New Jersey Retail Cannabis

The sale of weed to adults became legal in New Jersey on April 21, 2022. Therefore, anyone over 21 could use the plant. Retailers of medical marijuana and marijuana for recreational use need to read and understand a lot of law language in order to stay in line.  For New Jersey dispensary owners, this post breaks down 8 important rules about weed.

New Jersey Cannabis Laws At A Glance

  • Dispensaries are prohibited from selling food, beverages, alcohol, or tobacco
  • New Jersey cannabis businesses must develop, implement, and maintain an operation manual
  • Dispensaries in New Jersey must take proper steps to ensure that their business is properly protected
  • Medical cannabis is no longer subject to New Jersey sales tax
  • Recreational cannabis is subject to New Jersey sales tax at 6.625% plus a social equity excise fee of 1/3 of 1%
  • Adult-use cannabis is legal for purchase for anyone age 21 or older in the state of New Jersey as of April 21, 2022
  • The New Jersey Cannabis Regulatory Commission (“CRC”) is charged with overseeing and regulating the legal cannabis industry in New Jersey
  • Dispensaries must keep odors from escaping the premises of a retail cannabis location.

Medical Marijuana Dispensary Licensing

Legal reference: (3) If someone wants to open a medical cannabis dispensary, the operating plan summary must include a written account of how qualified, experienced, and knowledgeable the person is about each of the following: (a) Medical cannabis that can be legally given by the state to people who qualify; (b) Medical care, medicine, and treatment for people with qualifying medical conditions; (c) ways to evaluate medical cannabis products; (d) plans for recalls (e) packaging and labeling.

(f) software or systems for keeping track of inventory and selling medical cannabis; (g) ways to talk to patients about cannabis; and (h) the ways to use, strains, varieties, and cannabinoid profiles of cannabis d. The commission has to come up with criteria according to subsection b. These must include the criteria in subsections c. and e. of this section, as well as any other criteria they come up with. They must also look at the following factors if they apply: (1) The applicant’s plan for affecting the world.

(2) A brief outline of the applicant’s safety and security plans and processes, which must include details about the following: (a) plans for hiring security staff, including contractors; (b) information about the experience or qualifications of security staff and proposed contractors; (c) details about security and surveillance systems, such as alarms, video surveillance, access and visitor management systems, and drawings showing where cameras and other security features will be placed; (d) plans for keeping medical cannabis and medical marijuana safe. (e) a plan to keep people from getting distracted;

(f) a plan for what to do in case of an emergency; and (g) steps for hiring people and screening, keeping an eye on, and checking their crime records. Part 16 of the 2021 law (h) cybersecurity procedures, such as how to collect, process, and store patient data if the applicant is applying for a medical cannabis dispensary permit, and how well they know State and federal privacy laws; (i) workplace safety plans and how well the applicant knows federal Occupational Safety and Health Administration rules; (j) the applicant’s history of workers’ compensation claims and safety assessments; and (k) procedures

(3) An outline of the applicant’s business experience, which should include, if relevant, the following: (a) the applicant’s experience running businesses in industries with a lot of rules; (b) the applicant’s experience running alternative treatment centers and related medical cannabis production and dispensation entities under the laws of New Jersey or any other state or jurisdiction in the United States; and (c) the applicant’s plan to follow 26 U.S.C. s.280E and lessen its effects on cannabis businesses, along with proof that the applicant is not in arrears.

New Jersey Retail Cannabis

The experience listed in (a), (b), and (c) of this paragraph will be given the most weight by the commission. This includes the experience of the applicant, its controlling owners, and entities that own or are controlled by the applicant. This will be followed by the experience of people who own 15% or more of the applicant’s organization and other people who are very involved with the applicant’s organization.

(4) A description of the proposed location for the applicant’s site, including the following, if applicable: (a) the proposed location, the surrounding area, and the suitability or advantages of the proposed location, along with a floor plan and optional renderings or architectural or engineering plans.

(b) the submission of zoning approvals for the proposed location, which shall consist of a letter or affidavit from appropriate municipal officials that the location will conform to municipal zoning requirements allowing for such activities related to the cultivation, manufacturing, or dispensing of medical cannabis, cannabis products, and related supplies as will be conducted at the proposed facility.

