reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 3 - ORGANIZATION AND OPERATION OF THE COMMISSION › Section 17:30-3.10 - Extension of public comment period on a proposed rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may extend the public
				comment period on a proposed rule whenever it determines an extension is
				appropriate.
(b) If, within 30 days
				of the publication of a notice of proposal, sufficient public interest is
				demonstrated in an extension of the time for submissions, the Commission shall
				provide an additional 30-day period for the receipt of submissions by
				interested parties. No notice of proposal shall be adopted until after the end
				of this 30-day extension, if provided.
(c) For purposes of this section, sufficient
				public interest for granting an extension of the public comment period exists
				when:
1. One hundred or more individuals have
				communicated the need for the extension of the public comment period in
				writing, legible and intelligible, to the Commission.
i. At least 50 of the individuals shall have
				specified in their written communications, an objection to at least one
				provision of the proposed rule.
ii.
				All written communications have been directed to the individual who has been
				designated, on behalf of the Commission, to receive comments in the notice of
				proposal.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 4 - INDEPENDENT STUDY; COMMISSION REPORTING › Section 17:30-4.1 - Independent study

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission shall, no later than three years after the date it first organizes,
				contract with a public research university, as defined at section 3 at
				P.L.
				1994, c. 48 (N.J.S.A.
				18A:3B-3), to conduct an independent study to
				review:
1. The Commission's
				organization;
2. The Commission's
				regulation and enforcement activities;
3. The overall effectiveness of the
				Commission as a full-time entity; and
4. Whether the regulation and oversight of
				medical cannabis or personal use cannabis could be more effectively and
				efficiently managed through a reorganization of the Commission, consolidation
				of the Commission within the Department of Health or another Executive Branch
				department, conversion to a part-time Commission, or the transfer of some or
				all the Commission's operations elsewhere within the Executive
				Branch.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 4 - INDEPENDENT STUDY; COMMISSION REPORTING › Section 17:30-4.2 - Commission reporting

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall report, to the Governor and the
				  Legislature, information in accordance with
				  N.J.S.A.
				  24:6I-12 and Commission
				  bylaws.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 5 - MUNICIPAL AUTHORITY › Section 17:30-5.1 - Municipal authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				municipality may enact an ordinance or regulation that is not in conflict with
				the Act or this chapter, and may amend such ordinance or regulation:
1. That establishes a numerical limit on the
				number of cannabis businesses, provided that any such ordinance or regulation
				shall specify the maximum number of each class of license that is allowed
				within the municipality and for which the municipality has established a
				numerical limit;
2. That governs
				the location, manner, and times of operation of cannabis businesses, except for
				the times of operation of a cannabis delivery service or distributor, including
				an ordinance or regulation that requires a cannabis business premises to be a
				certain distance from the closest church, synagogue, temple, or other place
				used exclusively for religious worship; or from the closest school, playground,
				park, or child daycare facility;
3.
				That establishes civil penalties for a violation of such ordinance or
				regulation; or
4. That imposes a
				separate local licensing requirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.1 - Cannabis business licensing process; application priority review and approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission shall, annually, evaluate whether the number of each class of
				cannabis business is sufficient to meet the market demands of the State and
				whether the price and availability of cannabis items are discouraging purchases
				from the illegal market.
(b) The
				Commission shall accept new license applications and issue additional licenses,
				as it deems necessary to meet the demands identified at (a) above, except as
				otherwise provided in this section and
				section
				33 of
				P.L.
				2021, c.
				16(N.J.S.A. 24:6I-46).
1. During the 24-month period after February
				22, 2021, the Commission shall not allow more than 37 licensed cannabis
				cultivators. This number shall include any expanded ATCs.
i. Microbusinesses with cannabis cultivator
				licenses, including microbusinesses that have converted into standard cannabis
				businesses in accordance with
				N.J.A.C.
