill that would legalize recreational marijuana use in the state. Although the bill had widespread support, including from Gov. Murphy, disagreements among Senate Democrats over the percentage of state taxes on marijuana stymied the vote on the…
Transferring a Liquor License in New Jersey – “33” License
Liquor licenses are state-issued licenses that enable your business to legally sell alcohol. The laws around liquor licenses vary by state and New Jersey has some of the most restrictive liquor license laws in the nation (along with being some of the most expensive). In New Jersey, the Division of…
Thinking About Getting Re-Married? You Might Want To Roll Over What’s In Your 401(k)
Nearly all 401(k) plans are governed by the Employment Retirement Act of 1979 (“ERISA”). ERISA regulates pension, health & welfare, and other employee benefits including 401(k) programs. Under ERISA, if owner of an ERISA-governed 401(k) plan dies, their surviving spouse is automatically entitled to 401(k) benefits at the time death,…
New Jersey Assembly Makes Headway on Bill to Eliminate Craft Brewery Tour Requirement
Good news is a brew for New Jersey craft beer advocates. In February 2018, the New Jersey Assembly’s Agriculture and Natural Resources Committee paved the way for the introduction of Bill A2196, which would remove a current licensing rule requiring breweries and distilleries to provide a tour of their facilities…
New Jersey’s Spill Act and Concepts of Equity
On March 3, 2017, the Appellate Division of the New Jersey Superior Court upheld a Chancery Court’s determination requiring parties to participate in an investigation of contamination despite the fact that there was no evidence linking any of the parties to the contamination. Matejek v. Watson, et al., Dkt No.…
A “SEP” in the Right Direction, Part 1
Why in the aftermath of a chemical accident does the government seek enormous cash penalties for accident prevention, when instead they could do more to reap the benefits of improving the environment and the communities surrounding an incident, and at the same time the government could be more proactive in…
“Pet Trusts”: Providing For Your Pets After Death
In today’s society, it’s becoming increasingly common for our pets to be treated as part of the family…but what happens to your pet or pets upon your death when you are no longer there to care for them? In the eyes of the law, animals are considered property…so you can’t…