reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 15 - CANNABIS DELIVERY SERVICE AUTHORIZED CONDUCT › Section 17:30-15.2 - Cannabis delivery to a consumer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before delivering a cannabis item to a
				consumer in a transaction, cannabis delivery service personnel shall examine
				any one of the following pieces of photographic identification and shall
				confirm the consumer is of legal age to purchase cannabis:
1. The person's United States passport,
				passport from another country, or proper government-issued documentation for
				international travel; provided it is lawful to use as identification in the
				United States;
2. The person's
				motor vehicle driver's license, whether issued by New Jersey or by any other
				state, territory, or possession of the United States, or the District of
				Columbia, provided the license displays a picture of the person;
3. A New Jersey identification card issued by
				the New Jersey Motor Vehicle Commission; or
4. Any other identification card issued by a
				state, territory, or possession of the United States, the District of Columbia,
				or the Federal government that bears a picture of the person, the name of the
				person, the person's date of birth, and a physical description of the
				person.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 15 - CANNABIS DELIVERY SERVICE AUTHORIZED CONDUCT › Section 17:30-15.3 - Cannabis delivery service recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis delivery service shall keep a
				complete and accurate record of all cannabis item deliveries made by the
				delivery service, including the date of purchase and delivery, the cannabis
				items purchased, the selling entity, and any information required at
				N.J.A.C.
				17:30-14.8(l).
1. Such records shall be kept and maintained
				for four years, either on-premises or at an off-site facility, in written or
				electronic form.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 15 - CANNABIS DELIVERY SERVICE AUTHORIZED CONDUCT › Section 17:30-15.4 - Cannabis delivery service consumer education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis delivery service shall, prior
				to the opening date of the cannabis business, establish and implement policies
				describing its plans for providing information and communicating to consumers
				as to:
1. Limitations of the right to possess
				and use cannabis items pursuant to the Act and this chapter;
2. The potential side effects of cannabis
				use;
3. The differing strengths of
				cannabis items available for delivery by the delivery service;
4. Safe techniques for use of cannabis items
				and paraphernalia, noting the potential variations in feeling the effects of
				cannabis;
5. Alternative methods
				and forms of consumption or inhalation by which one can use cannabis
				items;
6. Signs and symptoms of
				substance abuse;
7. Opportunities
				to participate in substance abuse programs; and
8. Information on tolerance, dependence, and
				withdrawal.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 15 - CANNABIS DELIVERY SERVICE AUTHORIZED CONDUCT › Section 17:30-15.5 - Cannabis delivery service inventory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The inventory of a cannabis delivery
				service during delivery shall be dependent on the selling cannabis
				retailer.
(b) A cannabis delivery
				service shall not acquire cannabis items, except pursuant to a purchase order
				from a consumer.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 16 - RELEASE FOR DISTRIBUTION; PACKAGING AND LABELING OF CANNABIS ITEMS › Section 17:30-16.1 - Processing of cannabis items; release for distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cannabis cultivator and cannabis
				manufacturer shall contract with a testing laboratory to obtain and test
				samples of unusable or usable cannabis and cannabis products.
(b) A cannabis cultivator or cannabis
				manufacturer shall process unusable or usable cannabis or manufacture cannabis
				products in a safe and sanitary manner to protect consumers from adulterated
				cannabis items, which shall be:
1. For usable
				cannabis, well cured, and free of seeds and stems;
2. Free of dirt, sand, debris, or other
				foreign matter; and
3. Free of
				mold, rot, or other fungus or bacterial diseases.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 16 - RELEASE FOR DISTRIBUTION; PACKAGING AND LABELING OF CANNABIS ITEMS › Section 17:30-16.2 - Cannabis item packaging requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis cultivator or cannabis
				manufacturer, as applicable, shall package unusable cannabis for the purposes
				of manufacturing or cannabis items in packaging compliant with the requirements
				of this subchapter in a secure area connected to the cultivation or
				manufacturing area in accordance with this section before transfer to another
				cannabis business.
1. The unusable or usable
				cannabis and cannabis products shall be handled on food grade stainless steel
				tables.
2. Proper sanitation shall
				be maintained.