				17:30-7.15, shall not count towards this
				cannabis cultivator license limit of 37; and
ii. The Commission may accept, review, score,
				and process additional applications for cannabis cultivators during the
				24-month period, provided that there are only 37 cannabis cultivators with
				licenses.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.2 - Cannabis business licensing lottery

Current through Register Vol. 56, No. 14, July 15, 2024
Where the number of applicants with the same number of points
				  in a cannabis business license class or group is greater than the remaining
				  number of licenses available from the Commission, the Commission may conduct a
				  public lottery among the eligible license applicants in such class or group
				  that is impartial, random, and in a format selected by the
				  Commission.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.3 - Municipal preference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				municipality may submit its preference(s) for the issuance of licenses to
				cannabis businesses by writing to the Commission pursuant to the notice
				required at
				N.J.A.C.
				17:30-6.1(c).
1. Such notice shall be received by the
				Commission within 28 days of receipt of an application and shall not conflict
				with any letter of support issued to a license applicant pursuant to
				N.J.A.C.
				17:30-7.10(b)9.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.4 - Diversely owned businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until
				such time that the Commission determines that it will develop its own
				certification process, a "diversely owned business" means a license applicant
				or a license holder that has been certified as a minority-owned business, as a
				woman-owned business, as a disabled-veteran-owned business, or as any
				combination thereof, by the Division of Revenue and Enterprise Services in the
				Department of the Treasury.
1. A
				minority-owned business or minority-owned business enterprise is a business
				that meets the requirements at
				N.J.S.A.
				52:27H-21.18 et seq., including, but not
				limited to, that:
i. At least 51 percent of
				the ownership interest is held by persons who are minorities; and
ii. The management and daily business
				operations are controlled by one or more of the minorities who own
				it.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.5 - Impact zone business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				impact zone business means a license applicant or license holder:
1. That operates a cannabis business that is
				located, or intended to be located, within an impact zone;
2. Where more than 50 percent of the
				ownership interest is held by a current resident or residents of an impact zone
				who have resided there for three or more consecutive years at the time of
				application; or
3. That presents a
				plan, along with an attestation, to ensure that:
i. At least 25 percent of its employees
				reside in any of the State's impact zones; and
ii. Among the employees who reside in impact
				zones, at least 25 percent reside in the impact zone nearest to, or within a
				25-mile radius of, the cannabis business's location or intended
				location.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.6 - Social equity business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Social
				equity business" means a license applicant or license holder that meets one of
				the following criteria:
1. More than 50
				percent of the ownership interest of the license applicant or license holder is
				held by one or more persons that demonstrate all of the following criteria:
i. At the time the initial application is
				submitted, have lived in an economically disadvantaged area for five of the 10
				preceding years; and
ii. Are, at
				the time the initial application is submitted and based on the preceding year's
				income, a member of a household that has a household income that is 80 percent
				or less of the average median household income in the State, as determined
				annually by the U.S. Census Bureau; or
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.7 - Microbusiness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Microbusiness"
				means a license applicant's or license holder's cannabis business that:
1. Has a smaller footprint than a standard
				cannabis business, with respect to its business operations, capacity, and
				quantity of product, pursuant to
				N.J.S.A.
				24:6I-36.f and this section.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.8 - Limitations on license applicants, license holders, owners, principals, passive investors, financial sources, management services contractors, and vendor-contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The license holder is the party that has responsibility and liability for the
				conduct of the cannabis business(es).
(b) A license applicant or license holder
				shall not be established as a trust.
(c) A license applicant or license holder
				shall only have, at most, one open and pending cannabis business license
				application for each class of license at any one time and may only hold
				cannabis business licenses in accordance with the limitations in this section.
1. A license applicant or license holder may
				abandon a license application, by providing written notice to the Commission,
				in order to accept another license or submit a new license
				application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.9 - Management services agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A license applicant or license holder and a management services contractor may,
				pursuant to this section, contract to implement a management services
				agreement, which may include, but is not limited to, management or supervision,
				operations, technical assistance, consulting, hiring employees, accounting,
				recordkeeping, leasing of equipment or real or intellectual property, or
				provision of goods or materials.
