New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 1 - GENERAL PROVISIONS › Section 17:30A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise, or
				  another subchapter defines one of the following words or terms differently for
				  the purposes of that subchapter:
"Act" means the Jake Honig Compassionate Use Medical
				  Cannabis Act,
				  N.J.S.A.
				  24:6I-1et seq.
"Adequate supply" means not more than is reasonably
				  necessary to ensure the uninterrupted availability of marijuana, in all forms,
				  to meet the needs of registered patients at a given ATC.
"Adulterated" or "adulteration" means made impure or
				  inferior by adding extraneous ingredients.
"Alternative treatment center" or "ATC" means the permitted
				  alternative treatment center authorized by endorsements described at N.J.A.C.
				  17:30A-7.1 to cultivate, manufacture, and/or dispense medicinal marijuana and
				  related paraphernalia to registered qualifying patients in accordance with the
				  provisions of the Act. This term includes the ATC's officers, directors, board
				  members, and employees.
"ATC identification card" means a document issued by the
				  Commission that identifies a person as a principal officer, director, board
				  member, owner, or employee of an ATC.
"Bona fide physician-patient relationship" means a
				  relationship in which the physician has ongoing responsibility for the
				  assessment, care and treatment of a patient's debilitating medical condition
				  consistent with the requirements of the Act and N.J.A.C. 13:35-7A.
"Business day" means any day other than Saturday, Sunday, or
				  a State-recognized holiday.
"Cannabidiol" means a nonpsychoactive constituent of
				  marijuana, C<21>H<30>O<2>.
"Central region" means the counties of Hunterdon, Middlesex,
				  Mercer, Monmouth, Ocean, Somerset, and Union.
"Certification" means a statement signed by a physician with
				  whom a qualifying patient has a bona fide physician-patient relationship, which
				  attests to the physician's authorization for the patient to apply for
				  registration for the medical use of marijuana and meets the requirements of
				  N.J.A.C. 13:35-7A.
"Commission" means the Cannabis Regulatory Commission,
				  established pursuant to
				  P.L.
				  2019, c. 153 and
				  P.L.
				  2021, c. 16.
"Cultivation" includes the planting, propagating,
				  cultivating, growing, harvesting, labeling, or storing of medicinal marijuana
				  for the limited purpose of the Act and this chapter.
"Debilitating medical condition" means:
1. One of the following conditions, if resistant to, or if
				  the patient is intolerant to, conventional medical therapy: seizure disorder,
				  including epilepsy, intractable skeletal muscular spasticity, or glaucoma;
2. One of the following conditions, if severe or chronic
				  pain, severe nausea or vomiting, cachexia, or wasting syndrome results from the
				  condition, or treatment thereof: positive status for human immunodeficiency
				  virus, acquired immune deficiency syndrome, or cancer;
3. Amyotrophic lateral sclerosis, multiple sclerosis,
				  terminal cancer, muscular dystrophy, or inflammatory bowel disease, including
				  Crohn's disease;
4. Anxiety, chronic pain associated with a musculoskeletal
				  disorder, chronic pain of a visceral origin, migraines, Tourette syndrome, and
				  post-traumatic stress disorder (PTSD);
5. Opioid use disorder, provided the qualifying patient is
				  participating in, and compliant with, medication-assisted treatment for the
				  opioid use disorder;
6. Terminal illness, if the physician has determined a
				  prognosis of less than 12 months of life; or
7. Any other medical condition or its treatment that is
				  approved by the Department pursuant to N.J.A.C. 17:30A-5.
"Disqualifying conviction" means a conviction of a crime
				  involving any controlled dangerous substance or controlled substance analog as
				  set forth in Chapter 35 of Title 2C of the New Jersey Statutes except paragraph
				  (4) of subsection a. at
				  N.J.S.A.
				  2C:35-10, or any similar law of the United
				  States or of any other state.
"Electronic signature" or "signature" means either the name
				  of one written by oneself or an electronic code, sound, symbol, or process
				  attached to or logically associated with a record and executed or adopted by a
				  person with the intent to sign the record.
