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The Dispensary Suing to Kill New Jersey's Labor Peace Mandate

A Jersey City dispensary says NJ can't make it sign a union deal to keep its license. A judge already agreed for Curaleaf. Now a 20-person shop is asking.

By · Independent cannabis reviewer, based in New Jersey · No sponsors

Live · Checked 26 Oct, no new filings or votes · Consent order in place · Council vote pending · D.N.J. 3:26-cv-12967 · CRC license record

man writing on paper
Photo: Scott Graham on Unsplash

How to read this

Documented
A public record exists — USPTO filing, court docket, state licence, dated press release, or a dated post I read directly.
Reported
Stated by a named, credible industry figure or publication, but not verified against a primary record.
Claimed
One party's assertion about a contested fact. Recorded because it was said, not because it is established.

A Jersey City dispensary that opened as a union shop is now in federal court arguing New Jersey can't make it keep a union deal. Three weeks in, it's still open, and the union just answered in public.

THE SHORT ANSWER

Where this stands right now

The Cannabis Place 420 Corp. (TCP) is a minority-owned, service-disabled veteran-owned dispensary on Kennedy Boulevard. On October 5 it sued the New Jersey Cannabis Regulatory Commission and UFCW Local 360 in federal court, case 3:26-cv-12967. It argues the state's labor peace requirement is preempted by the National Labor Relations Act. In plain words, TCP says federal labor law outranks the state rule.Documented

On October 9, U.S. District Judge Zahid Quraishi gave TCP a 14-day stay that kept its Jersey City license from lapsing.Reported

TCP says a consent order with Jersey City on October 15 extended that stay and requires the City Council to vote on the renewal. No new end date has been made public.Reported

Nobody has ruled on the big question yet. The labor peace rule still applies to every license holder in the state except Curaleaf.

WHERE IT STANDS

Where it stands

StepDateResult
TCP files suit5 Oct 2026Filed
Jersey City Council pulls TCP's renewal7 Oct 2026Withdrawn
Amended complaint adds Jersey City9 Oct 2026Filed
14-day stay (Judge Quraishi)9 Oct 2026Granted
Case management call13 Oct 2026Result not posted yet
Consent order with Jersey City15 Oct 2026Stay extended, council must vote
Union and TCP trade statements19 Oct 2026Done
Council vote on renewalNot scheduledPending
Ruling on the labor peace questionNot scheduledPending

I'll update this as each step moves.

THE DISPUTE

Two accounts of one labor fight

TCP's version

  • TCP held a labor peace agreement with UFCW Local 360 starting July 2024, signed to meet state licensing rules.Documented
  • It ended that agreement in June 2026. It says the union pushed for interest arbitration early in bargaining and used the state's licensing power to pressure private talks.Claimed
  • It says other unions refused to sign a replacement deal, and that the refusals were coordinated and driven by UFCW Local 360. Those unions aren't named.Claimed
  • CEO Osbert Orduña says TCP filed unfair labor practice charges against the union with the National Labor Relations Board in August.Claimed

Orduña's answer to the union's October 19 statement, as reported by Heady NJ:

"a desperate PR stunt designed to distract from their own reckless actions."

The union's version

  • On October 7, organizing director Hugh Giordano told the Jersey City Council that TCP wasn't bargaining in good faith and asked the council to hold or condition the renewal.Reported
  • On October 19, the union called TCP's allegations baseless and the lawsuit an attempt to escape commitments Orduña made publicly to his workers.Documented
  • The union says TCP never sent a counterproposal or suggested changes to its opening contract proposal.Claimed

Union president Sam Ferraino, in the same release:

"Any serious consideration of social equity must include worker equity."

What nobody disputes: New Jersey makes a labor peace agreement with a recognized union a condition of a cannabis license, and the CRC has already enforced it, fining Curaleaf $610,000 after its agreement lapsed.Reported

THE TURN

From union partner to union defendant

9 November 2023 · TCP opens with a union training programDocumented

TCP and UFCW Local 360 launched what NJBIZ called the country's first cannabis retail pre-apprenticeship. NJBIZ quoted Orduña at the time on "running an ethical, pro-union company." The union's 2026 release quotes the same line as "an ethical, unionized company."