3. Proper rodent and
				bird exclusion practices shall be employed at all times.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 16 - RELEASE FOR DISTRIBUTION; PACKAGING AND LABELING OF CANNABIS ITEMS › Section 17:30-16.4 - Tax stamp and tracking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				cannabis item shall contain a unique stamp or tag, as prescribed by the
				Commission, that, at a minimum:
1. Verifies
				the cannabis item was cultivated, manufactured, and sold by licensed cannabis
				businesses.
i. The Commission shall utilize
				the unique stamp or tag to provide the license numbers where the cannabis item
				was cultivated, manufactured, and sold to consumers who purchase cannabis
				items;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 16 - RELEASE FOR DISTRIBUTION; PACKAGING AND LABELING OF CANNABIS ITEMS › Section 17:30-16.5 - Cannabis item packaging and labeling; prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The packaging and labeling of cannabis
				items shall not contain any:
1. Statement,
				illustration, or image that includes false, deceptive, or misleading statements
				or promotes overconsumption;
2.
				Resemblance to a trademarked, characteristic, or product-specialized packaging
				of any commercially available candy, snack, baked good, or beverage;
3. Statement, artwork, or design that could
				reasonably mislead any person to believe that the cannabis item or package
				contains anything other than cannabis items;
4. Seal, flag, crest, coat of arms, or other
				insignia that could reasonably mislead any person to believe that the cannabis
				items or package have been endorsed, manufactured, or used by any state,
				county, or municipality, or any agency thereof;
5. Statement, illustration, or image that
				depicts a child or other person under legal age consuming cannabis items;
				or
6. Statement, illustration,
				image, cartoon, color scheme, graphic, or feature that might make the cannabis
				item or package attractive to children.
i.
				Examples of images or graphics that are prohibited include, but are not limited
				to, toys, games, candy, beverages, food products, characters, cartoon
				characters suggesting the presence of a person under the legal age to purchase
				cannabis items, or any other depiction designed in any manner to be especially
				appealing to persons under the legal age to purchase cannabis items.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 16 - RELEASE FOR DISTRIBUTION; PACKAGING AND LABELING OF CANNABIS ITEMS › Section 17:30-16.6 - Cannabis item packaging and labeling; universal symbol

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				24:6I-35, the Commission established a
				universal symbol indicating clearly to consumers and members of the public that
				any package of cannabis items contains cannabis.
1. Such symbol shall be imprinted on all
				packages of cannabis items in a form and manner prescribed by the
				Commission.
2. Downloadable
				versions of such symbols and guidelines for how the symbols are to appear shall
				be located on the New Jersey Universal Symbol For Adult Use Cannabis document
				on the Commission's website,
http://www.nj.gov/cannabis
.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 17 - ADVERTISING › Section 17:30-17.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes the requirements for the advertising of cannabis products and
				cannabis paraphernalia to ensure no advertisement is made in a manner that is
				appealing to minors or promotes excessive use or illegal activity, or that
				otherwise presents a significant risk to public health and safety.
(b) The Commission may take enforcement
				action and punitive action pursuant to
				N.J.A.C.
				17:30-20.5 against a license holder that
				fails to comply with
				N.J.S.A.
				24:6I-34.b(b)(6) and 35.a(9) and this
				subchapter, which may include, but is not limited to, specifying a reasonable
				time period by which the license holder shall cease the non-compliant
				advertising and remove any advertising still being published or
				displayed.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 17 - ADVERTISING › Section 17:30-17.2 - General advertising requirements and prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed cannabis business may provide
				information to the public through advertising, except that no person shall
				engage in advertisement of a cannabis business, cannabis products, or cannabis
				paraphernalia, unless such person has reliable evidence that at least 71.6
				percent of the audience for the advertisement is reasonably expected to be 21
				years of age or older.
(b) Any
				advertisement of any cannabis product, or cannabis paraphernalia shall contain
				the following warning: "This product contains cannabis. For use only by adults
				21 years of age or older. Keep out of the reach of children. There may be
				health risks associated with the consumption of this product, including for
				women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not
				drive a motor vehicle or operate heavy machinery while using this
				product."