"Endorsement" means a designation set forth on the permit of
				  an ATC that authorizes the ATC to cultivate, manufacture, or dispense medicinal
				  marijuana for the benefit of qualifying patients.
"Executive Director" means the Executive Director of the
				  Commission.
"Lozenge" means a solid oral dosage form that is designed to
				  dissolve or disintegrate slowly in the mouth.
"Manufacturing" means compounding, making, and processing
				  medicinal marijuana in all forms.
"Marijuana" has the meaning given at section 2 of the "New
				  Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
"Mature plant" means a harvestable female marijuana plant
				  that is flowering and either greater than 12 inches in height or greater than
				  12 inches in diameter.
"Medical advisory board" means a five-member panel appointed
				  by an ATC to provide advice to the ATC on all aspects of its business. The
				  medical advisory board shall:
1. Be comprised of three New Jersey licensed health care
				  professionals, at least one of whom shall be a physician; one patient
				  registered with the ATC; and one business owner from the same region as the
				  ATC.
i. No ATC owners, employees, officers, or board members shall
				  serve on the medical advisory board; and
2. Meet at least two times per calendar year.
"Medical use of marijuana" means the acquisition,
				  possession, transport, or use of marijuana or paraphernalia by a registered
				  qualifying patient as authorized by the Act.
"Medication-assisted treatment" means "Medication-Assisted
				  Treatment (MAT)" as 42 CFR Part 8--Medication Assisted Treatment of Opioid Use
				  Disorders, defines that term, particularly at ? 8.2.
"Military veteran" means a person who served in any branch
				  of the active or reserve component of the United State military and/or the
				  National Guard of any state military service and who was discharged or released
				  under conditions other than dishonorable.
"Minor" means a person who is under 18 years of age and who
				  has not been married or previously declared by a court or an administrative
				  agency to be emancipated.
"Misbranded" means the term "misbranded" as defined at
				  N.J.S.A.
				  24:5-16 and 17.
"Nonprofit entity" means corporations, associations or
				  organizations not conducted for pecuniary profit of any private shareholder or
				  individual, and established, organized, or chartered without capital stock
				  under the provisions of Titles 15, 15A, 16 or 17 of the Revised Statutes; or a
				  special charter; or any similar general or special law of this or any other
				  state, that are exempt from the tax imposed by the Corporation Business Tax
				  Act, as set forth at
				  N.J.S.A.
				  54:10A-3(e). A nonprofit
				  entity is not required to be a tax-exempt organization under 26 U.S.C.
				  501.(c)(3).
"Northern region" means the counties of Bergen, Essex,
				  Hudson, Morris, Passaic, Sussex, and Warren.
"Oil" means a viscous liquid substance containing
				  cannabinoids, such as THC and cannabidiol, which are extracted from the
				  marijuana plant.
1. An ATC may manufacture oil for use in preloaded
				  cartridges, or in topical or oral formulations.
"Onsite assessment" means a visit by an employee of the
				  Department to ensure compliance with the Act and this chapter to any site that
				  has received a permit as an alternative treatment center.
"Organic" means the organic program standards as defined at
				  N.J.A.C. 2:78.
"Paraphernalia" has the meaning given at
				  N.J.S.A.
				  2C:36-1.
"Permit" means the document issued by the Department
				  pursuant to this chapter granting the legal right to operate as an alternative
				  treatment center for a specified time.
"Permitting authority" means the Commission, whose mailing
				  address is PO Box 216, Trenton, NJ 08625-0216.
"Petition" means a written request made by an individual
				  submitted pursuant to this chapter to approve other medical conditions or the
				  treatment thereof as a debilitating medical condition.
"Physician" means a person licensed to practice medicine and
				  surgery pursuant to Title 45 of the Revised Statutes with whom the patient has
				  a bona fide physician-patient relationship and who is the primary care
				  physician, hospice physician or physician responsible for the ongoing treatment
				  of a patient's debilitating medical condition; provided, however, that such
				  ongoing treatment shall not be limited to the provision of authorization for a
				  patient to use medicinal marijuana or consultation solely for that purpose.
