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LAWSUIT FROM ANTI-MARIJUANA GROUP SAYS NEW JERSEY TOWN’S APPROVAL OF CANNABIS
BUSINESSES VIOLATES FEDERAL LAW


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POLITICS


LAWSUIT FROM ANTI-MARIJUANA GROUP SAYS NEW JERSEY TOWN’S APPROVAL OF CANNABIS
BUSINESSES VIOLATES FEDERAL LAW

Published

2 days ago

on

March 4, 2024

By

Marijuana Moment

“Appellants’ declaration that they brought this suit to ‘promote the public
health, safety, morals, and general welfare’ confirms that their claim to
standing reduces to their abstract policy disagreement with CREAMMA.”

By Sophie Nieto-Munoz, New Jersey Monitor

A group of New Jersey residents is waging a legal battle against a Middlesex
County borough over the town’s approval of cannabis sales, a fight the state
Attorney General’s Office says could improperly nullify the state’s marijuana
legalization law.

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The anti-cannabis group—seven Highland Park residents and a group called
Cannabis Industry Victims Educating Litigators—say the town’s leaders are
violating federal law by green-lighting the sale of marijuana within its borders
and are ignoring the “insidious and minimized” hazards of cannabis.

The group filed suit against Highland Park last week, about a year after a
similar lawsuit was dismissed by a state Superior Court judge. The earlier
complaint is set to be heard by an appellate panel later this month, where the
plaintiffs’ case is opposed by Attorney General Matt Platkin’s (D) office. That
office told the court that the plaintiffs do not have standing to challenge the
state’s marijuana legalization law, known as CREAMMA (New Jersey Cannabis
Regulatory, Enforcement Assistance and Marketplace Modernization Act).



“Appellants’ declaration that they brought this suit to ‘promote the public
health, safety, morals, and general welfare’ confirms that their claim to
standing reduces to their abstract policy disagreement with CREAMMA. If that
sufficed, then every citizen would have standing to challenge every government
policy with which they disagreed, rendering standing a nullity,” Deputy Attorney
General Nathaniel Levy told the court in a filing last month.

The legal fight was first reported by the New Jersey Law Journal. David G.
Evans, the attorney for the plaintiffs, and the borough’s officials did not
respond to requests for comment for this story.



This isn’t the only court battle being waged over whether New Jersey’s cannabis
legalization law improperly conflicts with federal restrictions on marijuana.
When New Jersey civil service officials ordered Jersey City to reinstate police
officers the city fired over testing positive for cannabis, the city sued the
state in federal court, saying federal law bars them from allowing armed police
officers to use cannabis off duty. That lawsuit remains ongoing.

Recreational cannabis sales began in New Jersey in April 2022 after voters
approved legalizing marijuana via ballot question in 2020. Since then, more than
100 stores selling weed products have opened statewide, including at
least one in Highland Park. State law allows towns to decide whether to allow
businesses to sell cannabis, and Highland Park has approved at least five retail
cannabis businesses.

Plaintiff Mary Botteon said she’s trying to keep Highland Park from turning
“into a Pot City Destination.”

“The result of these elected individuals acting without regard to all the laws
that they are sworn to uphold, without regard to providing only honest and
factual information to the public, without regard to public input when folks
convey valid opposition to land uses, is the danger of setting a precedent that
I and others adamantly oppose,” she wrote in a filing in the newer case.



The plaintiffs’ argument hinges on the claim that no one in the borough or state
is exempt from the federal prohibition on marijuana, despite CREAMMA. They say
the possession, production, growth, distribution and sale of marijuana violates
the federal Food, Drug and Cosmetic Act.

Under the federal Controlled Substances Act, marijuana is a Schedule I drug—a
category that includes heroin, LSD and other drugs with no medical value and
high potential for abuse. Last year, the Drug Enforcement Administration
announced it would review whether cannabis should be reclassified to another
level. The U.S. Department of Health and Human Services also recommended that
marijuana be moved to the Schedule III category, where drugs like Tylenol with
codeine and anabolic steroids are categorized.



The plaintiffs in the Highland Park case cite a U.S. Supreme Court ruling that
aimed to halt the enforcement of a federal ban on medical marijuana sales in
California. The court said that the Constitution’s supremacy clause clearly
states that if there is any conflict between federal and state law, “federal law
should prevail.”

“Plaintiffs realize that they are taking on powerful and well-funded political
and commercial interests in filing this Complaint. Plaintiffs have faith that
all will be equal before the Appellate Division, and that the law and not
politics or commercial profit, will be the deciding factors here,” the
plaintiffs said in a brief.

This story was first published by New Jersey Monitor.

> Congressional Leaders’ Bill Extends State Medical Marijuana Protections And
> Calls For Studying Legalization Models



Photo courtesy of WeedPornDaily.


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