(c) Any advertisement by
				any licensed cannabis business shall disclose that the facility is licensed by
				the State of New Jersey.
(d) No
				person shall advertise any cannabis business, cannabis product, or cannabis
				paraphernalia:
1. In a manner that would
				target, or is designed to appeal to, individuals under the legal age to
				purchase cannabis products, including, but not limited to:
i. A depiction of a person under 21 years of
				age consuming cannabis items; or
ii. Inclusion of objects, such as toys,
				characters, or cartoon characters suggesting the presence of a person under 21
				years of age, or any other depiction designed in any manner to be especially
				appealing to a person under 21 years of age;
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 18 - LICENSING OF TESTING LABORATORIES › Section 17:30-18.1 - Notice of testing laboratory application licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				section
				25 of
				P.L.
				2019, c.
				153(N.J.S.A. 24:6I-18),
				the Commission shall license testing laboratories that perform testing
				services.
(b) The Commission shall
				announce a date upon which it will begin accepting applications from entities
				seeking to apply for a license to operate a testing laboratory, along with the
				criteria for such applications.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 18 - LICENSING OF TESTING LABORATORIES › Section 17:30-18.2 - Testing laboratory application; approval; denial; issuance of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To apply for a
				testing laboratory license, an applicant for such license shall access an
				application form from the Commission's website at
http://www.nj.gov/cannabis
and
				shall submit the completed application online.
1. Application materials submitted to the
				Commission pursuant to
				N.J.S.A.
				24:6I-18 and this section shall not be
				considered public records pursuant to
				N.J.S.A.
				47:1A-1 et seq., or the common law concerning
				access to government records.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 18 - LICENSING OF TESTING LABORATORIES › Section 17:30-18.3 - Testing laboratory license qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license applicant shall provide the
				Commission with a complete disclosure that includes all true parties of
				interest.
1. The license applicant or license
				holder shall not attempt to conceal or disguise ownership or other control over
				its operations in its submissions.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 18 - LICENSING OF TESTING LABORATORIES › Section 17:30-18.4 - License term; license renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				license shall be in effect for a period of one year and shall be renewable
				annually thereafter.
(b) Ninety
				days prior to the expiration of a testing laboratory license, a testing
				laboratory that seeks to renew the license shall submit to the Commission an
				application for renewal of the license with all required documentation and the
				required fees pursuant to
				N.J.A.C.
				17:30-18.2.
1. A testing laboratory shall update and
				ensure the correctness of all information submitted in previous applications
				for a license or otherwise on file with the Commission.
2. A testing laboratory shall submit a copy
				of the most recent assessment from the accreditation body as required at
				N.J.A.C.
				17:30-18.5(e).
3. Failure to provide correct and current
				up-to-date information is grounds for denial of application for renewal of the
				license.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 18 - LICENSING OF TESTING LABORATORIES › Section 17:30-18.5 - Testing laboratory inspection; authorized conduct; ongoing material conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				person shall operate a testing laboratory pursuant to this subchapter without a
				Commission-issued license.
(b) A
				licensed testing laboratory is subject to inspection by the Commission:
1. To determine the condition and calibration
				of any equipment used for testing purposes; and
2. To ensure that testing is being performed
				in accordance with
				N.J.S.A.
				24:6I-19 and 35 and the Commission's
				accreditation requirements for licensure pursuant to this subchapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.1 - Commission quality control testing; sample collection; chain of custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To ensure the
				safety of consumers, a cannabis business shall provide upon request of the
				Commission one or more samples of usable cannabis or cannabis product to the
				Commission during announced and unannounced inspections for product quality
				control, including, but not limited to:
1. A
				sample from a batch of usable cannabis from the first harvest of a new
				cultivar; and
2. A unit or units of
				packaged usable cannabis or cannabis product available for distribution to
				consumers.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.2 - Testing of every batch and lot

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				In addition to testing of usable cannabis and cannabis products by the
				Commission in accordance with
				N.J.A.C.
				17:30-19.1, each batch of usable cannabis and
				each lot of cannabis products manufactured shall be tested in accordance with
				the requirements at
				N.J.S.A.
				24:6I-35 and this subchapter by a testing
				laboratory licensed pursuant to
				N.J.S.A.