(b) The terms of a management services
				agreement, including terms related to interest rates, returns, and fees, shall
				be commercially reasonable and consistent with the fair market value for the
				terms generally applicable to agreements of a comparable nature.
1. The Commission may determine whether a
				term is commercially reasonable or consistent with the fair market value
				generally applicable to the services to be provided and may consider:
i. The current valuation of a similar
				interest, service, or product in the medical or personal use cannabis market in
				this State and in other states with legal cannabis markets; and
ii. The current valuation of a similar
				interest, service, or product in an industry with operations similar to the
				cannabis industry, including, but not limited to, horticulture or agriculture,
				pharmaceutical drug manufacturing, or sale of pharmaceutical drugs and alcohol
				in this State and in other states with such industries.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 6 - CANNABIS BUSINESS LICENSING GENERAL TERMS › Section 17:30-6.10 - Financial source agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A license applicant or license holder and a financial source may, pursuant to
				this section, contract to implement a financial source agreement to provide
				financial assistance.
1. A financial source
				includes any creditor holding:
i. A security
				interest in the license holder, the cannabis business, or the premises;
				or
ii. An outstanding bond, loan,
				mortgage, trust deed, note, debenture, or other form of indebtedness of the
				license holder or the cannabis business.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.2 - Conditional cannabis business license application submission and approval or denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission shall provide notice in the New Jersey Register of the application
				requirements for conditional license applications in accordance with
				N.J.A.C.
				17:30-6.1 and
				17:30-7.3.
1. Such notice shall be compliant with this
				subchapter, and shall include:
i. Measures by
				which the license applicant will be scored;
ii. Maximum scores for each individual
				measure; and
iii. The total score
				required for a license applicant to be approved for a license.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.3 - Conditional cannabis business license application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conditional license applicant shall
				submit a complete, separate application for each cannabis business license
				requested and for each physical address and cannabis business premises at which
				a license applicant seeks to operate.
(b) A license applicant shall disclose and
				submit, as part of the conditional license application, the following
				submissions for the Commission's evaluation:
1. The mailing and physical address of the
				license applicant's proposed cannabis business premises or administrative
				office;
2. The Federal and State
				tax identification numbers for the license applicant;
3. Documentation of a valid Business
				Registration Certificate on file with the Division of Revenue and Enterprise
				Services in the Department of the Treasury;
4. Information about the license applicant
				entity, including its legal name, any registered alternate name, and a copy of
				its articles of organization and bylaws;
5. The business plan and management operation
				profile for the proposed cannabis business;
6. The plan by which the license applicant
				intends to obtain appropriate liability insurance coverage for the proposed
				cannabis business;
7. A regulatory
				compliance plan, which shall detail the plan by which the license applicant
				shall comply with the remaining regulatory requirements to convert to an annual
				license;
8. An affidavit that the
				statements included in the application are true and correct, sworn by the
				license applicant's representative;
9. An authorization to release all
				information pertaining to the license applicant, as requested by the
				Commission, signed by the license applicant's representative;
10. A waiver of liability for any damages
				results to the license holder from any disclosure or publication in any manner,
				other than a willfully unlawful disclosure or publication, of any information
				acquired during the licensing process, signed by the license applicant's
				representative;
11. Any applicable
				fees required pursuant to
				N.J.A.C.
				17:30-7.17; and
12. Any other application requirement
				established by the Commission in a notice of acceptance of application
				published in the New Jersey Register issued pursuant to
				N.J.A.C.
				17:30-6.1.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.4 - Conditional license holder qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license applicant or license holder is
				qualified to hold a conditional license where:
1. Each owner, principal, employee,
				management services contractor, and financial source of the license applicant
				or license holder has complied with
				N.J.A.C.
