Morristown, NJ – In an ongoing legal battle between the Township of Morristown and Uma Flowers, a Massachusetts-based cannabis company, Superior Court Assignment Judge Stuart Minkowitz heard arguments from both sides this past week.

Judge Minkowitz advised both parties, stating, “Sometimes we all know that just sitting across the table from one another, or a virtual table, can resolve many issues.”

Uma Flowers was awarded a license by Morristown in 2022, but to date, they have yet to open. According to their filings, construction is expected to be complete by January 2025. The Township Council voted against renewing the license in a 4-2 vote, with Council members Steve Pylupchuk and Robert Iannaccone in favor of the renewal.

In June 2024, Morristown voted to revoke Uma Flowers’ license after a report from the local Cannabis Advisory Committee cited “incomplete projects throughout Massachusetts” and stated that Uma Flowers “falls short of the specificity we have come to expect from projects in Morristown.”

Uma Flowers is represented by “go to” Morris County development attorney Frank Vitolo, Esq., of Sills Cummis. Vitolo successfully secured a temporary ban preventing Morristown from issuing more than one new cannabis license, thereby reserving a license for Uma Flowers.

On behalf of Uma Flowers, Vitolo argued, “In a little under three months—lightning speed for a municipality like Morristown—the defendants engaged in a coordinated effort to reject Uma’s license renewal request, take Uma’s license away, deny its appeal, and introduce legislation to give Uma’s license to another applicant.”

Following Judge Minkowitz’s request for both parties to find a solution, Vitolo submitted an additional filing on September 26, 2024. In this filing, he stated, “In light of the foregoing, it does not appear there will be any benefit to the Court delaying its decision in this matter. We tried.” This included a copy of an email from attorneys for the Township indicating that, “the Town is not interested in engaging in settlement discussions at this time.”

This legal battle occurs at a pivotal moment for New Jersey. While many municipalities have approved retail cannabis locations, few have actual opening dates due to funding challenges or lengthy approval processes. Additionally, there has been an influx of lawsuits regarding cannabis, similar to those seen in Jersey City among competing cannabis retailers.

Under state law, all cannabis-related operations must provide a 2% tax to local municipalities on sales, presenting a potentially lucrative revenue source for local governments.