				24:6I-18 and
				N.J.A.C.
				17:30-18.
(b) Before any usable cannabis or cannabis
				product is packaged and prepared for distribution pursuant to
				N.J.A.C.
				17:30-16.2, they shall be sampled and tested
				by a licensed testing laboratory and then the cannabis business shall hold them
				in secure, segregated storage.
1. After the
				cannabis business receives a written report from a licensed testing laboratory
				confirming the representative sample meets specifications, the cannabis
				business may release the usable cannabis or cannabis products for
				distribution.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.3 - Testing laboratory sample collection; chain of custody

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request of a cannabis business when
				a batch or lot is ready for testing, a testing laboratory employee shall
				initiate a sample collection for all applicable tests before packaging:
1. After usable cannabis is in its final
				usable form, including placement of usable cannabis in a pre-roll, ready to be
				manufactured into a cannabis product, or ready to be distributed for personal
				use; or
2. After a cannabis product
				is in its final processed form, including placement of vaporized formulation in
				its electronic smoking device or oil in its pressurized metered dose inhaler,
				or ready to be distributed for personal use.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.4 - Testing laboratory procedures and specifications for testing usable cannabis and cannabis products

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The testing laboratory shall test the initial samples of cannabis and cannabis
				product collected in accordance with
				N.J.A.C.
				17:30-19.3 to confirm whether the samples
				meet the specifications of this section according to the standard operating
				procedures of the laboratory that have been approved by the accreditation body
				pursuant to
				N.J.A.C.
				17:30-18.5(e).
1. The testing laboratory shall analyze the
				samples according to the Cannabis Regulatory Commission's Testing Guidance,
				available on the Commission website, except when otherwise required by this
				subchapter and the Cannabis Regulatory Commission's Testing Guidance, the
				testing laboratory shall analyze the samples according to the most current
				version of the cannabis inflorescence monograph published by the American
				Herbal Pharmacopeia (AHP).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.5 - Retention samples and stability testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cannabis business shall properly store
				the retention sample from each batch or lot released for distribution for
				personal use:
1. By using the same container
				in which the usable cannabis or cannabis product is distributed;
2. Under conditions consistent with the
				storage conditions recommended on the product label or, if no storage
				conditions are recommended on the label, under ordinary storage conditions;
				and
3. Undisturbed at the
				designated storage temperature for the appropriate time interval.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.6 - Written reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The testing
				laboratory performing any testing pursuant to this subchapter shall produce a
				written report detailing the results of all testing for each representative
				sample and provide it to the cannabis business, or consumer, as applicable, as
				well as the Commission.
(b) The
				written report must include:
1. The name,
				address, license number, and contact information of the testing
				laboratory;
2. The name, address,
				and license number of the cannabis business;
3. The representative sample's batch or lot
				number;
4. The unique sample
				identifier number;
5. The form of
				the product;
6. The history of the
				representative sample, including the date collected, the date received by the
				testing laboratory, the analytical methods used for the test, and the date(s)
				of sample analyses and corresponding testing results;
7. For cannabis, the weight of the
				representative sample and the total weight of the batch; for cannabis products,
				the total unit count and weight of the representative sample and the total
				number of units and weight of the lot;
8. The analytical methods and instrumentation
				used for each test;
9. The
				concentrations of the cannabinoids and terpenes listed at the cannabinoid and
				terpene potency subsections of the Cannabis Regulatory Commission's Testing
				Guidance; and
10. The level of the
				contaminants listed at the visual inspection, water activity, harmful
				additives, microbial contamination, mycotoxin contamination, pesticides,
				residual solvents, and heavy metals subsections of the Cannabis Regulatory
				Commission's Testing Guidance and whether that level meets specifications and
				should be marked "pass," or whether that level exceeds the levels provided and
				should be marked "fail."
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.7 - Testing laboratory recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The testing laboratory shall maintain
				documentation of the chain of custody of samples taken.
(b) The testing laboratory shall maintain a
				copy of all receipts for the collected samples and written reports provided to
				cannabis businesses and consumers.