				17:30-7.12;
2. No owner, principal, employee, or
				volunteer of the license applicant or license holder has a disqualifying
				conviction pursuant to
				N.J.A.C.
				17:30-7.12(d)  without
				evidence of rehabilitation pursuant to
				N.J.A.C.
				17:30-7.12(e);
3. No staff member of a license applicant's
				or license holder's management services contractor that participates in the
				obtaining, possession, securing, cultivating, manufacturing, transporting,
				selling, delivering, or destroying of cannabis items for the license applicant
				or license holder has a disqualifying conviction pursuant to
				N.J.A.C.
				17:30-7.12(d)  without
				evidence of rehabilitation pursuant to
				N.J.A.C.
				17:30-7.12(e);
4. At least one owner of the license
				applicant shall have resided in this State for at least two years as of the
				date of the application;
5. Each
				owner in the conditional license applicant who also has decision-making
				authority has, for the immediately preceding taxable year, an adjusted gross
				income of no more than $ 200,000 or no more than $ 400,000 if filing jointly
				with another individual; and
6.
				Each owner and principal of the license applicant or license holder is eligible
				to be an owner or principal, respectively, of the license applicant or license
				holder in accordance with
				N.J.A.C.
				17:30-6.8.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.5 - Conditional cannabis business license acceptance and issuance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				Commission approves an applicant applying for a conditional license, the
				Commission shall provide the applicant with written notice of
				approval.
(b) Within five business
				days of receiving notice of approval, a license applicant shall notify the
				Commission as to whether:
1. It will accept
				the license; or
2. It will abandon
				the license, including if accepting the license would violate
				N.J.A.C.
				17:30-6.8 or make the license applicant
				otherwise ineligible or if the circumstances of the license applicant have
				changed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.6 - Conditional cannabis license phase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The conditional license phase:
1. Begins on the day that the conditional
				license is issued to the license applicant; and
2. Expires 120 days after the day that the
				conditional license was issued or at the end of an extension.
i. A conditional license shall not be
				renewed, but may be extended pursuant to this section or for good cause, as
				deemed necessary by the Commission.
ii. A conditional license shall expire if
				replaced with an annual license or can be revoked at the discretion of the
				Commission.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.7 - Conditional cannabis business conversion application submission; approval; denial; acceptance; inspection; issuance; and commencement of cannabis business operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission shall provide notice in the New Jersey Register of the application
				requirements for conditional license conversion applications in accordance with
				N.J.A.C.
				17:30-6.1 and this subchapter.
1. Such notice shall be compliant with this
				subchapter and shall include:
i. Measures by
				which the license applicant will be scored;
ii. Maximum scores for each individual
				measure; and
iii. The total score
				required for a license applicant to be approved for a license.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.9 - Annual cannabis business license application submission, approval, denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				shall provide notice of the annual cannabis business license application
				requirements in accordance with
				N.J.A.C.
				17:30-6.1.
1. Such notice shall be compliant with
				N.J.A.C.
				17:30-7.10, and shall include:
i. Measures by which the license applicant
				will be scored;
ii. Maximum scores
				for each individual measure; and
iii. The total score required for a license
				applicant to be approved for a license.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.12 - Criminal history background check

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner, principal, employee, or
				volunteer of a cannabis business or testing laboratory license applicant or
				license holder or staff member of a license applicant's or license holder's
				management services contractor shall provide written consent to submit to a
				criminal history background check pursuant to the Act and shall comply with
				procedures established by the Division of State Police pursuant to N.J.A.C.
				13:59 for obtaining readable fingerprint impressions.
1. The license applicant, or license holder,
				as applicable, shall bear the cost for the criminal history background check,
				including all costs of fingerprinting and administering and processing the
				check.
