MMJ Daily
According to Bloomberg Law, Judge Shipp issued an unpublished opinion finding that Curaleaf had not demonstrated the “irreparable harm” courts require before granting a preliminary injunction. That standard requires a party to show it will suffer injury that cannot be remedied later if the court waits for full proceedings. Judge Shipp concluded Curaleaf did not meet that threshold.
The ruling is not a decision on the merits of the regulation. Judge Shipp signaled skepticism that the LPA requirement is actually permitted under federal law, even as he declined to block it. A court can find that a challenger has not met the bar for emergency relief without endorsing the challenged rule.
New Jersey’s Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act, known as CREAMMA, was signed into law by then-Governor Phil Murphy in February 2021. It implemented the 2020 legalization referendum and established the state’s adult-use cannabis market. Under CREAMMA, cannabis operators must both sign an LPA and engage in collective bargaining with organized labor. These are two distinct obligations, both conditions of licensure, not optional practices.
Curaleaf is contesting this dual mechanism. For cannabis operators in New Jersey, the immediate consequence is that compliance remains mandatory while the case proceeds. The question of whether the LPA mandate is compatible with federal law remains unanswered.