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Sheila Mints Presents at New Jersey Cannabis Industry Event

On March 10, 2020, Sheila M. Mints, Chair of the firm’s Cannabis Law Practice, spoke at the NJ Cannabis Insider Live: The Road to Legalization conference.  The conference, co-sponsored by Capehart Scatchard, was held at the New Jersey Convention & Exposition Center in Edison.

Ms. Mints participated in a panel discussion entitled, “Medical Cannabis – The Next Frontier.” The panel discussed the state of medical marijuana in the State of New Jersey as well as cannabis research and the forces shaping it.

Ms. Mints, a resident of Riverton, counsels businesses, public entities, and entrepreneurs interested in entering the multifaceted cannabis market.  Additionally, Ms. Mints Chairs the Healthcare Law Practice where she specializes in healthcare transactional matters, including shareholder and employment agreements, purchases and sales of medical practices, including ACO transactions, and practice mergers.

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Hemp in New Jersey – It’s Legal!

Now removed from the 2018 Farm Bill’s federal controlled substances list, beginning this year (2020) hemp can be treated like any other agricultural commodity in New Jersey. The Garden State is one of the first three states to have its hemp program approved by the United States Department of Agriculture (USDA).  Now the New Jersey Department of Agriculture (NJDA) can start accepting applications.

Here is what you need to know:

1) There are two types of licenses:

a) Grower (Producer) = a business or person who is authorized by the NJDA to cultivate hemp

b) Processor/Handler

i) Processor = Includes, but is not limited to, entities acquiring raw hemp materials and processing them into products.

ii) Handler = Those who possess or store a hemp plant on premises owned, operated, or controlled by a hemp producer for any period of time or in a vehicle for any period of time other than during the actual transport of the plant between premises owned, operated, or controlled by hemp producers or persons or entities authorized to produce hemp pursuant to any federal and state law or rule adopted pursuant thereto. Examples of “handlers” include, but are not limited to, seed cleaners, analytical labs, traders, harvesting entities, brokers, and other service providers.

2) Fees:

The Program establishes a schedule of fees to be paid based upon whether the hemp producer will be growing, processing, or handling hemp. Growers will pay an annual $300 plus $15 per acre fee, handlers will pay a $450 annual fee, and processors will pay an annual fee for each type of hemp component they process. For example, a hemp producer who processes grain ($450) and CBD extract ($1,000) will pay a $1,450 annual fee. Growers are permitted to process and handle their own hemp without paying additional fees. However, once a grower processes or handles hemp from at least one (1) separate hemp producer, the grower must pay applicable processor and handler fees.

3) The NJDA has the following restrictions

a) N.J.A.C. 2:25-2.2 – requires a site modification fee any time a growing site is altered or added to an existing license. This is necessary, so that the Department can submit accurate records to the USDA, which must be kept apprised of the status of all hemp producers and have accurate legal descriptions of all land being used to produce hemp.

b) N.J.A.C. 2:25-2.2 – prohibits public access to hemp, such as hemp mazes or any other recreational activity. The Department deems these measures necessary to prevent members of the public from having unauthorized access to plants and seeds that could be used to cultivate hemp in violation of this chapter.

c) N.J.A.C. 2:25-3.2 – allows the Department to prohibit any hemp, seeds, plantlets, or propagules for any reason. If the Department determines that any particular strain or source for hemp is unreliable, it may be prohibited in order to protect the integrity of the program. Hemp farmers will suffer financial losses for every non-compliant field they must destroy, so it is more efficient to prevent non-compliant hemp from being planted to begin with. If non-compliant hemp is processed into foodstuffs, it could result in State or nationwide recalls.

4) The application must provide the geographical land area on which hemp is going to be cultivated, processed, or handled. The application is tied to a particular building for processing and includes buildings used for processing.

5) Unlike cannabis licenses, at this time the NJDA has not limited the number of licenses they will issue. However, make sure your application is done right as incomplete answers will remove your application from consideration.

6) Upon request by law enforcement, any person transporting hemp or hemp materials shall maintain and prove authorization to engage in the commercial sale of hemp under the NJ hemp program, along with a travel manifest that lists the origin, destination, product description, and date of transport. Third-party carriers are not required to be authorized hemp producers in order to transport hemp.

7) Hemp products may be transported across state lines and exported to foreign countries in a manner that is consistent with federal law and the laws of respective foreign countries under the Agriculture Improvement Act of 2018.

8) Provided the distribution is carried out in accordance with federal and state law, distribution of CBD extract outside of New Jersey is not prohibited if it was grown/processed in New Jersey.

If you are interested in learning more about the hemp application process or submitting an application in New Jersey, please contact me at smints@capehart.com or 856.840.4945.

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Professionals in Cannabis Panel Discussion and Networking Cocktail Party

Professionals in Cannabis panel discussion and networking party at 1776 in Cherry Hill Mall, Dec. 5. Benefits cancer charity.

Please join us for a networking cocktail party and networking event for cannabis professionals. We invite anyone who is working the cannabis space or is thinking about it – researchers, growers, dispensaries. professional services.

There will be a moderated panel discussion with veteran cannabis professionals.

A light dinner buffet, wine and beer will be served.

Objectives

The goal is to connect business professionals in the region or those thinking of making a leap into the cannabis industry.

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Free Networking Breakfast Event for Cannabis Professionals

Please join us for a free networking breakfast for professionals working in the cannabis space from 8:30 am to 10:00 am on Thursday, November 21st, at the law office of Capehart Scatchard in Mount Laurel.

Shareholder and Chair of the firm’s Cannabis Law, Sheila M. Mints, will address the changes to cannabis laws in the region. Sheila has been practicing in the medical marijuana space for many years and has tremendous perspective about New Jersey’s path to expanding medical marijuana in the region.

Refreshments will be served.

Objectives

The goal is to connect business professionals in the region or those thinking of making a leap into the cannabis industry.

Networking Breakfast for Cannabis Professionals

Networking Breakfast for Cannabis Professionals

Please join us for a networking event for cannabis professionals. We invite anyone who is working the cannabis space or is thinking about it – researchers, growers, dispensaries. professional services.

A continental breakfast and great coffee will be served.

The guest speaker will be announced.

The goal is to connect business professionals in the region or those thinking of making a leap into the cannabis industry.

Capehart Scatchard will have a marketing booth at the event.

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Coffee and carbs: Networking Breakfast for Cannabis Professionals

Pop Up alert: Let’s get together for business networking coffee and bagels event in a relaxed setting.

Professionals working in the cannabis space are invited to meet like-minded individuals at a networking breakfast from 8 to 10 a.m. on Thursday, August 1st at 1776 offices in Cherry Hill Mall.  In addition to networking, Sheila M. Mints, Esq., Chair of Capehart Scatchard’s Cannabis Law and Healthcare Departments, will provide a Q & A about the cannabis space in Pennsylvania and New Jersey.

Objectives

The goal is to connect business professionals in the region or those thinking of making a leap into the cannabis industry.