News

Jennifer Krimko Quoted in NJ.com Article About the Rezoning of a Historic Golf Course

Ansell Grimm September 7, 2023

The Old Orchard Country Club in Eatontown is moving closer to its transformation into an age-restricted housing development with open space and commercial uses on the highway. A recent ordinance amendment established new zoning regulations for the 94-year-old golf course, allowing up to 145 age-restricted, single-family homes with amenities off of Route 71 (Monmouth Road) and commercial development on Route 36. The firm, through Shareholder Jennifer S. Krimko represents the contract purchaser and future developer of Old Orchard. She addressed the Council at the hearing on the Ordinance and her sharing her statements on the zoning framework and the balance being struck between her client and the community is highlighted in this NJ.com article.

Jennifer is co-chair of Ansell.Law’s Land Use & Zoning Department. Our attorneys assist clients in navigating land development. They offer thorough advice on zoning due diligence and development prospects, managing the process from planning to compliance. From small renovations to large commercial projects, our attorneys are prepared to guide clients through the approval process. Please contact Jennifer for more information.

Joshua Bauchner Presenting During the New Jersey League of Municipalities Conference

Ansell Grimm September 7, 2023

Shareholder Joshua Bauchner will join a panel of experts presenting “The Municipal Cannabis Matrix Reloaded” at the New Jersey League of Municipalities Annual Conference in Atlantic City, November 14-16, 2023. The largest municipal gathering in the nation, this conference provides New Jersey’s local government officials and professionals with extensive learning opportunities, meaningful networking, and a comprehensive showcase of the latest product innovations.

The panel will provide a brief introduction to municipal cannabis before a discussion with city leaders exploring what is and is not working in their cities. Joshua will share insights on how to avoid municipal cannabis litigation. The panel will also address a checklist for governing bodies to consider when drafting or amending cannabis ordinances, police enforcement, smoke-free laws, and cannabis taxation for municipal tax assessors and CFOs. Learn more and register here.

Joshua leads Ansell.Law’s dedicated Controlled Substances & Regulatory Law Practice Group. Our attorneys understand the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substance law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. We are prepared to assist in all aspects of this emerging field and are committed to helping our clients understand their rights and opportunities in this complex and evolving area of law. Please contact Joshua for additional information.

Joshua Bauchner Quoted in New Jersey Monitor Article

Ansell Grimm August 31, 2023

Shareholder Joshua Bauchner is quoted in a New Jersey Monitor article discussing the recent decision impacting New Jersey law enforcement officers’ rights to use cannabis when not on duty. The closely watched case of wrongful termination resulted in a win for police officers who want to use cannabis legally while off duty. The conflict between state and federal law makes this a complex and nuanced issue. Read the article.

Controlled Substances & Regulatory Law August Update

Ansell Grimm August 11, 2023

In the rapidly evolving area of controlled substances law, our attorneys are at the forefront of recent developments and important issues affecting business owners in this exciting space. Read below to learn more.

New Lawsuit Challenges Unconstitutional Bureaucratic Overreach by New York Cannabis Regulators

A new lawsuit challenges unconstitutional overreach by NY cannabis regulators that has delayed or denied dispensary licenses for hundreds of qualified applicants. Read More.

New York’s Cannabis Control Board Approves New Regulations for Select Cannabinoid Products

To curtail the largely uncontrolled New York market of hemp-derived cannabinoids, state regulators recently approved new regulations. However, these regulations are having an immediate negative impact on thousands of small businesses. Read More.

Ansell Law’s New York Controlled Substances and Regulatory Law Capabilities

In addition to our strong foothold navigating New Jersey’s controlled substances industry, Ansell Law has a New York presence where we assist clients seeking a Conditional Adult-Use Retail Dispensary (CAURD) license. Read More.

New Cannabis License Categories Will Become Available in New Jersey

Beginning September 27, 2023, the New Jersey Cannabis Regulatory Committee (“CRC”) will open three new adult-use cannabis license categories- Wholesaler, Delivery, and Distribution- in the Garden State. Read More.

New Coalition Ups Pressure to Reschedule Cannabis From List of Controlled Substances

A new coalition of cannabis lawyers, researchers, activists, and businesses is ramping up pressure on the Biden Administration to either remove cannabis from the Controlled Substances Act’s list of controlled substances or reschedule it to a lower tier. Read More.

In Major Advancement, FDA Issues First-Ever Draft Guidance on Clinical Trials for Psychedelic Drugs

In a significant step that offers the promise of new medical treatments and advancements, the U.S. Food and Drug Administration issued its first-ever guidance for those wishing to study and test psychedelics for medicinal use. Read More.

Firm News

Joshua S. Bauchner and Kelsey M. Barber, two attorneys in our Controlled Substances and Regulatory Law Group, will present during the National Business Institute’s Marijuana Business Operations in New Jersey seminar on August 21, 2023. They will address critical human resources, labor, and employment issues affecting cannabis and marijuana businesses operating in New Jersey. Bauchner and Barber also will provide an ethics presentation exploring rules of professional conduct, the duty to pursue justice, attorney use of cannabis, and attorney ownership of cannabis businesses.

The full-day seminar will be offered live online on August 21, 2023, and available to view on demand. Learn more and register for this information-packed program presented by cannabis industry leaders.

Bauchner also contributed to the book “New Jersey Cannabis Regulation,” published by LexisNexis, which focuses on marijuana laws and regulations as interpreted by NJ courts. The book is available to order.

Ansell Law’s dedicated Controlled Substances & Regulatory Law Practice Group has an in-depth understanding of the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substances law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. Our attorneys are prepared to assist in all aspects of this emerging field. We are committed to helping our clients understand their rights and the opportunities in this complex and evolving area of law. For additional information, please contact Joshua S. Bauchner or Kelsey M. Barber at (973) 247-9000.

New Lawsuit Challenges Unconstitutional Bureaucratic Overreach by New York Cannabis Regulators

Ansell Grimm August 8, 2023

Creation of Unauthorized CAURD Licensing Category Has Delayed or Denied Licenses for Hundreds of Qualified Applicants

On August 2, 2023, a complaint was filed in the New York Supreme Court seeking to reverse the state’s regression from bureaucratic oversight to bureaucratic overreach regarding the regulation of its adult-use cannabis market. Filed on behalf of four service-disabled veterans who planned to pursue adult-use dispensary licenses, the suit asserts they were unfairly prejudiced by the actions of the state’s Office of Cannabis Management (OCM) and Cannabis Control Board (CCB) when those agencies unconstitutionally assumed the Legislature’s role by supplanting their own social and economic policies for those of New York’s elected officials.

The complaint illustrates a common and concerning issue that has arisen in several East Coast states that have legalized recreational marijuana in recent years. Specifically, the institution of regulatory schemes of dubious legality that have delayed the creation and implementation of well-regulated and equitable cannabis markets as set forth in the legislation authorizing those markets. These transgressions have led authorities to spend their time and resources engaged in artificial and harmful enforcement actions against individuals simply attempting to avail themselves of legalization’s intended opportunities and benefits.

CAURD License Scheme Unauthorized by Legislature

In this case, the plaintiffs are challenging the OCM’s and CCB’s creation of an entirely new licensing category called the Conditional Adult-Use Retail Dispensary (the “CAURD”) license. As outlined in the complaint, those bodies improperly limited eligibility for this special, yet legally impermissible, license category to only “justice-involved individuals” who own a profitable “qualifying business.” Subsequently, they opened the adult-use retail dispensary application period for only those individuals that qualified as CAURD applicants. This action indefinitely postponed the licensing of hundreds of additional dispensaries necessary to satisfy consumer demand, including licenses the plaintiffs intended to seek.

Accordingly, the plaintiffs are asking the court to enter an order declaring OCM’s CAURD license an unconstitutional licensing category that violates New York’s Marihuana Regulation and Taxation Act and contravenes New York’s separation of powers doctrine. They also ask the court to indefinitely enjoin OCM and CCB from awarding or further processing any more CAURD licenses and/or authorizing any more CAURD licensees to open adult-use retail dispensaries.

On August 7, 2023, the court entered a temporary restraining order prohibiting OCM and CCB from awarding or further processing any more CAURD licenses and/or conferring operational approval upon any more provisional or existing CAURD licensees. The litigation remains pending.

Ansell’s dedicated Controlled Substances & Regulatory Law Practice Group has an in-depth understanding of the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substances law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. Our attorneys are prepared to assist in all aspects of this emerging field. They are committed to helping our clients understand their rights and opportunities in this complex and evolving area of law. For additional information, please contact Joshua S. Bauchner at (973) 247-9000 or jbauchner@ansell.law.