(c) the submission of proof of local support for the suitability of the location, which may be demonstrated by a resolution adopted by the municipality’s governing body indicating that the intended location is appropriately located or otherwise suitable for such activities related to the cultivation, manufacturing, or dispensing of medical cannabis, cannabis products, and related supplies as will be conducted at the proposed facility. No matter what else this subsection says, an application won’t be considered unless it comes with proof that the applicant will have full control of the property once the application is approved.

This proof could be a lease agreement, a contract for sale, a title, a deed, or something similar. Additionally, if the applicant plans to rent the space, their application will not be considered unless it includes a statement from the landlord saying that they are aware that the tenant will be using the space for activities related to growing, making, or dispensing medical cannabis and medical cannabis products. If an application doesn’t have the things listed in (b) or (c) of this line, it won’t be thrown out.

(5) A statement about the research, social responsibility, and effect on the community. This statement must include, but not be limited to, the following: (a) a community impact plan that explains how the applicant wants to make the community where the proposed entity will be located better.

This plan should include an economic impact plan, a list of outreach activities, and any financial help or discount plans the applicant will offer to qualifying patients and designated caregivers; (b) a written account of the applicant’s history of social responsibility, philanthropy, and ties to the prop When the commission looks at the information sent in under (b) and (c) of this paragraph.

it will give the most weight to responses from the applicant, controlling owners, and entities that own or are controlled by the applicant. This will be followed by responses from people who own 15% or more of the applicant’s organization and then responses from people who are very involved in the applicant’s organization.

(6) A plan for developing the workforce and creating jobs, which could include details about the applicant’s past of creating jobs and their plans to do so at the proposed facility; a plan for diversity; and education, training, and resources that will be available for employees.

(1) A plan for the business and money, which could include, but isn’t limited to, the following: (a) a summary of the applicant’s business plan; (b) proof that the applicant has the money to carry out the business plan, such as bank statements, business and personal financial statements, net worth statements, and debt and equity financing statements.

(c) a description of how the applicant plans to follow the cannabis-related guidance issued by the Financial Crimes Enforcement Network under 31 For this part of the rule, the commission will only look at bank references for accounts that are in the applicant’s name or the name of a business that the applicant owns or controls. If an applicant doesn’t send in the information listed in this line, they won’t be automatically ruled out of the running.

Title 16 of the P.L. 2021 (8) If any of the applicant’s majority or controlling owners have been approved by the commission before to work as an officer, director, principal, or key employee of an alternative treatment center, personal use cannabis establishment, distributor, or delivery service, and they must have done so for at least six months at the alternative treatment center.

(9) Whether the applicant can demonstrate that its governance structure includes the involvement of a school of medicine or osteopathic medicine licensed and accredited in the United States, or a general acute care hospital, ambulatory care facility, adult day care services program, or pharmacy licensed in New Jersey, provided that:

(a) the school, hospital, facility, or pharmacy has conducted or participated in research approved by an institutional review board related to cannabis involving the use of human subjects, except in the case of an accredited school of medicine or osteopathic medicine that is located and licensed in New Jersey.

(b) the school, hospital, facility, or pharmacy holds a profit share or ownership interest in the applicant’s organization of 10 percent or more, except in the case of an accredited school of medicine or osteopathic medicine that is located and licensed in New Jersey.

(c) the school, hospital, facility, or pharmacy participates in major decision-making activities within the applicant’s organization, which may be demonstrated by representation on the board of directors of the applicant’s organization. (10), if any, the suggested members of the applicant’s medical advisory board that will be set up under Section 15 of P.L.2019, c.153 (C.24:6I-7.5).

(11)If the applicant plans to work with a prisoner reentry program or already does, help find and promote job openings at the applicant’s group for former prisoners and current prisoners who are leaving the prison system. If so, the applicant must give information about the name of the re-entry program, the jobs that will be available at the applicant’s organization for the re-entry population, and any other activities that the applicant’s organization will do to help and support the re-entry population.

12. Any other information the commission thinks is important to know when deciding whether to give the applicant a pass. In addition to the information required by subsections c. and d. of this section, all permit applicants must also send in a statement signed by a real labor organization stating that they have signed a labor peace agreement with the applicant.

