Writings by Daniel T. McKillop

Challenge To Constitutionality of the Controlled Substances Act A former NFL player, two children, and an Iraq War veteran suffering from post-traumatic stress disorder, all of whom are medical marijuana patients, together with a social justice nonprofit organization recently filed a federal lawsuit asserting that marijuana’s status as a “Schedule I” narcotic under the Controlled […]

What Cannabis Businesses Need to Know About Sen. Booker’s Marijuana Legislation New Jersey Sen. Cory Booker made national headlines when he recently introduced legislation to decriminalize marijuana on the federal level. Unlike prior efforts to remove marijuana from the Controlled Substances Act (CSA), the proposed bill also encourages states to pursue full legalization. “This is […]

EPA Seeks to Redefine Waters of the United States (WOTUS) Congress enacted the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA) “to restore and maintain the chemical, physical and biological integrity of the Nation’s waters.” To accomplish this goal, the CWA prohibits the discharge of any pollutants into “navigable waters” […]

As New Jersey Moves Towards Legalization, Cannabis Industry Banking and Financial Services Remain Critical Issues With legalization proponent Phil Murphy ahead in the race to become New Jersey’s next governor, businesses are already starting to prepare for the sale of recreational cannabis in New Jersey. However, banks and other financial institutions hesitate to provide services […]

U.S. Environmental Protection Agency (EPA) recently proposed to amend its All Appropriate Inquiry Rule (AAI) The U.S. Environmental Protection Agency (EPA) recently proposed to amend its All Appropriate Inquiry Rule (AAI). Under the proposed rule change, the Standards and Practices for All Appropriate Inquiries would be amended to update an existing reference to a standard practice […]

Bill Calls for Further Regulation of New Jersey Class B Recycling Services  New Jersey lawmakers are considering legislation that would subject businesses engaging in soil and debris recycling services to the same regulation and oversight that applies to the solid waste industry. The bill, Senate Bill Number 2306, would also expand the definition of “key […]

What Could Sen. Scutari’s Cannabis Bill 3195 Mean For New Jersey? New Jersey Senator Nicholas Scutari recently introduced Senate Bill 3195 to decriminalize the recreational use of cannabis and legalize its manufacture, distribution, and sale in New Jersey. Basics of NJ’s Cannabis Legalization Bill Senate Bill 3195 would legalize the possession and personal use of […]

How Marijuana Bill Will Impact New Jersey Municipalities Sen. Nicholas Scutari recently proposed legislation that would legalize recreational use of small amounts of marijuana for adults 21 and over. While the bill has little chance of passage under Gov. Chris Christie, it could become a reality under New Jersey’s next governor. “Other states’ programs are working […]

Environmental Protection Agency Administrator Makes Superfund Program a Top Priority Environmental Protection Agency (EPA) Administrator Scott Pruitt recently issued a memorandum stating that he plans to prioritize the agency’s Superfund cleanups. According to Pruitt, Superfund cleanup efforts “will be restored to their rightful place at the center of the agency’s core mission.” New Jersey Superfund […]

Investigation Costs Subject to Contribution Claim Under New Jersey’s Spill Act A recent Appellate Division decision may spur contribution suits under the New Jersey Spill Compensation and Control Act (the Spill Act). In Matejek v. Watson (N.J. Super. Ct. App. Div., Mar., 3, 2017), the appeals court held that a property owner may compel neighboring property […]

Sessions appointment puts legal marijuana industry on hold The trend toward popular approval of medical marijuana and recreational legalization continues steadily forward. A total of 28 states, including New Jersey, have approved or implemented medical marijuana programs, and eight states and Washington, D.C. have approved sale and adult use of non-medical marijuana. In large part, […]

Lessons From Colorado About Marijuana Legalization 2016 appears to be the year that marijuana goes mainstream in America.  On November 8, Montana, North Dakota, Arkansas and Florida voted to legalize medical marijuana, and Maine, Massachusetts, Nevada and California passed measures legalizing recreational marijuana.  In total, 29 states have legalized medical marijuana or decriminalized marijuana possession and […]