New York’s Cannabis Control Board Approves New Regulations for Select Cannabinoid Products

Ansell Grimm August 8, 2023

During a contentious assembly late last month, New York’s Cannabis Control Board (“CCB”) approved emergency regulations limiting the amount of THC allowed in products containing potentially intoxicating hemp-derived cannabinoids and banning some cannabinoids altogether.

Under the approved regulations, edible products must have a 15-to-1 ratio of CBD to THC and are limited to no more than 10 milligrams of THC per package and 1 milligram per serving. Retailers are also forbidden from selling products with more than 0.5 milligrams of THC to anyone younger than 21.

The new rules also ban Delta-8 THC, THC-A, and THC-O.

Until recently, companies selling hemp-derived cannabinoids could legally sell products containing the same amount of THC as those sold at licensed adult-use dispensaries.

New York regulators hope the move will ultimately curtail the largely uncontrolled market of hemp-derived cannabinoids, encompassing intoxicating delta-8 and delta-9 THC, alongside CBD. However, in the process, thousands of tax-paying small businesses throughout the State were suddenly rendered illegal, risking raids, seizures, fines, and closure. The ever-shifting regulatory landscape in the State continues to challenge operators seeking to engage in legal sales. More litigation against the OCM is sure to follow, further delaying the development of a lawful marketplace.

Our Controlled Substances and Regulatory Practice attorneys understand the complex laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. A multifaceted area of the law with conflicting regulations from different governing bodies, we help our clients navigate all aspects of this emerging field. We are committed to helping our clients understand their rights and opportunities in this evolving area of law.

Ansell.Law Welcomes New Attorney

Ansell Grimm July 5, 2023

Ansell.Law is pleased to announce that Nicole Benis has joined the firm’s Ocean office as an associate attorney. Her practice encompasses a range of complex commercial and civil litigation matters.

While earning her law degree from Seton Hall University School of Law, Benis served the Seton Hall Law community as a Student Mentor and a Student Bar Association member. She also served as a member of Seton Hall Law’s Center for Social Justice, Health Justice Clinic, representing clients in various matters.

About Ansell.Law

Ansell Grimm & Aaron, PC was founded in 1929 and has a long history of delivering for clients who come to us to resolve legal matters that are often urgent, stressful, and of great importance. A general practice law firm, we are powered by experienced attorneys who understand that the best outcome is the one that serves the needs of each client.

Ansell.Law Attorneys Secured Numerous Successful Client Outcomes in Q2 2023

Ansell Grimm June 29, 2023

Ansell.Law attorneys are laser-focused on achieving our clients’ goals. We listen to our clients and craft compelling legal strategies to preserve their business interests. A sampling of our recent successes follows.

Commercial Real Estate

Jonathan Sherman, in collaboration with Melanie Scroble, successfully negotiated multiple commercial leases for cannabis retail in various cities, including Verona and East Orange, New Jersey. In a separate matter, Jonathan successfully completed a corporate restructure for his clients, enabling each LLC member to effectively execute a 1031 Exchange and achieve their desired financial goals.

Jonathan presented to over 100 realtors, providing valuable insights into using the 1031 Exchange process and Delaware Statutory Trust. Jonathan and Melanie Scroble partnered to deliver an informative Commercial Zoom series to more than 100 realtors, covering the acquisition, sale, and leasing of commercial real estate.

Jonathan also shared his expertise at a Coldwell Banker roundtable. Engaging with over 50 residential and commercial brokers, the discussion revolved around the intricacies of buying multi-family properties in New Jersey.

Litigation

Joshua Bauchner, Layne Feldman, and Anthony Sango obtained dismissal of a counterclaim on behalf of our client, a well-known real estate development firm, in the Superior Court of New Jersey, Mercer County. The counterclaim alleged breach of contract, fraud, and negligent misrepresentation. AGA successfully argued that subsequent amendments to the parties’ original agreement defeated the defendants’ counterclaims as a matter of law, securing a dismissal with a prejudice precluding amendment.

Gabriel Blum and Seth Rosenstein secured summary judgment in favor of a firm client in a complex design and construction defect case. The firm convinced the Court that our client only provided job site materials and did not engage in construction work, contrary to the allegations in the Complaint. As New Jersey trial courts often disfavor granting summary judgment, this was a significant win for our client and saved them ongoing defense costs.

