A New Jersey appeals court has determined that the federal Controlled Substances Act does not preempt New Jersey’s Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA) and that both can coexist. Ryan Magee, Partner in McCarter’s Cannabis practice group, spoke with NJBIZ and said, “The major takeaway from the decision is the court’s rejection of plaintiff’s argument that CREAMMA is preempted by federal law. This is a significant win not only for the defendants in the case but also for New Jersey’s emerging cannabis industry as a whole.”
Ryan explained, “In its analysis, the court placed emphasis on the federal government’s evolving positions with respect to cannabis. The court noted DOJ’s non-enforcement position as to lawful state cannabis markets and Congress’s own annual appropriations riders that prohibit DOJ from allocating funds to prosecute conduct that is legal under state medical marijuana laws. Simply put, if the federal government wanted to more aggressively prosecute violations of the CSA – it could – and CREAMMA does not bar it from doing so.”