ANSELL GRIMM & AARON NEWSLETTER NOVEMBER 2021

Posted on November 1st, 2021

Jennifer Krimko Secures Variance for New Tesla Gallery and Service Facility

Jennifer Krimko, a Shareholder and Co-Chair of the Firm’s Land Use and Zoning Department, recently represented the property owners for the upcoming Tesla automobile gallery and factory-authorized service facility in Eatontown. The project required approval by the Eatontown Zoning Board of Adjustment because car sales are not permitted in the borough’s zoning rules. In addition to the selling and servicing of electric vehicles, the store will provide a free-standing charging station open to the public along the Route 35 corridor.

 

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David Zolotorofe Leads Woodland Park Commercial Real Estate Team in Multiple Transactions

Commercial Real Estate Development Attorney David ZolotorofeDavid Zolotorofe, Managing Partner of the Firm’s Woodland Park office, Melanie Scroble and Jessica Zolotorofe, of the Firm’s Commercial Real Estate Department in Woodland Park, New Jersey, served as counsel to ARCTrust Properties in the leasing and refinancing of the newly renovated Eatontown Plaza Shopping Center in Eatontown, New Jersey tenanted by Target, Best Buy, Total Wine, TJ Maxx, Party City, Chick-fil-A, Wells Fargo and Sleep Number Stores. The refinance loans with Provident Bank were made in conjunction with the construction expansion and renovation of the Shopping Center. Mr. Zolotorofe also served as lead counsel to a subsidiary of  ARCTrust Properties in the leasing and subsequent disposition of the former K-Mart Shopping Center located in Sayville, New York.

 

Joshua Bauchner Talks Cannabis with New Jersey Law Journal

NJ Bankruptcy AttorneyOn Monday, October 18, 2021 Joshua Bauchner, a Shareholder who serves as both Co-Chair of the Litigation Department and head of the Cannabis Law Practice Group, was featured in the New Jersey Law Journal’s weekly Bar Report. The Bar Report spoke with NJSBA Cannabis Law Committee Co-Chairs Joshua  Bauchner and Lisa Gora about the legal landscape surrounding the new state cannabis law and what can be expected in the early days of this new industry. The Report includes a Q&A that touches on the new law’s impact on attorneys, opportunities for New Jersey entrepreneurs, municipal involvement, and current expected timelines. A copy of the Report can be viewed here.

 

 

Michael Benedetto Leads Commercial Real Estate Department in Closing over $250 Million in Multi-State Transactions

NJ Commercial Real Estate AttorneyMichael Benedetto, Managing Shareholder and Co-Chair of the Commercial Real Estate Department, led the real estate team to close over $250 million in multi-state transactions, serving as lead counsel in numerous transactions, including: (i) representing the seller in the sale of property for an approved 400 Unit multifamily development located in central New Jersey with assistance from Jason Klein; (ii) representing the seller in the sale of a seven property self-storage property portfolio to a REIT with assistance from James Sylvester of the Firm’s Corporate, Finance & Banking Department, and Jessica Zolotorofe; (iii) representing the purchaser in the acquisition and simultaneous financing of a 312 unit multi-family apartment complex located in South Carolina, with assistance from Mr. Sylvester; (iv) representing the purchaser in the acquisition and simultaneous financing of a 123 unit multi-family apartment complex located in the State of Florida, with assistant from Mr. Sylvester, as well as Melanie Scroble and Ms. Zolotorofe; (v) representing the seller in the sale of a retail Rite Aid location in the State of Michigan; (vi) representing the seller in the sale of a retail Walgreens location in the State of Tennessee; and (vii) representing various developers in multiple ongoing redevelopment projects throughout New Jersey.

 

Rick Brodsky Secures Planning and Zoning Approvals Across New Jersey

NJ Real Estate Tax Appeal AttorneyRick Brodsky, a Shareholder and Co-Chair of the firm’s Land use and Zoning Department and Real Estate Tax  Appeal Department, recently secured several approvals from Zoning and Planning Boards across New Jersey. The Red Bank Zoning Board approved the significant headquarters expansion for Lunch Break, a not for profit that for nearly 40 years has provided food, clothing, life skills and fellowship to residents of Monmouth County, and of which Mr. Brodsky serves as a member of the Board of Trustees. Mr. Brodsky also secured preliminary and final major site plan approval from the Tinton Falls Planning Board, with use and bulk variances, for the construction of three (3) warehouse/flex space buildings, consisting of 80,000 square feet, on an existing vacant, wooded parcel, together with associated site improvements including outdoor storage, landscaping, lighting, utilities loading and parking spaces, access driveway and storm water management system. Mr. Brodsky also recently secured preliminary and final major subdivision approval, with variances, from the Middletown Planning Board, to subdivide an existing 38 acre parcel into 6 building lots for single family residential homes and one non-buildable lot containing wetlands and sanitary and utility easements.