2. For a management services
				contractor, only staff members that participate in obtaining, possessing,
				securing, cultivating, manufacturing, transporting, selling, delivering, or
				destroying cannabis items on behalf of a license applicant or license holder
				shall be required to consent and comply with a criminal history record
				background check.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.13 - Probity review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				receipt of an application from a license applicant, as part of verification and
				probity review, the Commission, at its discretion, may require additional
				information and the submission, by the license applicant, of supporting
				documents and other evidence before making a final decision on the application
				or issuing a license.
(b) At the
				discretion of the Commission, an owner, passive investor, management services
				contractor, or financial source may be required to submit documentation
				verifying the source of the funds provided to the license applicant, including,
				but not limited to, a promissory note, credit facility, debt instrument,
				guarantor agreement, or loan agreement, as well as closing documents.
(c) At the discretion of the Commission, the
				following persons or entities may be required to submit to a financial probity
				review:
1. Owners;
2. Principals;
3. Members of a governing body that governs
				an owner or a principal of a license applicant or license holder that is an
				entity;
4. Management services
				contractors contracting with a license applicant;
5. Any person or entity that holds at least
				10 percent aggregate ownership interest in or who is a member of the executive
				team of a management services contractor contracting with a license applicant
				or license holder;
6. Financial
				sources that are not a qualified institutional investor;
7. Any person or entity that holds at least
				10 percent aggregate ownership interest in or who is a member of the executive
				team of a financial source entity that is not a qualified institutional
				investor; and
8.
				Vendor-contractors.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.14 - Annual cannabis business license acceptance; inspection; issuance; commencement of operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				the Commission approves a license applicant applying for an annual license
				pursuant to N.J.A.C. 17:30-7.9, the Commission shall give written notice of
				approval to the applicant.
(b)
				Within five business days after receiving notice of approval, a license
				applicant shall notify the Commission as to whether it will:
1. Accept the license; or
2. Abandon the license, including if
				accepting the license would violate
				N.J.A.C.
				17:30-6.8 or make the license applicant
				otherwise ineligible or if the circumstances of the license applicant have
				changed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.15 - Annual microbusiness license conversion process; approval; denial; issuance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				at least one year of operation, a microbusiness holding an annual license may
				apply to the Commission to convert to a standard cannabis business.
(b) The Commission shall review such
				application and verify the information contained in such application is
				truthful.
1. The license applicant shall
				cooperate with the Commission investigation and verification process and
				provide all information requested by Commission staff.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 7 - CANNABIS BUSINESS CONDITIONAL AND ANNUAL LICENSING PROCESS › Section 17:30-7.16 - Renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license
				holder holding an annual license, including an annual license converted from a
				conditional license, shall renew such annual license annually.
(b) The Commission may renew a license
				subject to conditions set forth in this chapter.
(c) A license holder shall submit a renewal
				application and the annual licensing fee pursuant to
				N.J.A.C.
				17:30-7.17 no later than 90 days prior to the
				expiration of the current cannabis business license. Submission within 90 days
				of expiration of the current cannabis business license may result in a lapse in
				the cannabis business's licensure and subject the cannabis business to
				enforcement action.
(d) Pursuant to
				(c) above, the following may be grounds for denial of a license renewal
				application:
1. Failure to provide truthful,
				correct, and current information;
2. Failure to maintain compliance with the
				Act or this chapter;
3. Failure to
				maintain its diversely owned business, impact zone business, social equity
				business, or microbusiness status;
4. The inclusion of a person or entity not
				deemed qualified to hold a license; or
5. The commission of three or more major
				violations within the preceding 12 months.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 8 - CANNABIS BUSINESS IDENTIFICATION CARDS › Section 17:30-8.1 - Commission issuance of Cannabis Business Identification Cards; expiration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every owner,
				principal, management services contractor, employee, or volunteer of a cannabis
				business license holder or a testing laboratory that accesses the premises of a
				cannabis business or handles cannabis on behalf of a license holder or testing
				laboratory and every cannabis handler pursuant to
				N.J.S.A.