(c) The testing laboratory shall maintain an
				accounting of all collected samples for control purposes for at least five
				years. This shall include:
1. Name of the
				cannabis business or individual who requested the testing;
2. Date of the order and date of the
				testing;
3. Form of product and
				strain, if applicable;
4. Weight of
				sample;
5. All written
				reports;
6. Further correspondence
				with the cannabis business, qualifying patient, or primary caregiver regarding
				the results of the analysis;
7. All
				records of destruction of the sample; and
8. The price charged to the cannabis business
				or individual who requested the testing for the testing services
				provided.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 19 - PERSONAL USE USABLE CANNABIS AND CANNABIS PRODUCT TESTING PROCEDURES › Section 17:30-19.8 - Testing laboratory testing requirements transition period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				requirements at
				N.J.A.C.
				17:30-19.2 through 19.7 shall take effect at
				such time as the Commission certifies that a sufficient number of testing
				laboratories have been licensed pursuant to
				N.J.S.A.
				24:6I-18 or 35 and
				N.J.A.C.
				17:30-18 to ensure that all personal use
				usable cannabis and cannabis products can be promptly tested consistent with
				the requirements of this subchapter without disrupting patient access to
				medical cannabis.
1. The Commission shall
				publish in the New Jersey Register a notice of certification that a sufficient
				number of testing laboratories have been licensed.
2. Once the requirements at
				N.J.A.C.
				17:30-19.2 through 19.7 have taken effect, a
				licensed testing laboratory shall not make operational changes that reduce the
				prompt testing of medical cannabis and medical cannabis products, thereby
				disrupting patient access to medical cannabis, in order to test samples of
				personal use usable cannabis and cannabis products.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				establishes the procedures for monitoring, inspecting, and assessing premises
				and records of license holders pursuant to this chapter, and the procedures
				governing the issuance of notices of violation, the assessment of sanctions or
				penalties, including civil monetary penalties and the denial, suspension, or
				revocation of any license issued pursuant to the Act. This subchapter also
				governs the procedures for the submission and review and grant or denial of any
				requests for adjudicatory hearings.
(b) The Commission may require license holder
				compliance with the Act and may make such investigations as it shall deem
				proper in the administration of the Act, and any other laws that may hereafter
				be enacted concerning cannabis.
1. The
				Commission may appoint auditors, investigators, and other employees that the
				Commission considers necessary to enforce its powers and perform such
				duties.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.3 - Onsite assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				cannabis business or testing laboratory shall permit and facilitate scheduled
				and unscheduled onsite assessments, at any time without notice, by the
				Commission, or its designee, as a condition of obtaining and maintaining
				licensure.
1. The cannabis business or
				testing laboratory shall allow the Commission, or its designee, access to its
				premises or administrative office to conduct the onsite assessment.
2. A refusal to allow entry by the
				Commission, or its designee, or to cooperate with an onsite assessment is
				grounds for penalty, including revocation or denial of a license and for a
				referral of the matter to State law enforcement agencies.
3. The Commission shall not be required to
				obtain a search warrant to conduct an investigation or search of the cannabis
				business premises or administrative office.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.4 - Notice of violation; corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During an onsite assessment, a review of
				financial records, or other Commission review of the license holder and its
				operations, if the Commission identifies a violation of the Act or this
				chapter, the Commission shall provide notice of the violation, including an
				official written report of the findings and the nature of the violation, to the
				cannabis business or testing laboratory within seven business days following
				the onsite assessment or other identification of the violation.
1. Such notice may be provided by service of
				written notice or the receipt of a written notice from an investigating officer
				that a violation has occurred, which may be presented to the license holder's
				owner, principal, or manager at the licensed premises or administrative office,
				or through other reasonable form of notice, such as certified mail or personal
				service pursuant to N.J. Ct. R. 4:4-4.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.5 - Enforcement action and sanctions for noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In response to a violation of any
				provision of the Act or this chapter, the Commission is authorized to take
				enforcement action or impose sanctions upon a license holder. Sanctions may
				include, but are not limited to, civil monetary penalties; suspension,
				revocation, non-renewal, or denial of a license; referral to State or local law
				enforcement, pursuant to
				N.J.A.C.
				17:30-20.6, 20.7, and 20.8; or any
				combination thereof.
