Writings by Daniel T. McKillop

A Look at Hemp Legalization and Some of the Most Significant Legal Developments Impacting the Cannabis Industry in 2018 Once President Donald Trump signs the 2018 Farm Bill into law, industrial hemp will be legal in the United States. The bi-partisan legislation, which is expected to fuel massive growth in hemp research, cultivation, distribution, and […]

New Jersey Legislature is Moving to Dedicate More Than $160 million Received From Two Natural Resource Damage Claims The New Jersey Legislature is moving to dedicate more than $160 million received from two natural resource damage claims. Given the Murphy Administration’s renewed focus on bringing natural resource damage (NRD) lawsuits, there will likely be more […]

New Jersey Legislature is Advancing Legislation to Significantly Expand the State’s Medical Marijuana Program While recreational cannabis generated most of the headlines, the New Jersey Legislature is also advancing legislation to significantly expand the state’s medical marijuana program. On November 26, three legislative committees approved a Senate substitute bill combining key provisions of Senate Bill […]

On November 26, the New Jersey Senate Budget and Appropriations Committee and Assembly Appropriations Committee approved the latest version of Senate Bill 2703, which would legalize the possession and non-medical personal use of cannabis for people age 21 and older.

While cannabis advocates may still be waiting for the state to legalize recreational marijuana, Gov. Phil Murphy recently signed an important cannabis bill clearing the way for growers to cultivate its less controversial “cousin.” Under Assembly Bill 1330, which was signed into law by Governor Murphy last week, license holders will be able to plant, grow, harvest, possess, process, distribute, buy, or sell industrial hemp within the state.

The Senate Environment and Energy Committee recently advanced a resolution that asks New Jersey voters to decide whether the State Constitution should be amended to recognize that every person has a right to a clean and healthy environment. While the controversial amendment aims to preserve the state’s natural resources, it could also make development in New Jersey more burdensome and expensive.

As the medical marijuana industry in New Jersey expands and becomes more competitive, dispensaries will be able to post their prices. The New Jersey Department of Health recently announced that the state’s six existing Alternative Treatment Centers (ATCs) can now publicly list medical marijuana prices on their websites and social media accounts.

While marijuana gets all the headlines, a bill to legalize industrial hemp passed the New Jersey Legislature and is now awaiting action by Gov. Phil Murphy. Under Assembly Bill 1330, license holders would be able to plant, grow, harvest, possess, process, distribute, buy, or sell industrial hemp within the state.

Big changes are on the horizon for New Jersey’s Brownfields Program under Gov. Phil Murphy’s new economic plan. The Economic Development Strategic Plan, which Gov. Murphy unveiled during an economic address, entitled "The State of Innovation: Building a Stronger and Fairer New Jersey," includes a range of programs aimed to jumpstart the state’s economy.

While electronic filing is now commonplace with respect to filing taxes or corporate documents, the New Jersey Department of Environmental Protection (NJDEP) has failed to keep pace with technology. Thankfully, that will soon change. According to NJDEP Commissioner Catherine McCabe, the agency is preparing to unveil a new electronic submission system.

It is increasingly likely that the U.S. Supreme Court will intervene to resolve disputes over the limits of groundwater contamination liability under the Clean Water Act (CWA). A circuit split recently developed with the Sixth Circuit Court of Appeals ruling that two power plants did not violate the CWA when contaminants from their coal ash ponds leached into the local groundwater.

Below is a brief summary of certain highlights within the latest version of Senate Bill 2703, the cannabis legalization bill sponsored by Senator Scutari and Senator Sweeney, as revised by the New Jersey Senate Judiciary Committee: