Legislation making its way through Trenton would help encourage greater availability of insurance policies for cannabis-related businesses (CRBs).
Currently, insurers are hesitant to provide equitable coverage for those in the cannabis industry due to federal and local statutes, according to the the bill’s co-sponsors, Assemblyman Joe Danielsen and John McKeon. The proposed law, which advanced Feb. 13 through the Assembly Financial Institutions and Insurance Committee, would specifically restrict state and local government agencies from penalizing, or treating differently, insurance companies doing business with CRBs and insuring cannabis users.
McKeon (D-Essex, Morris) believes due to the increased use of medical marijuana and the potential legalization of recreational use cannabis, now is the time to institute safeguards for insurance to flourish simultaneously,
“We are only just beginning to navigate this issue,” said McKeon. “Right now, perceived risk is too great. This bill is the first in a series of steps to help insurers gain the confidence needed to provide more inclusive and affordable coverage options.”
Provisions of the bill prohibit a state or local government agency from:
- penalizing or discouraging an insurer from engaging in the business of insurance in connection with a CRB;
- terminate, cancel, or otherwise limit the policies of an insurer solely because the insurer has engaged in the business of insurance in connection with a CRB;
- recommend, incentivize, or encourage an insurer not to engage in the business of insurance in connection with a policyholder, or downgrade or cancel the insurance and insurance services offered to a policyholder solely because the policyholder is or becomes the owner, operator, or employee of a CRB; or
- take any adverse or corrective supervisory action on an insurance policy against a CRB or a person that does business with or is employed by a cannabis-related business, solely because the business or person owns or operates or does business with or is employed by a CRB,.
“Insuring a cannabis-related business or individual in New Jersey is considerably risky because of the vast number of legal uncertainties,” said Danielsen (D-Middlesex, Somerset). “This has severely limited the existence of insurance policies leaving businesses and people in the cannabis industry with no real safety net or protections.”
Among the biggest issues arising from working at a cannabis-related businesses is the higher risk of theft as a result of handling large sums of cash due to restrictive federal banking regulations.
Additionally, CRB’s share the same general liability risks agricultural and manufacturing businesses face—workplace accidents, damage to property, crop failure, and fire—as well as being subject to product liability and safety recalls.
Cannabis users can be faulted in workers’ compensation claims as well, subject to employment-disqualifying drug screenings and susceptible to higher auto insurance rates because of elevated risk of driving under the influence.
The bill now goes to the Speaker for further consideration.