1. The Commission shall
				refer complaints involving alleged criminal activity made against a cannabis
				business, testing laboratory, or any personnel thereof to the appropriate State
				or local law enforcement agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.6 - Civil monetary penalties; summary proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth civil monetary
				penalties for violations of the Act or this chapter and enforcement procedures
				for imposing and collecting civil monetary penalties by the
				Commission.
(b) A monetary penalty
				imposed by the Commission on a license holder pursuant to this subchapter may
				not exceed $ 500,000 per violation. Penalties may be imposed on a license
				holder as follows:
1. Not more than $ 500,000
				per major license violation; and
2.
				Not more than $ 50,000 per any other license violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.7 - Classification of violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Violations shall be categorized as follows:
1.
				Category I, which is the exhibition of a pattern and practice of violating the
				requirements of the rules, posing a serious risk of harm to the health, safety,
				or welfare of consumers or personnel;
2. Category II, which is the failure to
				comply with administrative requirements, such that the licensee or permittee
				poses an immediate and serious risk of harm or actual harm to the health,
				safety, or welfare of consumers, personnel, or the general public, including,
				but not limited to, transfer of cannabis to a person under 21 years of
				age;
3. Category III, which is the
				submission of fraudulent, false, or misleading information, as to a material
				fact, to the Commission, or falsifying or concealing any record required to be
				maintained by the license holder;
4. Category IV, which is the failure of any
				owner, principal, management services contractor, employee, or volunteer of a
				cannabis business license holder or testing laboratory to register with the
				Commission and be issued a Cannabis Business Identification Card; or failure to
				complete training course, or failure to be in physical possession of their
				Cannabis Business Identification Card while acting in the course of their
				duties; and
5. Category V, which
				shall consist of other violations of the Commission's rules, or violations of
				valid ordinances established by municipalities that do not constitute a major
				violation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.8 - Summary suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may order the summary
				suspension of a license for cause upon a finding that one or more violations
				pose an immediate threat to consumers or to the health, safety, or welfare of
				the public, including, but not limited to:
1.
				Failure to comply with or satisfy any provision of this chapter;
2. Failure to allow a monitoring visit by
				authorized representatives of the Commission;
3. Falsification of any material or
				information submitted to the Commission;
4. Diversion of cannabis, as determined by
				the Commission; or
5. Threatening
				or harming a consumer, personnel, or an employee or representative of the
				Commission.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.9 - Revocation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commission may revoke a cannabis business or testing laboratory license for
				cause in the following circumstances:
1. The
				cannabis business or testing laboratory has failed to comply with
				administrative requirements related to its license, posing an immediate and
				serious risk of harm or actual harm to the health, safety, or welfare of
				consumers, the public, or personnel, and the cannabis business or testing
				laboratory has not corrected such violations in accordance with an approved
				plan of corrective action or subsequent to imposition of other enforcement
				actions issued pursuant to this chapter;
2. The cannabis business or testing
				laboratory has exhibited a pattern and practice of violating the requirements
				of this chapter, posing a serious risk of harm to the health, safety, or
				welfare of consumers, the public, or personnel.
i. A pattern and practice may be demonstrated
				by the repeated violation of identical, or substantially related, license
				standards during three onsite assessments or the issuance of civil monetary
				penalties pursuant to the Act or other enforcement actions for unrelated
				violations on three or more onsite assessments; or
3. Failure of a cannabis business or testing
				laboratory to correct identified violations that led to the issuance of an
				order for summary suspension of a license.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.10 - Appeal rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				Commission affirms a summary suspension or revocation of a license in an
				adjudicatory hearing, the Commission shall provide to the suspended or revoked
				license holder written notice of the final order of suspension or revocation
				and the specific reason for the suspension or revocation.
(b) Disqualification of a license
				application, denial of a license application upheld by the Commission after an
				administrative hearing, and summary suspension or revocation of a license
				affirmed by the Commission shall be considered a final agency decision subject
				to judicial review as provided in the Rules of the Court by, and of which
				jurisdiction and venue for such review are vested in, the Superior Court,
				Appellate Division.