This is except for applicants for a conditional permit or for an entity that is a micro business as defined in subsection e. of section 11 of P.L.2019, c.153 (C.24:6I-7.1). A legitimate labor organization must be part of a labor peace agreement in order to keep a medical cannabis cultivator, medical cannabis manufacturer, or medical cannabis dispensary permit. The only exception is if the entity has an unconverted conditional permit. If someone is given a conditional permit under subsection d.

of section 11 of P.L.2019, c.153 (C.24:6I-7.1), they must show proof that they are keeping a labor peace agreement with a real labor organization. They must also show proof that they are paying their part of the agreement. If a medical cannabis grower, medical cannabis manufacturer, or medical cannabis store doesn’t sign a collective bargaining agreement within 200 days of opening, their permit or conditional permit will be suspended or revoked.

All Alternative Treatment Centers (ATCs) in New Jersey that were given licenses before the 2019 Request for Applications (RFA) have to be vertically integrated.

Vertical integration is not required for medical marijuana dispensaries, but it is needed for ATCs. In New Jersey, the commission has to first accept the application for a medical cannabis dispensary before it can be opened.

The commission gives points to factors in the operating plan when an application is sent in. Additionally, people who live in New Jersey will receive extra points.

Read More: 5 Nevada Cannabis Laws You Definitely Need to Know!

An ATC operating plan must include a description of the applicant’s qualifications for, experience in, and knowledge of each of the following topics:

  • Patient counseling procedures
  • The routes of administration, strains, varieties, and cannabinoid profiles of medical cannabis
  • Odor mitigation practices
  • Onsite and offsite recordkeeping
  • Compliance with State and federal patient privacy rules
  • Waste disposal plans
  • Compliance with applicable marijuana laws and regulations
  • State-authorized dispensation of medical cannabis to qualifying medical patients
  • Healthcare, medicine, and treatment of patients with qualifying medical conditions
  • Medical cannabis product evaluation procedures
  • Recall plans
  • Packaging and labeling
  • Inventory control and point-of-sale software

The commission may also perform an analysis of the following factors, if applicable:

  • A workforce development and job creation plan
  • A business and financial plan
  • The proposed composition of the applicant’s medical advisory board
  • Whether the applicant intends to or has entered into a partnership with a prisoner reentry program
  • The applicant’s environmental impact plan
  • A summary of the applicant’s safety and security plans and procedures
  • A summary of the applicant’s business experience
  • A description of the proposed location for the applicant’s site
  • A community impact, social responsibility, and research statement

For current ATCs seeking expansion:

The Commission does not require a full application in order to expand operations

2. The ATC must submit to the Commission:

  • A certification to the Commission that the alternative treatment center will not make operational changes that reduce access to medical cannabis for current and newly registered qualifying patients in order to operate a cannabis establishment or delivery service.
  • A list of owners, principals, management services contractors, financial sources, and vendor-contractors associated with the proposed cultivation, manufacturing, retailing, wholesaling, distributing, or delivery of cannabis items, as applicable
  • An attestation signed by a bona fide labor organization stating that the ATC has entered into a labor peace agreement with such bona fide labor organization
  • A letter of intent notifying the Commission of the licenses sought by the ATC
  • Municipal approval for each class of license sought by the ATC
  • A certification to the Commission that the alternative treatment center has sufficient quantities of medical cannabis and medical cannabis products available to meet the needs of registered qualifying patients

Recreational Cannabis Dispensary Licensing

Microbusiness

17:30-6.7 Microbusiness (a) A “microbusiness” is a cannabis business belonging to a license applicant or a license user that: 1. According to N.J.S.A. 24:6I36.f and this part, it has a smaller footprint than a normal cannabis business when it comes to how it runs, how much product it sells, and how much space it takes up. The number of microbusinesses that are allowed to run a cannabis business will not be capped, limited, or limited in any other way.

This rule against a cap, limit, or other number restriction will be the same for all types of licenses that are given out. A microbusiness that wants to get a limited or annual license or already has one must do the following: 1. Will have to pay half of the normal fee for applying for, renewing, or other types of licenses; 2. Should not have to have a statement signed by a real labor organization saying that the person applying for the license has signed a labor peace agreement with that real labor organization as a material condition of applying for a license or keeping a license.