				24:6I-44.a shall be required to register with
				the Commission and be issued a Cannabis Business Identification Card.
(b) As part of the registration, the
				Commission shall verify that the person who is requesting a Cannabis Business
				Identification Card:
1. Is at least 21 years
				of age;
2. Has completed a training
				course, whether from a license applicant, a license holder, or a third-party
				that has been approved by the Commission and provides education on, at a
				minimum, the following topics:
i. History of
				cannabis use, prohibition, and legalization;
ii. Common cultivation techniques and
				strain/cultivar varieties;
iii.
				Chemotypes of cannabis;
iv.
				Packaging, labeling, and advertising;
v. Cultivation and manufacturing
				processes;
vi. Health education
				regarding the risks of cannabis use and over-use, including cannabis
				dependency;
vii. The medical use of
				cannabis; and
viii. Laws and rules
				pertaining to cannabis, including the Act and this chapter;
3. Has authorized a criminal
				history background check pursuant to
				N.J.A.C.
				17:30-7.12(d)  and does not
				have any disqualifying convictions that have not been found to be
				rehabilitated; and
4. Has paid the
				Cannabis Business Identification Card fee, pursuant to
				N.J.A.C.
				17:30-7.17.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 8 - CANNABIS BUSINESS IDENTIFICATION CARDS › Section 17:30-8.2 - Notice to Commission when employment or affiliation ceases

Current through Register Vol. 56, No. 14, July 15, 2024
A cannabis business or testing laboratory shall notify the
				  Commission within 10 business days of the date that a qualified person pursuant
				  to N.J.A.C. 17:30-8.1(a)
				   ceases to work at or be affiliated with the
				  cannabis business or testing laboratory.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 8 - CANNABIS BUSINESS IDENTIFICATION CARDS › Section 17:30-8.3 - Surrender of a Cannabis Business Identification Card

Current through Register Vol. 56, No. 14, July 15, 2024
Any Cannabis Business Identification Card holder shall
				  surrender to the Commission the Cannabis Business Identification Card if they
				  have been deemed no longer qualified to validly use or possess the card for any
				  reason.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.1 - Cannabis business premises

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A cannabis business shall conduct all operations authorized by the Act and this
				chapter at the address(es) identified on the license(s) issued by the
				Commission.
1. The cannabis business license
				shall identify the physical address of the cannabis business premises or
				administrative office.
2. All
				cannabis business premises, and the principal or administrative office of a
				cannabis business license holder shall be located within the State of New
				Jersey.
3. The Commission shall
				conduct an onsite assessment pursuant to
				N.J.A.C.
				17:30-20.3 of each proposed cannabis business
				premises or administrative office prior to license issuance.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.2 - Changes to license applicant or license holder; approval and notice; provisional approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Cannabis business license holders shall submit an application for an amended
				license, along with the applicable fee, if any, pursuant to
				N.J.A.C.
				17:30-7.17, for the following material
				changes, a change:
1. In ownership, which
				shall include:
i. Addition or removal of
				owners or passive investors;
ii.
				Change in license holder entity structure, including any related mergers,
				acquisitions, or creation of new related entities;
iii. Change in ownership structure or
				ownership interest that results in a change of owner, pursuant to
				N.J.A.C.
				17:30-9.3; and
iv. Any other changes to the ownership and
				financial information provided to the Commission pursuant to
				N.J.A.C.
				17:30-7.10 and 7.13;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.3 - Transfers of ownership interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				From the submission of a conditional license conversion application or an
				annual license application to at least two years after the cannabis business
				commences operations, a license holder holding an annual license shall not make
				any change to more than 50 percent of its ownership interest, except that:
1. A transfer of ownership interest in a
				license applicant or license holder from a deceased owner to their heir shall
				not be prohibited; and
2. A
				transfer of ownership interest in a license applicant or license holder from a
				deceased owner to their surviving spouse, domestic partner, or civil union
				partner, if the license was issued jointly to both the parties, shall not be
				prohibited.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.4 - Ongoing material conditions and general requirements applicable to cannabis business license holders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				person or entity shall operate a cannabis business without a Commission-issued
				license.
