{"id":372524,"date":"2026-10-14T01:10:38","date_gmt":"2026-10-14T01:10:38","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/372524\/"},"modified":"2026-10-14T01:10:38","modified_gmt":"2026-10-14T01:10:38","slug":"n-j-cannabis-labor-law-faces-new-legal-challenge-from-jersey-city-dispensary","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/372524\/","title":{"rendered":"N.J. cannabis labor law faces new legal challenge from Jersey City dispensary"},"content":{"rendered":"<p>A partnership unravels <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"FZNXVQKH5NCRLLCO3O2NSWDFOA\">When 52-year-old former U.S. Marine Osbert Ordu\u00f1a opened <a href=\"https:\/\/www.nj.com\/galleries\/2SQ53OMGLJDPPPWXOY5CHHQQXE\/\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/galleries\/2SQ53OMGLJDPPPWXOY5CHHQQXE\/\">The Cannabis Place<\/a> in <a href=\"https:\/\/www.nj.com\/topic\/jersey-city\/posts.html\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/topic\/jersey-city\/posts.html\">Jersey City<\/a> on Nov. 9, 2023, he pitched the <a href=\"https:\/\/www.nj.com\/marijuana\/\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/marijuana\/\">dispensary<\/a> as more than just another cannabis <a href=\"https:\/\/www.nj.com\/business\/\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/business\/\">business<\/a>.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YIOS2LEDEBACRMTBTY4A3NV2FY\">The dispensary on John F. Kennedy Boulevard featured a community room and positioned itself as a neighborhood gathering place. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KHNGR7DWQ5HCDML7OKJSFCDEAY\">Several months later, in 2024, the dispensary became the backdrop for a celebration of organized labor.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"GDLFSLLUARCTPJU6CBUC73KF4I\">Banners and promotional materials filled the building as union officials, local leaders and former Senate President <a href=\"https:\/\/www.nj.com\/topic\/steve-sweeney\/\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/topic\/steve-sweeney\/\">Steve Sweeney<\/a> gathered to mark the signing of an agreement between The Cannabis Place and the United Food and Commercial Workers Union, or UFCW.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UHDNLV5BPFH6PBZT7HY4C5OQLY\">Sweeney, one of the chief architects of New Jersey\u2019s cannabis legalization law, had championed a provision requiring cannabis businesses to enter labor peace agreements with labor organizations. The agreements meant companies would allow unions access to their stores and neither side would engage in hostile actions toward the other.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"VNHU74KUBZGQHNPH5TYO6V7EYQ\">At the event, Sweeney pointed to Ordu\u00f1a\u2019s decision to go the extra step and recognize a union shortly after opening as proof the system was working \u201cexactly the way it was supposed to be.\u201d<\/p>\n<p><img fetchpriority=\"low\" loading=\"lazy\" decoding=\"async\" alt=\"Cannabis dispensary signs union deal\" class=\"article__image-content\" src=\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/10\/3SOUV47PEFGMBH3LEUWTL4BXJA.JPG\"  \/>Osbert Orduna, owner of The Cannabis Place in Jersey City, holds the union recognition agreement he signed with the UFCW Local 360 on July 25, 2024. Applauding are, from left, former State Senate President Steve Sweeney, who is running for governor; UFCW Local 360 President Sam Ferraino Jr.; and Hudson County Clerk E. Junior Maldonado, a minority owner of the dispensary.Reena Rose Sibayan | The Jersey Journal<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XMPBMPMSSJGSXPGXNPHAN7QKJA\">Ordu\u00f1a was with UFCW Local 360 Executive Vice President Hugh Giordano as the agreement was signed. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UZL54O4XJJFADKEYWG27UJJO5A\">Giordano, who brokered the deal, shook Ordu\u00f1a\u2019s hand and watched as pictures were taken. The two men had known each other for months throughout the process, and this photo-op had been the culmination of that relationship thus far. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DMLUGKKCVJHO5HHDDJA2Z4K2Q4\">But now, the two men and the entities they represent find themselves on opposite sides of a federal lawsuit.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7ROM4NUSIFATVECI23OHL2SHDE\">The Jersey City cannabis dispensary that once celebrated its partnership with the state\u2019s largest cannabis union is now suing New Jersey\u2019s cannabis labor law, arguing it has effectively created a one-union monopoly.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"R4UK52KFFFEFHAPJUSKPBMEJ6U\">Now there is no union recognition celebration, and there is no peace between the two.<\/p>\n<p>The dispute begins <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"NJCKGUGA5BA4XOAUMBZDW7UHJA\">When Ordu\u00f1a had a falling-out with the UFCW over contract renegotiations this year, his lawsuit alleges the store opted to go to other unions instead. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DINZQBBKR5CJ3GYTQ45EOGRJLA\">The lawsuit alleges that the store went to every available labor organization it could find, but none would challenge the UFCW. Ordu\u00f1a argues that the situation creates an effective monopoly that is backed by cannabis regulators who, under the law, will not renew the license of an operator that does not have a peace agreement with a union. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IU2ZZJZLSNGGVIUSBTAD7ATPFY\">\u201cNew Jersey\u2019s mandate doesn\u2019t protect workers; it creates a state-sponsored cartel that holds minority and veteran entrepreneurs hostage,\u201d Ordu\u00f1a said. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"I3R5BWEH45HUTPKC7TI5LY2YTQ\">Both the state Attorney General\u2019s Office and the Cannabis Regulatory Commission (CRC) declined to comment.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"3S6LDSCLOFA6JHOWRNHAN3IQZU\">The legal fight has also spilled into a separate dispute with Jersey City. Court records show a federal judge temporarily blocked the expiration of The Cannabis Place\u2019s local cannabis license after the Jersey City Council failed to approve a renewal measure due to the dispute. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"FTGBDSD64BATXC5DKVMG6EVSAM\">The Cannabis Place\u2019s suit appears to be the first challenge brought by an independent dispensary against the state\u2019s labor peace agreement requirement. One of the state\u2019s largest cannabis operators, Curaleaf, filed a similar lawsuit last year. Another major cannabis operator, Verano, also <a href=\"https:\/\/www.nj.com\/politics\/2026\/08\/cannabis-companies-are-fighting-njs-union-rules-and-workers-could-feel-the-impact.html\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/politics\/2026\/08\/cannabis-companies-are-fighting-njs-union-rules-and-workers-could-feel-the-impact.html\">filed suit this year<\/a>.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7BGGLFYKQNDUFPWIRJKRW23KHQ\">In legal documents, state regulators argue that The Cannabis Place is not facing immediate harm because the CRC has administratively approved the company\u2019s license renewal and has not issued a Notice of Violation while the Curaleaf case proceeds. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"FZ6I2CRX4FEIDC2AGLDVHTFEMU\">\u201cSo Plaintiff\u2019s Complaint\u2014much less its request for emergency relief\u2014is woefully premature,\u201d said state lawyers in a legal filing. \u201cPlaintiff is not suffering, and will not suffer, any harm from its failure to maintain an LPA.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TXMUK6EIF5FUTCZVZNMCPY6KDA\">Ordu\u00f1a argues that misses the point. He contends that even the prospect of a future Notice of Violation can carry consequences for a cannabis business, affecting how banks, landlords, vendors and local regulators view the company.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"GIS3JVJHAFFPNN2JMTCNIVXIKI\">Ordu\u00f1a\u2019s lawsuit represents an escalation of the legal fight over New Jersey\u2019s cannabis labor laws, but it is also different from the challenges that came before it.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"QER4ZQ5TKBCXREV5T5JYUVPCIU\">The lawsuits were once the province of large cannabis companies with national legal teams. Now the policy is being challenged by a local operator who once was one of the policy\u2019s biggest success stories.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"QSXVNS4SXRB3DJYZMERPP7AXOE\">When The Cannabis Place celebrated its labor agreement in 2024, union leaders pointed to the dispensary as proof that organized labor and cannabis business owners could work together.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BY573PNGXBDNBLK5JR46RHB72M\">Today, both sides accuse the other of abandoning that vision.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7LI2XYWEONAMVNDDDOS3UNPFSY\">While Ordu\u00f1a says the system evolved into a one-union structure that limited alternatives, the UFCW leaders argue cannabis operators embraced labor agreements when they needed support and are now trying to walk away from them after becoming established.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"6G3OV5PIIFFXTGXZ2UQ5LSTMZM\">\u201cYou can\u2019t be pro union and then fight the union,\u201d Giordano said. \u201cIt doesn\u2019t make any sense to me. He claims to be pro union and come from a working-class family.\u201d<\/p>\n<p>A pillar of legalization <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"QRHSO2U73VFFFCJ6DMJGEST2Z4\">New Jersey law requires licensed cannabis businesses to enter into labor peace agreements with a labor organization. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2KHUDPCKZFB77AWMMU5U2H5WK4\">The agreements generally prohibit employers from interfering with union-organizing efforts and require both sides to refrain from hostile actions, such as picketing and public attacks against one another. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"CECQQE5KAVGVZBU5TJX6J4KSZU\">Ordu\u00f1a, who originally went a step beyond that and recognized the union altogether, alleges the UFCW has used its dominant position in New Jersey\u2019s cannabis industry to wield a position that makes cannabis businesses reliant on it for their license renewals \u2014 and to add unfair pressure to any renegotiation that takes place. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"J5T5LK277RAJHHB4OVMIZK6POU\">\u201cWe are taking this fight to federal court to dismantle this unconstitutional regime for every independent business owner in New Jersey,\u201d Ordu\u00f1a said. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DJURILO6RVFUFPPS46ESLA3DR4\">Ordu\u00f1a\u2019s constitutional arguments largely mirror claims raised by Curaleaf and Verano, which argued the labor peace agreement requirement improperly delegates authority traditionally reserved for the federal government under U.S. labor law.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DM6FCWXHJRAPRKVPJEMX6O6IEI\">In Curaleaf\u2019s case, a federal judge earlier this year allowed the lawsuit to move forward after agreeing the company had raised substantial federal labor law questions.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"24UUCB46BFHFZA3GBLPWMFTNDI\">The lawsuit also points to William Wallace, the Cannabis Regulatory Commission\u2019s director of labor compliance, who previously worked as a UFCW official. The lawsuit cites Wallace\u2019s prior employment as part of its broader allegations regarding the relationship between regulators and the union.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7WGXJZBEJJFWLLNAZOJWK3XNQA\">The Cannabis Regulatory Commission declined to comment on Wallace\u2019s role. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XPVMLRVWEZAPJMNUPXYFM3CEGY\">\u201cThis is no longer just about cannabis. It is about basic constitutional rights, free enterprise, and whether state regulatory bodies can be weaponized as enforcement arms for politically connected labor unions,\u201d said Dean Kpere-Daibo, an attorney with Constangy, Brooks, Smith &amp; Prophete LLP.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BDPRSYGRAFDILHG4657J5J6ZAE\">The labor peace agreement requirement was never an afterthought in New Jersey\u2019s cannabis legalization framework.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KCH564T5WJH5JNWFVQNUZYLP6Y\">Supporters argued the legal cannabis industry would do more than generate tax revenue and repair some of the damage caused by the War on Drugs \u2014 it would also create stable, union-backed jobs in a newly regulated industry.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"4Q5RGUJY7ZF4LLHRO6N5NBGYZM\">The provision became one of the core pillars of legalization, surviving the transition from New Jersey\u2019s medical cannabis program to the broader recreational market approved in 2021.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"R6OMR5G7FRBUDOGGB6XHIY52FE\">Even then, some legalization advocates and industry insiders said they recognized the requirement could eventually face legal challenges because labor relations are generally governed by federal law.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IB4IWIMV3NFSNGLJCITNHTTWM4\">The mentality at the time was to \u201cleave that fight for another day,\u201d said one lobbyist involved in the legalization effort.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ELEWFVODYBCCBBEL2K2VFYYS7E\">For years, that fight never materialized in a significant way.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BEL6HAPNBJDGLHHGSRAUEJ3FOU\">Now it has.<\/p>\n<p>Competing Visions <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KO4FDLW2ONEDNLKCWOGHULVSNA\">Ordu\u00f1a\u2019s lawsuit arrives as courts weigh similar challenges from larger and better-capitalized cannabis operators.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XTUZAY7MMZFS5JNNR6HYDAHRGE\">Curaleaf, the largest cannabis operator in the state and one of the largest in the country, <a href=\"https:\/\/www.courtlistener.com\/docket\/71596928\/curaleaf-holdings-inc-v-new-jersey-cannabis-regulatory-commission\/\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.courtlistener.com\/docket\/71596928\/curaleaf-holdings-inc-v-new-jersey-cannabis-regulatory-commission\/\">sued in 2025<\/a> after state regulators issued a <a href=\"https:\/\/www.nj.gov\/cannabis\/documents\/Violations\/Curaleaf%20Notice%20of%20Enforcement%208.25.25_Redacted.pdf\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.gov\/cannabis\/documents\/Violations\/Curaleaf%20Notice%20of%20Enforcement%208.25.25_Redacted.pdf\">$610,000 enforcement action<\/a> tied to the labor peace agreement requirement. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"HC3G5DQXJZEDTDWBPAJKZN4ICI\">The company and regulators had <a href=\"https:\/\/www.nj.com\/marijuana\/2023\/05\/did-murphy-allies-pressure-cannabis-regulators-to-back-down-from-disciplining-njs-largest-legal-weed-company.html\" target=\"_blank\" rel=\"nofollow noopener\" title=\"https:\/\/www.nj.com\/marijuana\/2023\/05\/did-murphy-allies-pressure-cannabis-regulators-to-back-down-from-disciplining-njs-largest-legal-weed-company.html\">sparred for years<\/a> over unionization efforts, and labor advocates repeatedly accused the cannabis giant of resisting organizing campaigns.