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Excerpt from www.ganjapreneur.com
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A New Jersey appeals court ruling found that the state’s cannabis legalization law is not preempted by federal law but warned that “residents and marijuana businesses … act at the risk that their activities might be prosecuted by federal authorities.”
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A New Jersey appeals court panel ruled earlier this month that the state’s Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA) is not preempted by the federal Controlled Substances Act (CSA) and that both can coexist, NJBiz reports. In the ruling, the panel wrote that “It is not impossible for New Jerseyans to comply with the CSA after the enactment of CREAMMA” because the state law “does not require any business to sell marijuana, or any municipality to adopt, as here, an ordinance to allow marijuana dispensaries within its borders.”
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