“Appellants’ declaration that they filed this lawsuit to promote the public health, safety and morals as well as general welfare confirms that standing is reduced to their abstract disagreement on policy with CREAMMA.”
By Sophie Nieto-Munoz, New Jersey Monitor
A group New Jersey residents has filed a lawsuit against the Middlesex County Borough over its approval of cannabis sales. The state Attorney General’s Office believes that this fight could invalidate the state’s legalization of marijuana.
According to the anti-cannabis group, which includes seven Highland Park residents as well as a group named Cannabis Industry Victims Educating Litigators, the town’s officials are breaking federal law when they allow the sale of cannabis within their borders. They also claim that the leaders of the town are ignoring “insidious” and “minimized” dangers of cannabis.
The group filed suit against Highland Park in the last week. This was about a year and a half after a similar case had been dismissed by a judge of the state Superior Court. The case will be heard later this month by an appeals panel, in which Matt Platkin (D), the Attorney General’s office, opposes the plaintiffs. The office informed the court that plaintiffs did not have standing to contest the state’s cannabis legalization law, CREAMMA.
“Appellants declaration that they filed this lawsuit to ‘promote public health, safety and morals’ confirms that the basis of their claim for standing is their abstract policy disagreement with CREAMMA. If that was enough, every citizen would be able to challenge any government policy they disagreed with, making standing null,” Nathaniel Levy, Deputy Attorney-General, told the court last month.
New Jersey Law Journal was the first to report on this legal battle. David G. Evans the attorney for plaintiffs and officials of the borough did not reply to our requests for comments.
It’s not the only legal battle fought over whether New Jersey’s cannabis-legalization law conflicts with federal marijuana restrictions. Jersey City sued New Jersey in federal court after civil service officials there ordered the city to reinstate the police officers it had fired for testing positive for marijuana. The city claimed that federal law prohibited them from allowing police officers with guns to use cannabis while off duty. This lawsuit is still ongoing.
In April 2022, recreational cannabis sales will begin in New Jersey after the voters approved marijuana legalization via ballot question in 2010. More than 100 shops selling marijuana products have opened in New Jersey since then, including at least 1 store in Highland Park. According to state law, towns can decide whether they want to allow cannabis to be sold. Highland Park has at least approved five retail cannabis businesses.
Mary Botteon, the plaintiff in this case, said that she wants to prevent Highland Park from becoming “a Pot City Destination”.
The plaintiffs argue that despite CREAMMA, no one is exempted from the federal prohibition of marijuana. They claim that the federal Food, Drug and Cosmetic Act prohibits marijuana possession, production, cultivation, distribution and sales.
According to the federal Controlled Substances Act (CSA), marijuana is classified as a Schedule I substance, a group that also includes heroin, LSD, and other drugs without medical value or high abuse potential. The Drug Enforcement Administration announced last year that it would be reviewing whether cannabis should have been reclassified into another level. The U.S. Department of Health and Human Services recommended marijuana be reclassified to Schedule III, the same category as drugs such as Tylenol codeine and anabolic steroid.
Plaintiffs in the Highland Park lawsuit cite an U.S. The Supreme Court ruled to stop the enforcement of federal laws that ban medical marijuana sales in California. The court ruled that the supremacy clause of the Constitution clearly states that federal law should be applied in any conflict with state law.
“Plaintiffs understand that by filing this complaint, they are taking on powerful political and commercial interests who have well-funded and well-organized campaigns. The plaintiffs believe that there will be no discrimination before the Appellate division, and that only the law, not commercial gain or politics, will determine the outcome.
This article was originally published by New Jersey Monitor.
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