1. An individual has the
				right to appeal a final agency decision within 45 days to the New Jersey
				Superior Court, Appellate Division, Richard J. Hughes Justice Complex, PO Box
				006, Trenton, NJ 08625-0006.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 1 - GENERAL PROVISIONS › Section 17:30A-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				implements the Jake Honig Compassionate Use Medical Cannabis Act,
				N.J.S.A.
				24:6I-1et seq. (Act).
(b) This chapter is applicable to:
1. Persons seeking to register and/or who
				register with the Cannabis Regulatory Commission (Commission) as qualifying
				patients and/or primary caregivers;
2. Physicians seeking to certify and/or who
				certify that a person has a debilitating medical condition;
3. Entities seeking to operate and/or
				operating alternative treatment centers, and their owners, directors, officers,
				and employees; and
4. Persons
				seeking to petition the Commission for identification of debilitating medical
				conditions not specified at
				N.J.S.A.
				24:6I-3.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 2 - REGISTRATION REQUIREMENTS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-2.1 - Fees for issuance and renewal of registration of qualifying patients and primary caregivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Registration and renewal fees are due upon filing of an application for
				issuance or renewal of registration as either a qualifying patient or a primary
				caregiver and are non-refundable.
(b) An applicant for issuance of registration
				and registration renewal as either a qualifying patient or a primary caregiver
				shall transmit to the Commission a check or money order, or any other form of
				payment the Commission approves, that is made payable to the "Treasurer, State
				of New Jersey," in the amount of the required payment.
1. The Commission shall place a 10-day hold
				on the issuance of a registry identification card for an application
				accompanied by a personal check.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 2 - REGISTRATION REQUIREMENTS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-2.2 - Application for registration as a qualifying patient

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person applying for issuance or renewal
				of registration as a qualifying patient shall provide the following to the
				Commission:
1. The patient's full name,
				address, date of birth, telephone number, and signature;
2. The name, address, and telephone number of
				the patient's physician;
3. The
				physician certification identification number obtained from the patient's
				physician;
4. The name, address,
				and telephone number of the alternative treatment center with which the
				applicant would register.
i. A qualifying
				patient shall be registered to purchase usable marijuana from only one ATC at
				any given time;
5. The
				correct application fee, as specified at N.J.A.C. 17:30A-2.1;
6. Proof of New Jersey residency; and
7. One recent passport-size color
				photograph, two inches by two inches, taken against a white background or
				backdrop with the applicant's face being not less than three quarters of an
				inch in width. The applicant shall not wear a hat, glasses, or any other item
				that may alter or disguise the overall features of the face in the photograph
				and the applicant shall legibly print his or her name on the back of the
				photograph submitted. The photo shall have been taken not more than 30 days
				prior to the date of the application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 2 - REGISTRATION REQUIREMENTS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-2.3 - Primary caregiver registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person whom a qualifying patient
				designates as a primary caregiver pursuant to N.J.A.C. 17:30A-2.2(e)shall
				submit the following to the Commission to apply for issuance or renewal of
				primary caregiver registration:
1. The
				applicant's full name, address, date of birth, telephone number, and signature;
2. Written consent to submit to a
				criminal history record background check pursuant to
				N.J.S.A.
				24:6I-4.
i.
				The applicant shall remit the fee for the criminal history record background
				check in compliance with the procedures established by the Division of State
				Police pursuant to N.J.A.C. 13:59;
3. The correct application fee as specified
				at N.J.A.C. 17:30A-2.1;
4. A
				statement that the applicant agrees to assist the qualifying patient with the
				medical use of marijuana, is not currently serving as primary caregiver for
				another qualifying patient and is not the qualifying patient's physician;
5. Proof of New Jersey residency;
				and
6. One recent passport-size
				color photograph, two inches by two inches, taken against a white background or
				backdrop with the applicant's face being not less than three quarters of an
				inch in width. The applicant shall not wear a hat, glasses, or any other item
				that may alter or disguise the overall features of the face in the photograph
				and the applicant shall legibly print his or her name on the back of the
				photograph submitted. The photo shall have been taken not more than 30 days
				prior to the date of the application.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 2 - REGISTRATION REQUIREMENTS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-2.4 - Physician enrollment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be
				eligible to submit a certification pursuant to N.J.A.C. 17:30A-2.5, a physician
				shall enroll to participate as an authorizing physician through the website at
http://www.nj.gov/cannabis
thereby creating a portal account.