 

Melanie Scroble Closes Over $50 Million in Transactions Involving Retail CVS Properties and Mavis Tire Retail Stores

NJ Commercial Real Estate AttorneyMelanie Scroble, a Shareholder of the Firm’s Commercial Real Estate Department, with assistance from Jessica Zolotorofe, of the Firm’s Woodland Park office, served as lead counsel in the following matters: (i) representing a borrower in a multi-million-dollar refinance of four CVS retail properties located throughout the State of Virginia with Towne Bank which included the restructuring of the ownership of the borrower from a Delaware Statutory Trust to a limited partnership; (ii) representing a buyer in the purchase of eight CVS retail properties located nationally in California, Georgia, Indiana, and Missouri, which included the acquisition of the membership interest and assumption of the existing mortgage loan and subsequent closings for the defeasance, refinance, and resale of several of the properties; and (iii) representing a buyer and landlord in the purchase and leaseback of four Mavis Tire retail stores located in New Jersey and Pennsylvania with subsequent closings for the mortgage financing with Prudential Bank and OceanFirst Bank. Ms. Scroble and Ms. Zolotorofe also served as lead counsel to the purchaser of a multi-million-dollar acquisition of a residential apartment building located in Union County, New Jersey and related financing with Northfield Bank.

 

Robert Honecker Featured in Film on Impact of 9/11 on Monmouth County

NJ Criminal Defense LawyerRobert Honecker, a Shareholder who specializes in criminal and municipal court defense in the firm’s Ocean office, was recently featured in the documentary Monmouth County, 9/11, and Its Aftermath. The film was produced by the Monmouth County Clerk’s Office, in partnership with the Monmouth County Historical Association with support from Monmouth University, to commemorate the 20th anniversary of the September 11, 2001 terrorist attacks on the United States of America. It incorporates archival records and original interviews with Monmouth County, New Jersey residents impacted by the events of 9/11 to preserve the history of Monmouth County, New Jersey, 9/11, and its aftermath. The documentary can be viewed here.

 

 

 

Jason Klein Handles Closing for Multi-Family Units in Monmouth and Essex County and Multi-Unit Quick Service Restaurants

NJ Commercial Real Estate AttorneyJason Klein, a Shareholder of the Commercial Real Estate Department and Corporate Department, led the real estate team to close over 25 million dollars in multi-family apartment units serving as lead counsel in the following matters: (i) representing a Buyer in the acquisition of two multi-family apartment units in Monmouth County consisting of 96 total units with related financing from OceanFirst Bank; and (ii) representing a Buyer in the acquisition a 28-unit multi-family apartment building in Essex County with related financing from ConnectOne Bank. Mr. Klein also led the corporate department in connection with two multi-unit quick service restaurant transactions serving as lead counsel in the following matters: (i) representing a buyer in the acquisition of three quick service restaurants in the Fredericksburg, Maryland area; and (ii) representing a seller in the acquisition of three quick services restaurants in the Springfield, Pennsylvania area.

 

Zachary Windham Discusses Personal Use Cannabis Rules in the New Jersey Law Journal

On Monday, October 18, 2021, the New Jersey Law Journal published HIGH-lights: A Look at Personal Use Cannabis Rules Adopted by the Cannabis Regulatory Commission. The article, a collaboration between Zachary Windham, of the Firm’s Cannabis Law Practice Group, and Lisa Gora, of Wilentz, Goldman & Spitzer, focuses on the upcoming adult-use application process in light of the initial regulations released by the Cannabis Regulatory Commission. The article discusses who will receive “prioritization” in the application process and the impact of receiving such priority, as well as surmising when and what to expect for application submission window(s) given the limited details on the topic within the Commission’s initial rules. A copy of the article can be found here.