(b) A cannabis business
				shall only be operated under the name on the license, which shall be the legal
				entity name as found on the New Jersey business registration of the license
				holder.
(c) A license holder and
				its owners, principals, employees, management services contractors, financial
				sources, and vendor-contractors shall:
1.
				Maintain qualification to hold a license pursuant to
				N.J.A.C.
				17:30-7.4, as applicable;
2. Comply with the Act and this chapter;
				and
3. Cooperate with the
				Commission and its staff.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.5 - Prohibitions applicable to a cannabis business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license holder shall not allow any
				cannabis item or alcohol to be consumed on the premises or administrative
				offices of the cannabis business, or in public areas in the vicinity of such
				premises or administrative offices, except cannabis items may be consumed in a
				cannabis consumption area.
(b) A
				medical cannabis dispensary or cannabis retailer shall not operate as a retail
				food establishment, as defined at
				N.J.A.C.
				8:24-1.5, and the sale of food, beverages,
				alcohol, or tobacco on the premises of a cannabis business are prohibited;
				except that sales of food to personnel of such cannabis business on the
				premises in an area separated from the physical plant, such as an employee
				break room; or consumption of food brought by or delivered to, qualifying
				patients, designated caregivers, or consumers in a cannabis consumption area
				are permitted, where allowed by law.
(c) Entry onto the premises of a cannabis
				business by a person who is under the age of 21 is prohibited, unless the
				individual is accompanied by and supervised by a parent or legal guardian or is
				otherwise permitted by law.
(d) A
				license holder and its personnel and agents shall not sell or give for
				consumption any cannabis items to a person under 21 years of age.
(e) Pursuant to
				N.J.A.C.
				17:30-9.4(b), a cannabis
				business shall not use, display, advertise, or operate under any alternate
				name, including, but not limited to, any doing business as an alternate name,
				nor shall it hold itself out to be an entity operating under an alternate name.
1. This prohibition shall not apply to any
				alternative treatment center that was issued a permit prior to the effective
				date of P.L. 2019, c.
				153(N.J.S.A. 24:6I-5.1 et
				seq.), and any alternative treatment center that was issued a permit subsequent
				to July 2, 2019, pursuant to an application submitted prior to that effective
				date, provided that the ATC's alternate name was authorized by the Commission
				prior to August 19, 2021, and that the ATC does not change its name or
				alternate name subsequent to August 19, 2021. An ATC that changes its name or
				alternate name on or after August 19, 2021, shall be subject to the prohibition
				on the use of alternate names.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.6 - Cannabis business operations manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cannabis business shall develop,
				implement, and maintain, on the premises or at the administrative office, an
				operation manual that addresses, at a minimum, the following:
1. Procedures for the oversight of the
				cannabis business, which shall include:
i.
				Adverse event reporting;
ii.
				Quality assurance and quality control;
iii. Recall of cannabis items, as needed or
				directed;
iv. Packaging and
				labeling of cannabis items;
v.
				Inventory control, storage, and diversion prevention;
vi. Waste disposal/sanitation;
vii. Accounting and tax compliance;
				and
viii. Reporting of test
				results, as applicable, based upon the class of license sought;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.7 - Cannabis business recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis business shall maintain a
				system of recordkeeping that will permit the identification for purposes of
				recall of any batch of cannabis or lot of cannabis products from consumers when
				such cannabis items are found to be unsafe for use.
1. As part of this system, the cannabis
				business shall ensure that the container that contains the cannabis item at any
				stage in the process of cultivation, manufacturing, and sales bears an
				identifying name and number, and that the final packaged cannabis item contains
				all labeling information required pursuant to
				N.J.A.C.