(b) Physicians who enroll or who have
				previously enrolled, can opt out of inclusion in the public list of
				participating physicians that the Commission maintains at any time by
				contacting the Commission.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 2 - REGISTRATION REQUIREMENTS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-2.5 - Physician certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				physician who is licensed and in good standing to practice medicine in this
				State and who enrolls pursuant to N.J.A.C. 17:30A-2.4is eligible to authorize
				the medical use of marijuana by a qualifying patient pursuant to a
				certification the physician issues pursuant to N.J.A.C. 13:35-7Athat contains:
1. The physician's name, address, and
				telephone number;
2. The
				physician's license number as issued by the New Jersey Board of Medical
				Examiners;
3. A statement that the
				physician is licensed and in good standing to practice medicine in this State
				and possesses an active controlled dangerous substances registration issued by
				the Division of Consumer Affairs;
4. A statement that the physician has an
				ongoing responsibility for the assessment, care, and treatment of the patient's
				debilitating medical condition;
5.
				The patient's name, address, and telephone number;
6. The patient's diagnosis;
7. A statement that the patient's diagnosis
				qualifies as a debilitating medical condition that authorizes the patient to
				use medicinal marijuana pursuant to
				N.J.S.A.
				24:6I-1et seq.;
8. Written instructions to a registered
				qualifying patient and/or the patient's primary caregiver concerning the total
				amount of usable marijuana that may be dispensed to the patient, in weight, in
				a 30-day period, which amount shall not exceed two ounces.
i. If the physician does not specify an
				amount, the maximum amount that may be dispensed at one time is two ounces; and
9. The physician's
				certification that the physician has explained the potential risks and benefits
				of the medical use of marijuana to the qualifying patient and has documented
				the explanation in the patient's medical record.
i. The certification shall include the
				following statement:
"I have completed a comprehensive history and physical on
				  this patient and have documented an assessment and treatment plan. I have
				  provided education to the patient on the lack of scientific consensus for the
				  use of medicinal marijuana, its sedative properties and the risk of addiction.
				  The patient has provided informed consent. I will continue to follow this
				  patient at a minimum of every three months and reassess the patient's
				  debilitating medical condition and responses to treatment options."
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 2 - REGISTRATION REQUIREMENTS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-2.6 - Application denial and/or revocation of a registry identification card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				shall deny an application for a registry identification card that:
1. Contains false information, including, but
				not limited to, a false name, address, physician certification, date of birth,
				signature, or photo identification; or
2. Fails to provide any of the information
				required at N.J.A.C. 17:30A-2.2(a).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30A - MEDICINAL MARIJUANA › Subchapter 3 - REGISTRY IDENTIFICATION CARDS FOR QUALIFYING PATIENTS AND PRIMARY CAREGIVERS › Section 17:30A-3.1 - Registry identification cards

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Subject to N.J.A.C. 17:30A-3.2, each registry identification card shall be
				valid for two years from its effective date, unless revoked or surrendered.
(b) Each person to whom the
				Commission has issued a registry identification card shall possess the registry
				identification card whenever he or she is in possession of medicinal marijuana.
(c) Registry identification cards
				shall contain:
1. The name, address, date of
				birth, and Commission issued registry identification number of the qualifying
				patient;
2. If the qualifying
				patient has designated a registered primary caregiver, the name, address, date
				of birth, and Commission-issued registry identification number of the primary
				caregiver;
3. If the qualifying
				patient is a minor, the name, address, date of birth, and Commission-issued
				registry identification number of the parent, guardian, or person who has legal
				custody of a qualifying patient who is a minor;
4. An indication as to whether the cardholder
				is the qualifying patient, a primary caregiver, a minor who is a qualifying
				patient, or the parent, guardian, or person who has legal custody of a
				qualifying patient who is a minor;
5. A photograph of the cardholder;
6. The effective date and expiration date of
				the registry identification card; and
7. The telephone number and web address of
				the Commission, so that the authenticity of the registry identification card
				can be validated.