 

 

Seth Rosenstein Represents Clients Whose Vacation Home Was Ravaged by Fire

Seth Rosenstein of AGA’s Woodland Park and White Plains offices, recently represented vacationers whose rented waterfront home caught fire with the clients inside. While the landlord contended that the clients did not properly extinguish the fireplace, Mr. Rosenstein asserted counterclaims and third-party claims upon learning that the outdoor fireplace was not code compliant and missing a grate that would have held embers in the fireplace, as well as the fact that the property did not feature working smoke detectors.  Following a review of the homeowners’ insurance policy for the clients’ parents’ home where they reside, Mr. Rosenstein assisted the clients in successfully obtaining coverage and indemnity.  After extensive efforts, the carrier paid (i) all attorneys’ fees and costs expended, (ii) all expert fees and costs expended, and (iii) for all property lost in the fire.  Together with a settlement as to the counterclaims and third-party claims, Mr. Rosenstein’s clients recovered over six-figures.

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Roy Hibberd Honored as Outstanding Volunteer by Philly VIP

On October 12, 2021 firm member and corporate counsel, Roy Hibberd, was honored by the Philly VIP at their 2021 Awards Night. Along with a number of other attorneys from the greater Philadelphia area, Mr. Hibberd was recognized as an outstanding volunteer and a member of the Pandemic Response Team for his assistance in providing legal services to clients of Philly VIP. More particularly, Mr. Hibberd has provided assistance to various low-income entrepreneurs and not-for-profit organizations with regard to business planning, intellectual property and various commercial business matters since becoming an attorney volunteer with Philly VIP in 2015.x

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Cannabis CLE

On Thursday, October, 28 2021 Joshua Bauchner served as the co-Program Chair for the New Jersey State Bar Association’s Cannabis Law Committee’s seminar to discuss The latest developments in cannabis law, including the Cannabis Regulatory Commission’s initial regulations for the industry. In addition to the personal use cannabis regulations, there will be a panel of township officials to discuss Municipalities and Town Councils, as well as a discussion of corporate and real estate transactions; whether that be the acquisition or disposition of a cannabis operation or the real estate considerations when acquiring real property for, and when leasing to or by, a cannabis operation. For more information and to register for the NJICLE Seminar – Latest Developments In Cannabis Law click here.

Cannabis Law October Update

Posted on October 19th, 2021

New Jersey Weekly Bar Report

On Monday, October 18, 2021, the New Jersey Law Journal’s weekly Bar Report spoke with NJSBA Cannabis Law Committee Co-Chairs Joshua S. Bauchner, Esq. (of Ansell Grimm & Aaron, PC) and Lisa Gora, Esq. (of Wilentz, Goldman & Spitzer, PA) about the legal landscape surrounding the new state law and what can be expected in the early days of this new industry. The Report includes a Q&A that touches on the new law’s impact on attorneys, opportunities for New Jersey entrepreneurs, municipal involvement, and current expected timelines. A copy of the report can be viewed here.

 

Cannabis Regulatory Commission Meeting

On Friday, October 15, 2021, the New Jersey Cannabis Regulatory Commission held a meeting during which they voted on and issued recommendations for applicants for Cultivator and Vertically Integrated Licenses as part of the 2019 RFA round. The Commission did not take any action with regard to applicants for Dispensary Licenses. Initially, it was expected that five (5) Cultivator Licenses and four (4) Vertically Integrated Licenses would be awarded. At the meeting, the Commission announced that they would be recommending double the number of Cultivator Licenses. The Commission stipulated that these Cultivator Licensees will need to operate for one (1) year prior to being able to begin adult-use sales. A recording of the meeting will be available on the Commission’s website shortly.

 

New Jersey Law Journal

On Monday, October 18, 2021, the New Jersey Law Journal published HIGH-lights: A Look at Personal Use Cannabis Rules Adopted by the Cannabis Regulatory Commission. The article, a collaboration between Zachary L. Windham, Esq., of Ansell Grimm & Aaron, PC and Lisa Gora, Esq., of Wilentz, Goldman & Spitzer, PA, focuses on the upcoming adult-use application process in light of the initial regulations released by the Cannabis Regulatory Commission. The article discusses who will receive “prioritization” in the application process and the impact of receiving such priority, as well as surmising when and what to expect for application submission window(s) given the limited details on the topic within the Commission’s initial rules. A copy of the article can be found here.