3. Owners, passive investors, principals, and workers must meet all of the following requirements: i. Full ownership of a micro business license applicant or license holder must be owned by current New Jersey residents who have lived in the state for at least two years in a row at the time of application (59 ii). When someone applies for or already has a microbusiness license, at least 51% of the people who are applying or holding the license must live in either the municipality where the microbusiness is or will be located or a municipality directly bordering that municipality at the time of the application; and iii. The person applying for or already having a microbusiness license can’t have more than 10 workers at a time.

New Jersey Retail Cannabis

4. Will have its microbusiness building take up no more than 2,500 square feet of space. i. All the parts of the building that are used by the microbusiness must be considered part of the microbusiness site; and 5. That is, a small-scale weed grower must: i. Has to be a weed grow area that is no bigger than 2,500 square feet (measured horizontally) and 24 feet (measured vertically above that plane); and ii. Get rid of no more than 1,000 weed plants every month; 6. that makes cannabis as a small business, must buy no more than 1,000 pounds of useful cannabis every month; and 7.

That is, a small-scale cannabis store, can only buy up to 1,000 pounds of usable weed or the same amount of any other cannabis product every month. (d) A small business with an annual license can’t give or sell its license. 60 (e) According to N.J.A.C. 17:30-7.15, a microbusiness with an annual license can apply to change from a microbusiness to a normal cannabis business and grow beyond the limits of this section.

Conditional

A person applying for a conditional license must send in a full, separate application for each cannabis business license they want and for each address and business location where they want to run their company. (b) A person applying for a license must include the following things with their restricted license application so that the Commission can look them over:

1. The applicant’s email and physical address for the cannabis business they want to open;

2. The person applying for a license’s federal and state tax ID numbers;

3. Proof that the Division of Revenue and Enterprise Services in the Department of the Treasury has a current Business Registration Certificate on file

4. Details about the group that wants to get a license, such as its legal name, any registered alternative names it may do business under, and a copy of its bylaws and articles of organization;

5. The planned cannabis business’s business plan and a description of how it will be run

6. The applicant for the license’s plan for getting the right liability insurance for the planned cannabis business 7. A regulatory compliance plan that explains how the person applying for the license will meet the last few regulatory requirements to get a yearly license

8. A declaration signed by the license holder, stating that the information on the application is true and correct 9. When the Commission asks for information about the license holder, they must sign a release authorizing the release of all information.

10. The license holder must sign a waiver of liability for any damages resulting from the disclosure or publication in any way, other than willfully unlawful disclosure or publication, of any information obtained during the licensing process.

11. Any fees that are required by law In order to get a restricted license, the person applying for it must include and explain the following things about their qualifications, as required by N.J.A.C. 17:30–7.4: 83 1. A list of the applicant’s owners, principals, and employees, along with their names, addresses, dates of birth, resumes, and a photocopy of their driver’s licenses or another state or federally-issued form of identification that can be used to show they are at least 21 years old

2. A list of the license applicant’s people who have lived in the state for at least two years as of the date of the application, along with proof of that residency.

3. A list of the license applicant’s owners and the amount of ownership held by each owner; 4. A list of any possible vendors, cash sources, or management service providers; 5. As needed, personal history disclosure forms should be filled out by any owners, principals, financial sources, or management services contractors of the licensed candidate

6. Forms for disclosing information about any owners, principals, financial sources, or management services contractors of the license applicant. These should include papers about how the company was formed, any proposed or signed agreements for management services or financial sources, and tax returns if needed. Proof that each owner of the conditional license application who has the power to make decisions had an adjusted gross income of no more than $200,000 or $400,000 if filing jointly with another person during the previous tax year

8. A statement that every owner of a license applicant for a conditional cannabis business license who has the power to make decisions does not own any shares in another license applicant or license user who has an annual cannabis business license;

9. For every owner, principal, or employee of a license applicant or license holder, as well as every staff member of a license applicant’s or license holder’s management services contractor who helps with getting, keeping, growing, manufacturing, transporting, selling, delivering, or destroying cannabis products, they must give written permission to be fingerprinted and go through a criminal history record check.

