New Jersey Court Upholds Cannabis Legalization Despite Federal Marijuana Ban

A New Jersey appeals court recently ruled that the state’s recreational cannabis law does not conflict with federal marijuana regulations, allowing both to coexist, according to court documents.

On May 1, a three-judge panel upheld a lower court decision, rejecting claims from Highland Park, New Jersey residents that their borough violated federal law by permitting the sale of adult-use marijuana, which remains illegal federally, according to court documents.

Federal and State Laws Can Coexist

Judges Jack Sabatino, Mark Chase, and Robert Vinci found that the federal Controlled Substances Act (CSA) does not override New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). The court emphasized that CREAMMA does not mandate any individual to use or sell marijuana, nor does it require municipalities to permit cannabis …

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