25 July 2024 · Voluntary union recognitionDocumented

TCP signed a recognition agreement with UFCW Local 360 at a public event at the store.

June 2026 · TCP ends its labor peace agreementDocumented

Over bargaining and arbitration terms, per TCP.

5 October 2026 · The lawsuitDocumented

Orduña said the state's mandate "creates a state-sponsored cartel."

Same owner, same union, three years. That arc is the story.

WHY IT MATTERS

What Curaleaf actually won

  • On August 10, Judge Michael Shipp entered final judgment that the labor peace rule is preempted as applied to Curaleaf.Reported
  • The CRC appealed to the Third Circuit on August 13.Reported
  • Verano sued over the same rule on July 31. TCP is the third operator to sue, and the first small independent.Documented

Lawyers at Foley Hoag put the scope plainly:

"Other licensed operators in New Jersey are not automatically released from their LPA obligations."

So a TCP win would cover TCP. The rule for everyone else rides on what the Third Circuit does with Curaleaf.

THE CITY

The Jersey City angle

Jersey City's Cannabis Control Board approved TCP's renewal in August with nobody speaking against it.Reported

Two days after TCP sued, the council pulled the renewal resolution after Giordano's public comments. TCP's state license record listed it as expiring October 10.Documented

Hudson County View and MJBizDaily reported the CRC had offered TCP a temporary license extension while the Curaleaf appeal plays out. That points to the city as the deadline that sent TCP running to federal court.Reported

It also isn't the first renewal this council has held over labor. In July, Ward B Councilman Joel Brooks raised worker treatment concerns about Downtown Flwr, and its renewal was left off the next agenda while the city looked into it.Reported

Whether the council was pressured or just asking fair questions is what TCP's civil rights claim against the city is there to test.Claimed

WHAT IT MEANS FOR YOU

What it means for you

TCP is open and selling, and about 20 people still have their jobs while this plays out. If you work at a dispensary in Jersey, your employer is still bound by the labor peace rule. A federal judge has only freed Curaleaf from it so far.

Here's what I'd do

  1. If you shop at TCP, nothing changes at the counter for now.
  2. If you work in Jersey cannabis, know your shop still needs a labor peace deal to keep its license.
  3. Watch the Jersey City Council agenda for TCP's renewal vote.
  4. Watch the Third Circuit. That ruling decides this for everyone.

Sources

Right of reply

I haven't put questions to TCP, UFCW Local 360, Jersey City or the CRC yet. Both TCP and the union are quoted from their own public statements.

How this was put together

Written October 24 to 26, 2026, from TCP's and UFCW Local 360's own releases, the CRC's license record, local coverage of the Jersey City Council meeting, and legal analysis of the Curaleaf judgment. I couldn't read the federal docket directly, so court details are as reported.

Questions people actually ask

Is The Cannabis Place in Jersey City closing?

Not right now. The Cannabis Place sued New Jersey's Cannabis Regulatory Commission and UFCW Local 360 on October 5, arguing federal labor law overrides the state's labor peace rule. A federal judge gave it a 14-day stay on October 9 to keep its Jersey City license from lapsing. TCP says an October 15 consent order with the city extended that stay and requires the City Council to vote on its renewal. No court has ruled on the labor peace question yet.

Why is The Cannabis Place suing UFCW Local 360?

TCP says the union pressured it in bargaining and helped block a replacement labor peace deal from other unions. It's seeking damages from the union and a ruling that New Jersey's labor peace rule is preempted by federal labor law.

What does the union say?

UFCW Local 360 calls TCP's allegations baseless and says the suit is an attempt to escape commitments Osbert Orduña made publicly to his workers. It says TCP never sent a counterproposal to its opening contract proposal.

Did a judge strike down New Jersey's labor peace rule?

Only as applied to Curaleaf, in an August 10 judgment that the CRC has appealed to the Third Circuit. Every other license holder still needs a labor peace agreement.

What happens next with the Jersey City license?

Under the October 15 consent order TCP announced, the City Council has to vote on the renewal. No meeting date has been set publicly.

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