Anthony D’Artiglio and Joshua Bauchner successfully represented the purchaser of a substantial portion of an ice cream company’s assets with numerous locations throughout New York and New Jersey. The ice cream company entered into an assignment for the benefit of creditors proceeding where our client won the bid to purchase its IP and equipment while assuming multiple lease locations. We guided the purchaser through the sale’s confirmation, including addressing multiple issues related to liens, transfer of the IP, and landlord disputes.

Joshua Bauchner, Anthony D’Artiglio, and Brian Ashnault are representing a large property management company in a condemnation case in which a New York state agency is acquiring two permanent easements from a Bronx warehouse owned by the client. AGA is guiding its client through the pre-litigation stages of the condemnation process and seeks to secure a multi-million-dollar fair market value award in New York Supreme Court.

Joshua Bauchner, Layne Feldman, and Brian Ashnault obtained dismissal of a counterclaim filed against our client, a retail brokerage firm, in the Superior Court of New Jersey, Bergen County. The counterclaim sought a declaratory judgment regarding a brokerage listing agreement, deeming it unenforceable. AGA successfully argued that the counterclaim did not state sufficient facts and that the legal arguments failed as a matter of law, securing a dismissal with a prejudice precluding amendment.

Other litigation victories include:

Secured possession of a luxury home in Westchester County after years of litigation and compelled a highly favorable settlement, resulting in a windfall for clients and strong profit after selling the property to a third-party purchaser.
Obtained a highly favorable settlement for a contractor client after the homeowner sued, alleging breach of contract and consumer fraud in connection with constructing a pool deck. The firm’s efforts minimized the out-of-pocket costs for the contractor, with its insurance carrier paying most of the limited settlement sum.
Successfully prosecuted action on behalf of an automobile repair shop against a vehicle owner who refused to pay for charges after his insurance carrier failed to extend coverage. The settlement reached was significant and avoided the costs related to protracted litigation.
Initiated litigation against a multinational financial consultancy firm under the Fair Credit Reporting Act following the dissemination of inaccurate information concerning a client. The action was settled pre-litigation on favorable terms to the client.
Filed action on behalf of local businesses after a nationwide energy supplier substantially overbilled for provided electricity. After limited discovery, the firm’s efforts resulted in a substantial monetary payment to the local businesses.
Represented a local property developer in securing declaratory relief pertaining to a shopping center and certain master deed restrictions, permitting the construction and operation of a well-known gas station and convenience store at the subject property.

Congratulations to Joshua S. Bauchner on His Achievements as the New Jersey State Bar Association’s Cannabis Law Committee Co-Chair

Ansell Grimm June 9, 2023

Ansell Grimm & Aaron, PC congratulates shareholder Joshua S. Bauchner on his many achievements as co-chair of the New Jersey State Bar Association’s Cannabis Law Committee. Along with co-chair Lisa A. Gora, a partner at Epstein Becker & Green, Joshua led the Committee in making significant advancements, including:

Hosting eight CLEs at the Law Center on a range of cannabis-related topics.
Hosting three CLE panels at the State Bar Convention.
Expanding the Committee to include psychedelics.
Preparing two Reports and Recommendations to the New Jersey Cannabis Regulatory Commission on its initial Rules and Regulations.

The Committee also laid the groundwork for new initiatives in the 2023-2024 term, including promoting expungements of cannabis-related convictions and developing guidelines for Workplace Impairment Recognition Experts (WIREs).

We commend Joshua Bauchner and Lisa Gora, and all of their colleagues on the Committee, and thank them for their leadership and commitment to the practice of controlled substance and regulatory law. You can read their letter to the Committee here.

The New Jersey State Bar Association’s Cannabis Law Committee was formed to bring together attorneys to examine the many legal issues that stem from the medicinal and adult-use access to cannabis.

As one of the most rapidly evolving industries today, lawyers in the cannabis space must be educated on licensing, operations, and employment issues such as drug testing. Contact an attorney in our Controlled Substances and Regulatory Law Practice Group with any questions about this emerging area of law.

Ansell Grimm & Aaron Client Secures Cannabis Licenses

Ansell Grimm June 6, 2023

Ansell Grimm & Aaron is pleased to congratulate its latest client on securing a cannabis license from the New Jersey Cannabis Regulatory Commission. Mule Extracts LLC was awarded an Annual Class One Cultivator License.

Our Controlled Substances and Regulatory Practice attorneys understand the complex laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. A multifaceted area of the law with conflicting regulations from different governing bodies, we help our clients navigate all aspects of this emerging field. Contact one of our attorneys if you have questions about this evolving area of law.

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