				17:30-16.3, to make it possible to determine
				the complete manufacturing history of the packaged cannabis item.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.8 - Cannabis business training

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				In addition to any workplace trainings required by law, each owner and
				principal of a license holder that handles cannabis and each employee and
				volunteer and any management services contractor staff of a license holder
				shall complete at least eight hours of ongoing training each calendar
				year.
(b) The training pursuant to
				(a) above shall be tailored to the roles and responsibilities of the person's
				job or role function and shall include:
1.
				State and Federal laws regarding cannabis;
2. State and Federal laws regarding privacy
				and confidentiality;
3.
				Informational developments in the field of cannabis;
4. The proper use of security measures and
				controls that have been adopted; and
5. Specific procedural instructions for
				responding to an emergency, including a robbery or workplace
				violence.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.9 - Cannabis business workplace alcohol and drug policy and smoke-free workplace policies; employee assistance program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis business may establish,
				implement, and adhere to any of the following policies governing conduct of
				personnel while performing work for the cannabis business:
1. A written smoke-free workplace
				policy;
2. A written policy
				prohibiting cannabis business personnel from possessing, consuming, or being
				under the influence of an illicit controlled dangerous substance or alcohol;
				or
3. A written policy prohibiting
				cannabis business personnel from consuming or being under the influence of
				cannabis at the workplace, provided that no cannabis business shall infringe
				upon the rights of qualifying patients pursuant to
				P.L.
				2019, c.
				153(N.J.S.A. 24:6I-5.1 et
				seq.).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.10 - Security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cannabis
				business shall provide effective controls and procedures to guard against
				unauthorized access to the cannabis business premises or the cannabis
				business's electronic systems, theft, and diversion of cannabis. Such controls
				may include, but are not limited to, systems to protect against electronic
				records tampering.
(b) At a
				minimum, each cannabis business shall:
1.
				Install, maintain in good working order, and operate a safety and security
				alarm system at its cannabis business premises that will provide suitable
				protection against theft and diversion and that provides, at a minimum:
i. Immediate automatic or electronic
				notification to alert cannabis business personnel and State or local police
				agencies to an unauthorized breach of security or an alarm or system failure at
				the cannabis business; and
ii. A
				backup system that activates immediately and automatically upon a loss of
				electrical support and that immediately issues either automatic or electronic
				notification to State or local police agencies of the loss of electrical
				support;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.11 - Reportable events involving risk of inventory loss

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis business, upon becoming aware
				of a reportable loss, discrepancies identified during inventory, diversion, or
				theft, whether or not the cannabis, funds, or other lost or stolen property is
				subsequently recovered and/or the responsible parties are identified, and
				action taken against them, shall:
1.
				Immediately notify appropriate law enforcement authorities by telephone;
				and
2. Notify the Commission no
				later than three hours after discovery of the event.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.12 - Accessibility of cannabis item storage areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis business shall limit access to
				cannabis item storage areas to the minimum number of authorized personnel
				necessary to maintain safe and orderly operations.
1. When it is necessary for visitors to be
				present in or pass through cannabis item storage areas, the cannabis business
				shall provide for adequate observation of the area by cannabis business
				personnel whom the license holder specifically authorized by policy or job
				description to supervise the activity.
2. The cannabis business shall, in its
				standard operating procedures, identify the personnel with authorization to
				access the storage area.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 9 - CANNABIS BUSINESS LICENSE HOLDER MATERIAL CONDITIONS AND REQUIREMENTS › Section 17:30-9.13 - Inventory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cannabis
				business, at a minimum, shall:
1. Utilize the
				inventory tracking system designated by the Commission pursuant to
				N.J.A.C.
				17:30-3.12.
i. Cannabis businesses shall utilize any
				plant tags, product identification tags, or stamps designated by the Commission
				pursuant to
				N.J.A.C.
				17:30-3.6 and 13.4.
ii. Cannabis business shall be responsible
				for any fees associated with plant tags, product identification tags, or stamps
				designated by the Commission;