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NJ MUNICIPALITY CANNABIS REGULATIONS
NJSA 24:6I-45

Scroll to the bottom for the Medical Statutes/Regulations and the Recreational Statutes

Govern location, manner and times of operation

Municipality can enact ordinances not in conflict with NJSA 6I-31 et al.
Establish civil penalties for violations of your ordinances
Govern # of cannabis establishments, distribution or delivery services but NOT time of operation of delivery services (CRC to regulate)

Municipality may impose a separate local licensing or endorsement requirement as part of its restrictions above.

Govern location, manner and times of operation

Establish civil penalties for violations of your ordinances
Municipality can enact ordinances not in conflict with NJSA 6I-31 et al.
Govern # of cannabis establishments, distribution or delivery services but NOT time of operation of delivery services (CRC to regulate)

Municipality may impose a separate local licensing or endorsement requirement as part of its restrictions above.

NJSA 24:6I-31 NJ

CANNABIS REGULATORY, ENFORCEMENT ASSISTANCE AND MARKETPLACE MODERNIZATION ACT (CREAMMA)

Enacted on 2/22/2021


A brief overview of some of the statutes in English

 

NJSA 24:6I-35a(9)(e)
This statute prohibits the sponsoring of events unless there is reliable evidence that no more than 20% of the audience at the event is reasonably expected to be under the age to purchase cannabis items.

NJSA 24:6I-35a(14)(b)
Cannabis cannot be located in a store or on premises involved with food or alcohol.

NJSA 24:6I-35a(15)b
Cannabis retailer cannot collect personal information about consumers other than info acquired in financial transaction conducted by a classic retail license concerning alcoholic beverages.

NJSA 24:6I-35a(15)c
CRC will conduct no less than one informational education session on cannabis in each county.

NJSA 24:6I-36 – Application for a License or Conditional License

NJSA 24:6I-36b(1)(b)

CRC must forward within 14 days of receipt, a copy of each applicant to the municipality in which the applicant desires to operate the cannabis establishment, distribution or delivery service.

NJSA 24:6I-36b(1)(c)(i)
If the applicant approved CRC to issue license unless the Commission is notified by the relevant municipality that the applicant is not in compliance with ordinances and regulations made pursuant to the provisions of NJSA 24:6I-45 (Municipal Cannabis Regulation) and in effect at the time of application, provided if a municipality has enacted a numerical limit on the number of cannabis establishments, distributors or delivery services and a greater number of applicants seek a license, the Commission shall solicit and consider input from the Municipality as to the Municipality’s preference or preferences for licensure.

NJSA 24:6I-36b(1)(d)(i)
Same as above but also for conditional licenses

NJSA 24:6I-37 – Class 1 Cannabis Cultivator License
35% shall be conditional licenses, 10% of total number of licenses and conditional licenses shall be microbusinesses.

NJSA 24:6I-37a
1. Apply for a State License
2. At least one (1) significantly involved person who lives in NJ for at least two (2) years.
3. Comply with CRC rules and regulations
4. Criminal history record background check
    a. CRC and State Police to exchange finger- print data
    b. Each person shall submit to being fingerprinted and give their written consent. No consent, no license.
    c. (i) criminal conviction scheme and exceptions.
        (ii) CRC can still approve even with any conviction.

NJSA 24:6I-37b – CRC shall adopt rules and regulations
1. Provide for annual renewal of the Class 1 Cannabis Cultivator License
2. Establish application process
3. Cannabis to be tested pursuant to 24:6I-31 et al
4. Submit a report when applying for or renewing license describing the applicant’s or licensee’s electrical and water usage.
5. CRC may regulate the number of immature cannabis plants and the size of the grow canopy

NJSA 24:6I-37c – Fees
1. In the form of a schedule that charges more for more square footage or on premise which more mature cannabis plants are grown.
2. All $ deposited into the Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Fund

NJSA 24:6I-37d – Issue or Deny Class 1 license
1. CRC can issue or deny Class 1 Cannabis Cultivator License or conditional license in accordance with NJSA 24:6I-35.
2. CRC can suspend or revoke Class 1 Cannabis Cultivator License “for cause”. Appeal to the Appellate Division

NJSA 24:6I-37e – Display the license
• Display the license at all times on premises.

NJSA 24:6I-37f – Any Changes
• Report changes in information about licensee to CRC.

NJSA 24:6I-38 – Grow Canopies for licenses cannabis cultivators
   a. CRC to Adopt rules and regulations restricting the size of mature cannabis plans grown in canopies
   b. CRC to consider

• Same amount of leaves and limit canopies so that flowers should be produced regardless of whether grown outdoors or indoors.
• Tier system so that canopy may increase or decrease
• no increase if you received discipline for violating anything in NJSA 24:6I-31 et al
• Look at supply and demand when adopting regulations

This section not applicable to cannabis cultivating if premises used to propagate immature cannabis plants 24:6I-37

NJSA 24:6I-39 – Class 2 Cannabis Manufacturer
Basically, Same as Class 1

NJSA 24:6I-40 – Class 3 Cannabis Wholesaler license
Basically, Same as Class 2

NJSA 24:6I-41 – Class 4 Cannabis Distributor License
Basically, Same as Class 3 BUT Greater fees for larger transportation operations.

