The District of New Jersey issued a comprehensive opinion on May 27, 2026, and entered final judgment on August 10, 2026, in Curaleaf Holdings, Inc. v. New Jersey Cannabis Regulatory Commission, declaring New Jersey’s Labor Peace Agreement (LPA) requirement preempted by the NLRA.
That means dispensaries in states with comparable cannabis LPA mandates could use the decision as a roadmap and may have greater incentive for mounting their own preemption challenges. The State of New Jersey has indicated that it will appeal the court’s decision to the U.S. Court of Appeals for the 3rd Circuit, making this a case to monitor. However, for now, the court’s decision indicates that cannabis employers in New Jersey that are covered by the NLRA cannot be required to sign LPAs to obtain a license.
Our Labor & Employment colleague Mark Eskenazi breaks down the decision and what it means to the industry in this client alert: Court Declares New Jersey’s Cannabis Labor Peace Mandate Preempted by the NLRA.