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‘New Jersey’

Marijuana Reforms Win Big at the Polls

Nov. 4, 2020—On November 3, five states had measures on the ballot to legalize recreational and / or medical marijuana: Arizona, Mississippi, Montana, New Jersey, and South Dakota. Voters in Mississippi, Montana, and South Dakota actually had more than one measure to consider. Notably, all of proposed ballot measures passed, most by hefty margins. This is the...

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New Jersey Court Orders Employer to Reimburse Injured Employee for Cost of Medical Marijuana

Feb. 17, 2020—In January 2020, a New Jersey state court ordered an employer to cover the costs of an injured employee’s medical marijuana. The full 31 page decision in Hager v. M&K Construction can be found here. The New Jersey court ruling recognizes a split among state courts concerning whether state agencies may require employers to cover...

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The Implications of Murphy v. NCAA for State Marijuana Reforms

May. 17, 2018—[Updated for clarity] On Monday, the Supreme Court decided a case that should help insulate state marijuana legalization from preemption challenge. The decision in Murphy v. NCAA invalidated a federal law–the Professional and Amateur Sports Protection Act (PASPA)—that had prohibited the states from (inter alia) “authoriz[ing] by law” sports gambling. 28 U.S.C. § 3702(1). I’ll summarize the...

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What’s the Point of Rescheduling Marijuana in a Medical Marijuana State?

Nov. 1, 2017—A number of sites have reported on Kadonsky v. Lee, in which a New Jersey appellate court just ordered a state official to consider rescheduling marijuana under the state’s Controlled Dangerous Substances Act (CDSA). New Jersey’s CDSA is virtually identical to the federal Controlled Substances Act (CSA). Marijuana remains a Schedule I controlled substance under...

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