The Cannabis Place (TCP) dispensary, which is based in New York, is suing the United Food and Commercial Workers (UFCW) labor union and the NJ Cannabis Regulatory Commission (NJCRC).
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Their New Jersey location is in Jersey City.
The Cannabis Place Dispensary V. the NJCRC and UFCW
Along with the NJCRC itself, they have named the NJCRC Cannabis Commissioners and senior staff in the lawsuit, along with the UFCW Local 360 labor union.
So, it’s called:
“THE CANNABIS PLACE 420 CORP., Plaintiff, vs. “NEW JERSEY CANNABIS REGULATORY COMMISSION; HARRIS LAUFER in his official capacity as Chair; JACQUELINE FERRARO, in her official capacity as Vice Chair; SEAN KENNEDY, AMELIA MAPP, and KRISTA G. NASH, in their official capacity as Commissioners; CHRISTOPHER RIGGS, in his official capacity as Acting Executive Director; DAVE TUASON, in his official capacity as Director, Compliance & Investigations; MEGAN AGLIAFERRI, in her official capacity as Director, Licensing; WILLIAM WALLACE, in his official capacity as Director, Labor Compliance and Education; UNITED FOOD AND COMMERCIAL WORKERS, LOCAL NO. 360, JOHN/JANE DOES 1-10, and ABC CORPORATIONS OR ORGANIZATIONS 1-10.”
“We fought for constitutional freedom abroad, only to return home and find New Jersey’s state government handing private union bosses absolute veto power over a Service-Disabled Veteran’s right to earn a living,” TCP CEO Osbert Orduna said in a statement.
Orduna and UFCW Local 360 labor union Organizing Director Hugh Giordano were formerly close. Orduna is pictured at their November 2023 opening in the center in a gray blazer while Giordano is on the right with sunglasses on his head.
NJ Cannabis Labor Lawsuit Details
The suit claims that New Jersey’s mandatory Labor Peace Agreement (LPA) conflicts with the National Labor Relations Act (NLRA) and the Commerce Clause of the U.S. Constitution.
Legal Jersey Weed perpetually conflicts with the Feds.
The suit says, “TCP alleges that it terminated this agreement in June 2026 following disputes in which TCP claims the union attempted to leverage interest arbitration early in the bargaining process and sought to utilize the state’s regulatory authority to influence private labor negotiations.”
In its filings, “TCP references the August 2026 federal court decision in Curaleaf Holdings, Inc. v. NJCRC, asserting that the state’s LPA mandates were found likely preempted under the Garmon and Machinists doctrines.”
Labor Problem for The Cannabis Place in Jersey City
According to the filed documents, “the NJCRC has indicated it will issue a Notice of Violation (NOV) alongside TCP’s upcoming license renewal due to the lack of an active LPA.”
“The Verified Complaint alleges that the issuance of a formal NOV could trigger collateral consequences for TCP, including the filing of a “Marijuana Priority” Suspicious Activity Report by its financial institution, default on its commercial lease, and the termination of wholesale supply contracts,” the suit says.
“TCP is petitioning the federal court for a permanent declaration striking down the CREAMM Act’s LPA mandates, alongside compensatory and punitive damages against UFCW Local 360,” the suit added.
Orduna’s declaration states he is an honorably discharged U.S. Marine Corps combat veteran.
He often mentions he’s a minority, service-disabled veteran with severe Post-Traumatic Stress Disorder (PTSD) while able-bodied to qualify as disabled.
A press release said, “TCP developed an 80-hour “budtender” pre-apprenticeship program that funds stipends and creates opportunities for residents in economic Impact Zones. The company operates a free same-day cannabis delivery network across Hudson, Essex, Passaic, Union, and Bergen counties and employs twenty workers, the majority of whom reside in historically underrepresented Impact Zones.”
Formerly Ally Disappointed in TCP
With finite means and being from the other side of the Hudson River, TCP made inroads in Jersey City by making Hudson County Clerk Junior Maldonado a partner, pictured above second from the far left, and Giordano advocating on his behalf.
“He used us for everything he needed,” Giordano declared. “He had the opportunity to negotiate the LPA.”
“(Osbert) He asked me personally to come to Council meetings in Jersey City, come to the Cannabis Board to speak for him,” he explained.
Giordano noted they had the initial apprenticeship program, which had merits.
“We wanted to do it because you take someone for their word,” he said.
Cannabis Place Dispensary of Jersey City Anti-Labor Allegations
Unfortunately, their relationship seems to have gone downhill quickly.
“When the workers signed cards to recognize the union, he took longer than he should have to sign the paperwork,” Giordano noted.
“He didn’t negotiate in good faith,” he said. “He just complained and refused to give back counter-proposals in negotiations.”
Giordano was surprised he never countered, a common tactic.
“It’s the workers who are being hurt,” he argued.
“All that talk about equity is a pure lie!” Giordano declared.
“Instead of standing for equity and justice… he’s suing to end equity and justice. Is equity and justice only good for him?” Giordano asked.
“He hides behind the veil of his social equity status,” he added.
Giordano noted that other social equity cannabis operators are more
virtuous in their conduct.
“I’m disappointed I put in so many hours into helping him,” he admitted. “…I’m disappointed and sad.”
Orduna has a similar anti-labor stance in the New York part of his dispensary chain too.
TCP has been fighting the other Multi-State Operator (MSO) dispensary chain, like Kushmart, which they fought to prevent from opening nearby. However, Kushmart has made progress towards opening recently.
