New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 30 - PERSONAL USE CANNABIS RULES › Subchapter 20 - MONITORING, ENFORCEMENT ACTIONS, AND APPEAL RIGHTS › Section 17:30-20.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Concurrent violations" means violations that occur within
				  the same 24-hour period. The penalties for concurrent violations shall
				  generally be calculated based on the same level of violation.
"Major license violations" mean violations that affect public
				  health or safety or betray the public trust and include, but are not limited
				  to:
1. Selling usable cannabis or
				cannabis products containing any other Federally controlled substance,
				including, but not limited to, opioids, stimulants, or hallucinogens;
2. Using prohibited agricultural chemicals
				that pose a threat to the health of consumers, or the health of individuals
				employed by a cannabis business if not handled in accordance with the chemical
				manufacturer's instructions;
3.
				Marketing, selling, distributing, selling, or transferring usable cannabis or
				cannabis products to a person under 21 years of age or not approved by the
				Commission pursuant to the Act and this chapter;
4. Selling or transporting cannabis items
				outside New Jersey in violation of Federal law;
5. Destroying, damaging, altering, tampering
				with, removing, or concealing potential evidence of a violation pursuant to
				this subsection, attempting to do so, or asking or encouraging another person
				to do so;
6. Submission of
				fraudulent, false, or misleading information as to a material fact to the
				Commission, or falsifying any record required to be maintained by the cannabis
				business;
7. Involving a person in
				the operation of a cannabis business or testing laboratory who has not been
				authorized by the Commission to be involved in such operations;
8. Diverting any usable or unusable cannabis,
				cannabis product, or other item subject to regulation by the Commission to the
				illicit market;
9. Operating a
				cannabis business or testing laboratory in a manner that adversely affects the
				public health, safety, or general welfare of consumers, the individuals working
				in the cannabis business or testing laboratory, or the neighborhood surrounding
				its premises;
10. Having had three
				or more instances of failing to have on the premises or at the administrative
				office, at all times during the hours of operation and periods of apparent
				activity, a Cannabis Business Identification Cardholder who is authorized to
				allow and cooperate with Commission requests to inspect the premises or
				administrative office;
11. Refusing
				to permit the Commission to inspect the premises or administrative office
				during hours of operation or periods of apparent activity; or
12. Other conduct that shows willful or
				reckless disregard for the health or personal safety of any person.
"Successive violations" means two or more violations of the
				  same duty or responsibility that occur outside of the same 24-hour period. The
				  penalties for successive violations shall generally be calculated based upon
				  the number of violations occurring within a two-year period from the date of
				  disposition of any prior violation(s).
"Violation" means each breach of duty or responsibility
				  imposed by the Act or this chapter.