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KYMXRPK5W5BSNIGGOZA3LDCD3M\">Earlier this year, a federal judge allowed Curaleaf\u2019s lawsuit to proceed, concluding the company had raised substantial questions involving federal labor law.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PP6Q2JHDPVAT7GU5STMGRXBPMU\">Verano later followed with a similar lawsuit, arguing labor relations fall under federal jurisdiction and should not be regulated through New Jersey\u2019s cannabis licensing system.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"EOFMTLADRZDBFA53ATZAKD2EAU\">UFCW officials say the growing wave of litigation is not surprising. They argue companies willingly entered labor agreements when they needed licenses and support to enter the state\u2019s cannabis market, only to later challenge those same requirements as a form of bad-faith negotiation.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"URUX2JJNZVA6RDW7JF6CTK2CLQ\">The stakes extend well beyond the companies involved in the lawsuits.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5QLU2WELBVGXPDM7226ZGQZKWM\">If courts ultimately strike down the labor peace agreement requirement, unions could lose one of the most influential organizing tools in New Jersey\u2019s multibillion-dollar cannabis industry. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"FGUUKVENSNHWTCNCMPEBZ2V5OE\">Cannabis companies argue the state has overstepped its authority. Labor groups counter that the requirement was an essential bargain of legalization, ensuring workers shared in the benefits of an industry built with public approval and government oversight.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"6OC7D3CYWZHWPEJG3AYQKSOC3Q\">UFCW Local 360 Executive Vice President Hugh Giordano, who oversees cannabis organizing efforts in New Jersey, called the lawsuits disappointing and disputed Ordu\u00f1a\u2019s characterization of the union\u2019s role in the latest lawsuit.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YLJBELX75VCP3P7IPDKOOMFJYE\">The fight has also become deeply personal between Giordano and Ordu\u00f1a.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ZVZSQRBNLNHD3FOW4WDMMXC4WU\">The two men who once clasped hands at a labor agreement celebration now find themselves on opposite sides of a lawsuit, each convinced the other had abandoned the partnership they helped build.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TYMDXSBHYBADNBW6CAXU72GG4E\">Ordu\u00f1a says he spent years building The Cannabis Place only to be met with demands he believes treated his small business no differently than some of the state\u2019s largest cannabis operators.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"G6KBHJCU5ZFT7EAP4KJGNWJFZA\">Giordano sees it differently.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KXPHBIZZQFCKXCOYTRS4CFMVJ4\">\u201cWe don\u2019t negotiate from the floor,\u201d he said, defending the union\u2019s bargaining approach.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"W5JL5I3Y7RCSVIE47JCLHJL3KY\">\u201cYou can espouse all you want that you\u2019re pro labor and pro-union. He\u2019s not. The UFCW has done a lot to promote Osbert for years,\u201d Giordano added. <\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5J7Q2HFIZNDAJEJG7QP5NSPLW4\">Giordano said the union supported The Cannabis Place throughout its licensing process, attended Jersey City council meetings and met with public officials on the company\u2019s behalf as it sought approval to open.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DLBLOUHDNJG4NEIM77REPKQHUA\">\u201cIt\u2019s kind of like a slap in the face,\u201d Giordano said. \u201cHe used us as far as I\u2019m concerned.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A partnership unravels When 52-year-old former U.S. Marine Osbert Ordu\u00f1a opened The Cannabis Place in Jersey City on&hellip;\n","protected":false},"author":2,"featured_media":372525,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39],"tags":[11487,9,24,63,134,136,135],"class_list":["post-372524","post","type-post","status-publish","format-standard","has-post-thumbnail","category-staten-island","tag-jersey-city","tag-new-york","tag-new-york-city","tag-nyc","tag-staten-island","tag-staten-island-headlines","tag-staten-island-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/372524","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=372524"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/372524\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/372525"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=372524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=372524"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=372524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}