NJSA 24:6I-42 – Class 5 Cannabis Retailer license
Cannabis items are retailed and may include purchase orders for off-premises delivery by a certified cannabis handler. May include consumer purchases to be fulfilled from the retail premises that are presented by a cannabis deliver service with a Class 6 Cannabis Delivery Service license and which will be delivered by the Cannabis deliver service to that consumer.

Basically, Same as Class 2

Subject to endorsement to consume cannabis on premises by municipality pursuant to NJSA 24:6I-21.
    1. Retailer can operate consumption area on premises. Consume what you bought there or brought in by a person to the consumption area.
    2. Only one area per licensed cannabis retailer
    3. Area shall be indoors but separate from retail store or an exterior structure on the same premises.
    4. Ok to bring cannabis items purchased by a consumer in retail establishment to that area. Do not exceed the limits established by the Commission.

NJSA 24:6I-43 Class 6 – Cannabis Delivery license
License issued by the CRC for the premises from which the cannabis delivery service will conduct operations to provide courier service. Services include the ability of a consumer to purchase cannabis items directly through the delivery service after presenting the purchase order to the cannabis retailer for fulfillment is delivered to that consumer.

Fees shall be in the form of a schedule that imposes a greater fee for larger delivery operations.

NJSA 24:6I-44 – Certification of Personal Use Cannabis Handlers

a(1) Anyone who performs work for or on behalf of a person who hold any class license (1-6) shall have a valid certificate issued by the CRC if they

-possess, secure, sell; recording or possession, securing, or recording of possession, securing or selling; transportation of cannabis

  1. Can have personal use cannabis handler and medical cannabis handler at the same time.

d (1) CRC may require applicant to complete course

j (1) Deliveries only to residence

(2) Delivery only made to legal consumer 21

(3) No deliveries to residence on Federal land or buildings leased to by Federal Government.

(4) Driver must be at least 18 years of age

(7) Cannabis handler shall have access to a secure form of communication with the cannabis retailer or cannabis delivery service such as a cellular telephone.

(9) Delivery vehicles shall be equipped with a secure lockbox in a secured cargo area.

(10) Certified cannabis handler shall not leave cannabis items in an unattended delivery vehicle unless vehicle is locked and equipped with an active vehicle alarm system.

(11) Delivery vehicle must have a GPS device.

  1. CRC may authorize internet-based web service developed and operated by an independent third-party entity that need not have a license and is not a significantly involved person or investor in any license. The system may be used by cannabis retailers to receive, process, and fulfill orders by consumers, or used by consumers to request or schedule deliveries of cannabis items pursuant to j above.

NJSA 24:6I-45 – Municipal cannabis regulations

a. A municipality may enact ordinances not in conflict with 24:6I-31 et al

    1. Governing the number of cannabis establishments, distributors or delivery services as well as the location, matter and times of operation but the time of operation of delivery services shall be subject only to CRC regulation.
2.
Establishing civil penalties for violation of an ordinance or regulation governing number 1 above.

b. The failure of a municipality to enact an ordinance prohibiting the operation of one or more classes of cannabis establishments or cannabis distributors or cannabis deliver services within 180 days after February 22, 2021, shall result in any class of cannabis establishment or a cannabis distributor or cannabis delivery service that is not prohibited from operating within the municipality as being permitted to operate, growing, cultivating, manufacturing, and selling and reselling of cannabis and cannabis items, and operations to transport in bulk cannabis items by a cannabis cultivator, cannabis manufacturer, cannabis wholesaler or as a cannabis distributor or cannabis delivery services. Shall be permitted use in all industrial zones

Selling of cannabis items to consumer from a retail store by a cannabis retailer shall be a conditional use in all commercial zones or retailers, subject to meeting the conditions set forth in any applicable zoning ordinance or receiving a variance from one or more of those conditions in accordance with the MLUL.

After five (5) years, municipality can prohibit future operations of any one or more classes.

But any ordinance is prospective only and does not apply to any cannabis establishment, distributor or delivery services operating in the municipality prior to enactment of the ordinance.

c(1) When CRC receives a cannabis application for initial licensing or renewal of an existing license, CRC shall provide within 14 days a copy of the application to the municipality unless the municipality has prohibited the operation of the particular class of business for which licensure is sought

or

in the case of an application seeking a consumption area endorsement, prohibited the operation of cannabis retailers.

The municipality shall determine whether the applicant complies with its local restrictions on the number of cannabis establishments, distributors, or delivery services or their locations, manner, or times of operation and the municipality shall inform the CRC whether the application complies with its local restrictions.

2. A municipality may impose a separate local licensing or endorsement requirement as part of its restrictions on the number of cannabis establishments, distributors, or delivery services or their location, manner, or times of operation. A municipality may decline to impose any local licensing or endorsement requirements; but a local jurisdiction shall notify the CRC that it either approves or denies each application forwarded to it.

NJ Cannabis Statutes