 

2018 RFA Awards Still Outstanding

 Despite the Commission’s award of 14 new licenses to applicants from the 2019 RFA, the results of the 2018 RFA are still pending. It has been nearly three (3) years since several rejected applicants filed suit against the state due to lack of transparency and endemic errors in the scoring process implemented by the Department of Health. Last November, a three-judge appellate court vacated the initial 2018 awards and ordered the DOH to develop a new rating system for applications and to increase transparency. The responsibility for reevaluating these applications has been transferred to the Cannabis Regulatory Commission. The Commission has stated that the 2018 RFA applications are still under review. Appellants recently wrote the CRC requesting information on resolving this three-year old matter, however there is no indication of when this review might be completed.

 

Cannabis Regulatory Commission Cannabis Informational Webinar

On Wednesday, October 13, 2021, the New Jersey Cannabis Regulatory Commission held an informational webinar. During the webinar, the Commission briefly explained the equity and safety provisions in the initial rules as well as providing general guidance for municipalities. The Commission also discussed basic application requirements and what preliminary steps businesses can take to prepare for applying. The biggest news from the webinar was likely the Commission’s statement that Class 5 Retail License holders will be permitted to provide delivery services for their own products without holding a separate Class 6 Delivery Service License. A recording of the webinar can be viewed here.

 

NJSBA CLE:  Latest Developments In Cannabis Law

On Thursday, October, 28 2021 the New Jersey State Bar Association’s Cannabis Law Committee will be hosting a seminar to discuss The Latest Developments In Cannabis Law, including the Cannabis Regulatory Commission’s initial regulations for the industry. In addition to the personal use cannabis regulations, there will be a panel of township officials to discuss Municipalities and Town Councils, as well as a discussion of corporate and real estate transactions; whether that be the acquisition or disposition of a cannabis operation or the real estate considerations when acquiring real property for, and when leasing to or by, a cannabis operation.

 

Program Chairs are Joshua S. Bauchner, Esq. of Ansell Grimm & Aaron, PC, and Lisa Gora, Esq. of Wilentz, Goldman & Spitzer, PA. Speakers will include John Barree AICP, PP of Heyer, Gruel & Associates, Jack Fersko, Esq. of Greenbaum Rowe Smith & Davis, LLP, Mollie F. Hartman Lustig, Esq. of Cappuzzo, PC, Michael A. Hoffman, Esq. of The Hoffman Centers, PC, Mayor Ryan Martinez of Butler, Morris County, Ronald P. Mondello, Esq. of Law Offices of Ronald P. Mondello, Robert E. Schiappacasse, Esq. of Sills Cummis & Gross P.C, Mayor Domenick Stampone of Haledon, Passaic County, and Sarah Trent, Founder and CEO of Valley Wellness.

 

For more information and to register for the NJICLE Seminar – Latest Developments In Cannabis Law click here.

 

Come see us at the CAI Expo on Oct. 21

Posted on October 6th, 2021

AGA’s Community Association Practice Group will be exhibiting at the New Jersey Community Associations 2021 Annual Conference & Expo on October 21st, 2021.

The 2021 CAI Conference & Expo will be held from 8:30 a.m. to 3 p.m. at The Event Center @ iPlay America located at 110 Schanck Road, Freehold, NJ.

CAI’s Annual Conference & Expo provides learning and networking opportunities for homeowners, managers and business partners. Registration is free for all homeowners and community association managers and includes complimentary breakfast and lunch, educational programs, and multiple chances to win $1,000 during the show (must be present to win).

When you are at the expo, please visit us at Booth #823. You can also contact David J. Byrne, Esq., if you wish to set up a meeting with one of our attorneys while you are at the conference. Mr. Byrne can be reached at djb@ansellgrimm.com or by calling 609-751-5551.

Hudson Valley CAI In-Person Expo slated for September 30

Posted on September 16th, 2021

Hudson Valley CAI Chapter President Stacey R. Patterson Esq., and the entire Hudson Valley Board is pleased to announce the return of our IN-PERSON Expo on Sept. 30, 2021 from 10 a.m. to 2 p.m. The Expo will be held at Homewood Suites in New Windsor, NY  Our Hudson Valley vendors from attorneys to accountants, engineers to insurance agents, and everyone in between will be there to welcome back our loyal members and greet new members. The Expo promises to be filled with education and entertainment including interactive games, door prizes, and refreshments.