"Primary caregiver" or "caregiver" means a resident of the
				  State who:
1. Is at least 18 years old;
2. Has agreed to assist with a registered qualifying
				  patient's medical use of marijuana, is not currently serving as primary
				  caregiver for another qualifying patient, and is not the qualifying patient's
				  physician;
3. Has never been convicted of possession or sale of a
				  controlled dangerous substance, unless such conviction occurred after October
				  1, 2010, the effective date of the Act,
				  N.J.S.A.
				  24:6I-1et seq., and was for a violation of
				  Federal law related to possession or sale of marijuana that is authorized under
				  the Act;
4. Has registered with the Department pursuant to N.J.A.C.
				  17:30A-2.3 and has satisfied the criminal history record background check
				  requirement of N.J.A.C. 17:30A-2.3(e); and
5. Has been designated as one of the primary caregivers on
				  the qualifying patient's application or renewal for a registry identification
				  card or in other written notification to the Department.
"Proof of New Jersey residency" means one or more of the
				  following:
1. A New Jersey driver's license that is in effect and good
				  standing;
2. A Federal, State, or local government-issued
				  identification card that shows the applicant's name and New Jersey address;
3. A utility bill issued within the 90 days preceding the
				  application date that shows the applicant's name and New Jersey address;
4. Correspondence from the Internal Revenue Service or the
				  New Jersey Division of Taxation issued within the year preceding the
				  application date that shows the applicant's name and New Jersey address;
5. A non-driver identification card issued by the New Jersey
				  Motor Vehicle Commission that is in effect and good standing;
6. Federal, State, or local government correspondence issued
				  to the applicant within the 90 days preceding the application date that shows
				  the applicant's name and New Jersey address; or
7. Bank statements issued within each of the three months
				  preceding the application date that show the applicant's name and New Jersey
				  address.
"Qualifying patient" or "patient" means a resident of the
				  State who has been provided with a certification by a physician pursuant to a
				  bona fide physician-patient relationship.
"Reduced-fee eligible" means a person is:
1. A senior citizen or a military veteran; or
2. A beneficiary or recipient of:
i. New Jersey Medicaid;
ii. NJ FamilyCare;
iii. Supplemental Nutrition Assistance Program (SNAP);
iv. New Jersey Temporary Disability Insurance (TDI);
v. Supplemental Security Income (SSI); or
vi. Social Security Disability (SSD).
"Region" means either the northern region, central region,
				  or southern region.
"Registry identification card" means a document issued by
				  the Commission that identifies a person as a registered qualifying patient or
				  primary caregiver.
"Review panel" means a panel of health care professionals
				  appointed by the Commission to review petitions and make recommendations about
				  the medicinal use of marijuana.
"Security alarm system" means any device or series of
				  devices, including, but not limited to, a signal system interconnected with a
				  radio frequency method, such as cellular, private radio signals or other
				  mechanical or electronic device, used to detect an unauthorized intrusion.
"Seedling" means a cannabis plant that has no flowers and
				  that is less than 12 inches in height and less than 12 inches in diameter.
"Senior citizen" means a person age 65 and older.
"Southern region" means the counties of Atlantic,
				  Burlington, Camden, Cape May, Cumberland, Gloucester, and Salem.
"THC" means delta-9-tetrahydrocannabinol.
"Topical formulation" means a transcutaneous therapeutic
				  marijuana extract formulation comprising of water, short carbon chains,
				  alcohol, dimethysulfoxide, polyethylene glycol, polypropylene glycol, glycerin,
				  mineral, and mixtures thereof.
"Unusable marijuana" means marijuana seedlings, seeds,
				  stems, stalks, or roots.
"Usable marijuana" means the dried leaves and flowers of the
				  female marijuana plant, and any mixture or preparation thereof, and does not
				  include the seedlings, seeds, stems, stalks, or roots of the plant.
"Utility bill" means a bill for one or more of the following
				  services: gas, electric, water, sewer, cellular or landline telephone,
				  internet, or cable or satellite television.
"Vertical integration" means the co-location or combination
				  of two or more of the following activities related to the production of usable
				  marijuana for qualifying patients in one location: cultivation, manufacturing,
				  and dispensing.