Members of the firm’s Cannabis Industry Practice Group recently helped counsel, guide and assist a client in the submission of three applications for a New Jersey Alternative Treatment Center (ATC) license. An ATC is defined by the State as “a permitted alternative treatment center authorized to grow and provide registered qualifying patients with medicinal marijuana and related paraphernalia in accordance with the provisions of the New Jersey Compassionate Use Medical Marijuana Act (CUMMA).”

The New Jersey Department of Health (NJDOH) issued a Request for Application (RFA) for the licensing of up to six additional ATCs, to be located throughout New Jersey, with two licenses to be granted in each of the North, Central, and South regions (as defined by the NJDOH). Applications were made available on August 2, 2018 with all applications due no later than August 31, 2018.

The firm’s team – Jack Fersko, Robert S. Goldsmith, Steven Firkser and Mitchel S. Kay – implemented a general approach centering on a conservative reading of CUMMA and the regulations promulgated thereunder, supplemented by information provided by the NJDOH within the RFA, including the application instructions and subsequently issued FAQs. Legal efforts on this project focused heavily on real estate transactions, corporate structuring and federal, state and local regulatory compliance related to zoning.

The NJDOH stated within the RFA that it anticipates the release of two additional RFAs in the fall of 2018 and winter of 2019, after currently proposed rule amendments are adopted. Updated legislation for adult-use marijuana is also expected to be proposed in the upcoming weeks.