Ms. Patterson says: “I am looking forward to seeing familiar faces and getting acquainted with the new ones. It’s been way too long since we’ve been able to get together.”

Registration is free and open until the day of the event. Those who register prior to Sept. 23 are eligible for a $200 drawing.

 

Andrea White Joins Family Law Committee

Posted on September 15th, 2021

Andrea B. White, Esq., a partner at Ansell Grimm & Aaron PC, has been appointed to a 3-year term on the  Family Law Committee of the Monmouth Bar Association. The Monmouth Bar Association exists to uphold the honor of the profession of the law, to encourage cordial association among members of the Bar, to coordinate the activities of the members of the Bar and to advance the honor, welfare, service, and enjoyment of its members.

Byrne set to speak at Webinar

Posted on August 12th, 2021

David J. Byrne Esq., Chair of Ansell Grimm & Aaron’s Community Association Law Group, will be a featured presenter at the Community Associations Institute of New Jersey’s Wednesday, August 18th, Webinar.  CAI’s Webinar one-hour Webinar will begin at noon. Mr. Byrne’s presentation will focus on the rights of, and strategies available to, community associations facing demands for accommodations, emotional support and service animals.

Registration is free and currently open for all CAI-NJ members via the CAI-NJ website. Community association managers will receive 1 CEU credit for attending.

Ansell Grimm & Aaron Roundup July 2021

Posted on August 12th, 2021

Mitchell Ansell Featured in Industry Magazine

NJ Criminal Defense AttorneyMitchell Ansell, Shareholder, and Chair of the Criminal Defense Department, recently was featured as a power player by Industry Magazine in their July/August 2021 issue. This inclusion provides an opportunity to more personally know a power player who prides himself on the lasting impact and positive influence he provides to clients.

Industry Magazine covers anything and everything of interest for influential tastemakers and trendsetters across New Jersey and New York, from fashion and entertainment to lifestyle and health, to travel and business. The article is available here.

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NJSBA Submits Report & Recommendations to the NJCRC

The New Jersey State Bar Association’s Cannabis Law Committee provided the New Jersey Cannabis Regulatory Commission (“CRC”) with a report and recommendations regarding the CRC’s implementation of the New Jersey Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”). The report covers a broad range of topics, from macro-issues like marketplace and licensing regulations to more micro-issues related to expungements and CREAMMA’s impact on family law matters. Both Joshua Bauchner and Zachary Windham (pictured) of AGA’s Cannabis Law Practice Group, contributed to the report and recommendations. A copy of the report is available here.

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Michael Benedetto Closes on Ocean Block Lot Sale

NJ Commercial Real Estate AttorneyMichael Benedetto, Managing Partner and President of the Firm, who also serves as the Chair of the Commercial Real Estate Department and the Corporate, Finance, & Banking Department, recently served as counsel to the Seller in an off-market sale of a parcel of property that sits approximately 300 feet from the Atlantic Ocean in Long Branch, New Jersey. The property was the last parcel for an ocean block assemblage of just over 1.8 acres. The purchaser of the property was PV Motel, LLC, an affiliate of Kushner Companies, who reportedly intends to construct an oceanfront hotel on the site along with three other lots which make up the assemblage.

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Joshua Bauchner Featured in Commerce Magazine

NJ Bankruptcy AttorneyJoshua Bauchner, a shareholder who serves as both Co-Chair of the Litigation Department and head of the Cannabis Law Practice Group, was featured in the July 2021 issue of Commerce Magazine as part of the article Cannabis: A Growing Business Sector in the Garden State? Josh was one of several influential attorneys from across New Jersey asked to discuss what this budding industry means for entrepreneurs right now. Commerce Magazine is the flagship publication of the Commerce & Industry Association of New Jersey. The article is available here.x

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Ashley Whitney Files PBA Appeal with NJ Supreme Court

Ashley Whitney of AGA’s Woodland Park office recently filed an appeal with the New Jersey Supreme Court, challenging an opinion from the Appellate Division which upheld the termination of a police officer with no prior discipline for alleged violations of the Criminal Justice Information System through his use of full-disclosure vehicle registration searches despite the police department’s failure to identify a single full-disclosure search conducted without justification.

