By: Douglas R. Sargent, Partner and David Standa, Partner
As we’ve written about recently here and here, we knew New Jersey would begin accepting recreational cannabis license applications “soon,” but now we know exactly when several license applications will start to be accepted. Yesterday, the Cannabis Regulatory Commission (“CRC”) announced that it will begin accepting applications for cultivation, manufacturing, and testing laboratory licenses on December 15, and that application acceptance for dispensaries will start on March 15. Applicants seeking delivery, distributor, and wholesale licenses will seemingly have to wait longer, as no application dates have been announced.
While there is no current submission deadline, applicants should still submit their applications as quickly as possible after applications drop because applications will be accepted and approved on a rolling basis. That said, applications will not be reviewed in the order they are submitted; rather certain types of applications will receive priority review and approval—they get to “jump the line.” These priority applicants include social equity businesses, diversely owned businesses,andimpact zone businesses, as well conditional license applicants, microbusiness license applicants, and those receiving “bonus points.” There is no cap on the number of licenses the CRC may award, except that cultivation licenses are capped at 37 until February 2023.Thus, the timing of your application submittal, the structure of the applicant entity, and the proposed location of the applicant facility are all critical factors in the application process.
If you are planning to apply in New Jersey and have not already started the analysis for all three of these factors, you need to do so immediately. As we continue to tell our clients, this application process will favor those applicants that lay the groundwork ahead of time and are prepared to submit applications as soon as the state is ready to start accepting them. If you have any questions or would like more information on what Greenspoon Marder LLP can do to assist you in applying, please contact Doug Sargent ([email protected]) or David Standa ([email protected]).
