New Jersey’s greatest contribution to American rock ’n’ roll, Bruce Springsteen, was nearly relegated to obscurity by a marijuana bust involving his bandmates. Rock legend has it that one of The Boss’ early bands, the Castilles, was forced to break up when some of its members were caught with cannabis in Freehold in 1967. While it would have been unthinkable back then, New Jersey is now on the precipice of marijuana legalization. Gov. Phil Murphy’s campaign platform included a commitment to legalizing recreational use, and three cannabis-related bills have passed through New Jersey Senate and Assembly committees and await the legislature’s final vote, which could happen this month. Legalization would transform New Jersey’s economy, and may also be a litmus test for nearby New York. Looking ahead, business owners, entrepreneurs and investors who are contemplating entry into the cannabis space, when and if legalization occurs, would do well to educate themselves about the potential insurability of various exposures facing the industry.
Insurance coverage litigation can be lengthy and is usually complex, and these characteristics are only exacerbated by the need to comply with often arcane state law rules of procedure. New Jersey, long a hotbed of insurance litigation, has too often exemplified this reality. Until now.