The Appellate Division’s decision may have a lasting impact upon the law enforcement community as the performance of searches by police has not been significantly addressed by New Jersey Courts since the decision in State v. Donis, 157 N.J. 44 (1998).

The decision is especially pertinent to the issues facing police as it comes on the heels of the Supreme Court’s decision in the matter of In re AG Law Enf’t Directive Nos. 2020-5 & 2020-6, 2021 N.J. LEXIS 486 (June 7, 2021), which upheld the New Jersey Attorney General’s Directives requiring the release of the names of police officers who receive major discipline.

Seth Rosenstein Appointed as FINRA Arbitrator

Seth Rosenstein of AGA’s Woodland Park and White Plains offices was recently appointed a FINRA Dispute Resolution Services Arbitrator. Having practiced in all aspects of securities class action litigation before state and federal courts throughout the United States, as well as representing Fortune 500 financial services companies in arbitration actions brought before FINRA arbitration panels, Mr. Rosenstein will now hear disputes subject to FINRA jurisdiction — which will supplement his unique perspective and experience representing aggrieved investors and financial services professionals. FINRA representation is one component to Mr. Rosenstein’s multi-disciplined practice, which continues to include commercial litigation, cannabis law, and disputes concerning real estate and home improvement contractors.

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Roy Hibberd Counsels Insurance Company Acquisition

Roy Hibberd, corporate counsel in the firm’s Ocean office, recently provided legal counsel to McCue Captains Agency of Little Silver, NJ, in its acquisition by World Insurance Associates LLC. The acquisition was announced on July 1, 2021. As a Top 100 Insurance Brokerage, World Insurance Associates’ acquisition will provide McCue the opportunity to expand their national presence while continuing to provide personalized services in Property, Liability, Life and Benefits insurances for both businesses and individuals.

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Jennifer Krimko Helps Hillel Win Expansion Approval

New Jersey Real Estate AttorneyJennifer S. Krimko, Esq., Co-Chair of the Firm’s Land Use and Zoning Department, recently secured approval for an expansion of the Hillel School campus in Ocean Township, as well as the construction of a new, state-of-the-art firehouse for the Township’s Fire District, at no cost to the taxpayers. The approval includes the construction of: a new, approximately 56,613 square-foot, three-story high school building; approximately 15,872 square foot addition to the school’s early learning center building; and approximately 6,725 square-foot, new fire station building. Additionally, construction of tennis courts, a basketball court, new parking, drainage structures, landscaping, and related site improvements were also approved.

You can view the video of the Board’s decision, including a digital rendering of the expanded facility here.

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Cannabis CLEs

On July 22 Joshua Bauchner participated as an invited speaker for a webinar hosted by the New Jersey State Bar Association’s Cannabis Law Committee. The webinar, The Ins and Outs of Licensing of Recreational Cannabis Businesses in New Jersey, addressed the parameters set out by the New Jersey Cannabis Regulatory Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) and what those parameters mean for potential licensees.
The panel discussed the six classes of licensure, microbusinesses, impact zones, municipal land use, and anticipated regulations from the Cannabis Regulatory Commission (“CRC”).
Josh also moderated a CLE on August 5, 2021, as part of the NJ Society of CPA’s day-long Cannabis Conference. The panel will discuss “The Legal Lifecycle of a Cannabis Business.”

Ansell Grimm & Aaron is Hiring

Ansell Grimm & Aaron PC is seeking a Law Clerk to work in our Real Estate Department. For more information or to apply, please visit us on LinkedIn .

 

Cannabis Law Update

Posted on July 16th, 2021

NJSBA Cannabis Law Committee Issues Report and Recommendations to NJ Cannabis Regulatory Committee

On Tuesday, July 13, 2021, the New Jersey State Bar Association Cannabis Law Committee provided the New Jersey Cannabis Regulatory Committee with a comprehensive Report detailing issues with the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), and proposing recommendations to resolve those concerns.  The Report was presented with the goal of clarifying apparent ambiguities, providing further transparency, and remedying apparent inconsistencies identified in CREAMMA.

In doing so, the Report identifies twelve (12) overarching topics on various issues of concern and provides a recommendation for each; including:  (i) lab testing, (ii) regulation of cannabis, (iii) marketplace regulations of recreational cannabis, (iv) marketplace regulation pertaining to hemp, (v) licensing, (vi) microbusiness and conditional licensing, (vii) municipal/land use, (viii) taxes, (ix) taxes, (x) impact zones, (xi) acute impairment considerations, (xii) expungement, and (xiii) family law considerations.

Ansell Grimm & Aaron attorneys Joshua S. Bauchner, co-chair of the Cannabis Law Committee, and Zachary L. Windham, a committee member, led the effort in conjunction with Lisa Gora, co-chair, and Sarah Trent, secretary.  The Report was informed by the contributions of numerous Committee members across multiple disciplines, as reflected in the appendix.

A copy of the Report is available here:
Report and Recommendations to
NJ Cannabis Regulatory Commission

 

The Ins and Outs of Licensing of Recreational Cannabis Businesses in New Jersey

On Thursday, July 22, the New Jersey State Bar Association’s Cannabis Law Committee will be hosting a webinar to discuss what you need to know about licensing in the State’s new recreational cannabis industry. The webinar will address the industry parameters set out by New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) and what those parameters mean for potential licensees. Topics will include the six classes of licenses, microbusinesses, impact zones, municipal land use, and anticipated regulations from the Cannabis Regulatory Commission (“CRC”). You will hear from Jordan Asch, Esq. of Asch Legal LLC, Joshua S. Bauchner, Esq. of Ansell Grimm & Aaron, PC, Lisa Gora, Esq. of Wilentz, Goldman & Spitzer, PA, Charles Latini of L&G Planning, LLC, and Sarah Trent, Esq. of Valley Wellness.

For more information and NJICLE Webcast- The Ins and Outs of Licensing of Recreational Cannabis Businesses in New Jersey click here.

Ansell Grimm & Aaron’s Cannabis Law Practice helps clients, at every stage of their cannabis business’ development, to navigate the complex legal landscape including production, sale, use, regulation and legalization.  Please contact Joshua S. Bauchner, Esq. (jb@ansellgrimm.com) or Zachary L. Windham, Esq. (zlw@ansellgrimm.com) at (973) 247-9000 for additional information.

 

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Client Alert: Municipalities’ Implementation Of CREAMMA
What You Need To Know

Posted on June 15th, 2021

 

Q. When do we need to decide whether to opt in or out?
A. Municipalities have 180 days from the effective date (February 22, 2021) of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) to opt-out of specific cannabis license Classes, or by August 21, 2021.

Q. What happens if we do not make a decision before the opt-out deadline?
A. If no action is taken, Class 5 license activity (cannabis retailers) will be a conditional use in all commercial zones or retail zones and Class 1, 2, 3, 4, and 6 license activities (cultivator, manufacturer, wholesaler, distributor, & delivery respectively) will be permitted uses in all industrial zones.  In effect, taking no action equates to opting-in.

Q. Can we choose to opt-out of specific license Classes?
A. Yes. A municipality may prohibit the operation of any one or more license Classes. However, the license Class(es) you do permit will fall under the default zoning requirements without additional municipal action.

Q. Can we prohibit adult-use cannabis establishments if we already have an Alternative Treatment Center dispensary in our municipality.
A. Yes. However, a prohibition ordinance could impact the Alternative Treatment Center’s ability to participate in the adult-use cannabis market depending on the license Class(es) you prohibit in the ordinance.

Q. Can we limit the number of licenses of a particular Class?
A. Yes. Municipalities can restrict the number of available licenses for each Class of license permitted in the Municipality.

Q. What sort of distance requirements can we place on cannabis licenses?
A. You can require that cannabis licenses be minimum distances from places like schools, houses of worship, childcare facilities, substance rehabilitation facilities, etc. You can tailor the requirements by cannabis license class or location, requiring licensees maintain a certain distance. You can also require that cannabis licensees be a minimum distance from other cannabis licensees and specify by license class.

Q. Can we regulate the signage/store front of a cannabis licensee?
A. Yes. You can regulate a cannabis establishment’s signage as you would any other business in your municipality.

Q. Can we create a local licensing process for potential licensees?
A. Yes. Municipalities can impose their own local licensing requirements as part of the restrictions on the number of cannabis licenses.

Q. Can we make state licensure a requirement for municipal approval?
A. No. CREAMMA dictates that a municipality shall notify the Cannabis Regulatory Commission that it either approves or denies each application forwarded to it. Therefore, municipal approval is a prerequisite to receiving a state license from the Commission.