They must also show proof that they have been rehabilitated. For each owner, principal, and employee of the license application, a certificate saying that they agree to be ruled by the courts of the State and to follow all the rules set by the State’s laws that apply to the Commission;

11. For a business that wants to get a license and is owned by a diverse group of people, proof that the business is owned by a minority group, a women’s group, or people who are injured veterans;

12. For a license applicant that is an impact zone business, proof from any qualifying owner, passive investor, or employee that the person meets the requirements for an impact zone business under N.J.A.C. 17:30-6.5; 13. For a license applicant that is a social equity business, proof from any qualifying owner or passive investor that the person meets the requirements for a social equity business under N.J.A.C. 17:30-6.6

8. For someone who wants to apply for a microbusiness license, they must show proof that at least 51% of the people who live in the municipality where the microbusiness is or will be located or a municipality bordering that municipality at the time of the application. This includes all owners, principals, and employees.

(d) A person applying for a conditional license must give the Commission a full declaration that lists all real parties with an interest. 1. The person applying for or holding the license must not try to hide or disguise ownership or other control over the business in their entries. If they do this, their application will be denied. (e) Application materials sent to the Commission under N.J.S.A. 24:6I-36 and this section are not public records under N.J.S.A. 47:1A-1 et seq. or the common law that says people have the right to see government records.

17:30–7.4 Qualifications for a conditional license holder (a) A license applicant or license holder is eligible for a conditional license if: 1. Every owner, manager, worker, management services contractor, and source of money for the license application or license holder has followed N.J.A.C. 17:30–7.12; 2. According to N.J.A.C. 17:30-7.12(d), neither the license applicant nor the license holder’s owner, principal, employee, worker, or person who has a conviction that disqualifies them must show proof of rehabilitation. In this case, 86 3. N.J.A.C.

17:30-7.12(d) says that no staff member of a license applicant’s or license holder’s management services contractor can help them get, keep, grow, make, transport, sell, deliver, or destroy cannabis items for a license applicant or license holder if they have a conviction that disqualifies them without proof of rehabilitation under N.J.A.C. 17:30-7.

12(e); 4. At least one owner of the license applicant must have lived in this state for at least two years before the application date; 5. Each owner of the conditional license application who can also make decisions has an adjusted gross income of no more than $200,000 for the previous tax year, or no more than $400,000 if filing jointly with another person; and 6. In line with N.J.A.C. 17:30-6.8, each owner and principal of the license applicant or license holder can be an owner or principal of the license applicant or license holder.

The part of the conditional license: 1. Starts the day the conditional license is given to the person applying for the license; and 2. Lasts for 120 days from the date the conditional license was granted or until the end of an extension. 88 i. If a conditional license isn’t renewed, it can only be expanded under this section or for good reason, as the Commission sees fit. ii. If a conditional license is changed with an annual license, it will expire. If not, the Commission can take away the conditional license for any reason.

If someone has a restricted license, they can ask for an extra 45 days, and the Commission may agree to it depending on the circumstances. As long as the person who has the conditional license has also sent in a full application to convert it to a permanent license, the Commission will extend the conditional license while the full application is being looked at by the Commission.

(d) A person with a conditional license must do the following during the conditional licenses phase: 1. Put the cannabis business in charge of the suggested site by renting, buying, or some other method; 2. Get permission from the city; and 3. Make an application for a conditional license change and send it in. (e) A person with a conditional license is not allowed to buy, possess, sell, grow, make, or offer for sale cannabis or cannabis goods during the conditional license phase.

(f) During the conditional license phase, the person holding the conditional license can get more money by adding new loans or gifts from private or public sources that weren’t listed on the application for the conditional license. The majority share of stock in the license holder must stay the same during the conditional license phase as it was when the license was issued.

However: 89 1. A conditional license holder’s owner or passive investor can give a qualifying third party a stake in the business; and 2. The person with a conditional license can add new owners and leaders who meet the requirements.

(h) In spite of (g) above: 1. N.J.A.C. 17:30-6.4 says that a person who has a conditional license for a diversely owned business cannot give away any ownership interests that would make the license applicant no longer meet the standards for a diversely owned business. N.J.A.C. 17:30-6.5 says that a person who has a conditional license for an impact zone business cannot give away any ownership interests that would make the license applicant no longer meet the impact zone business requirements.

N.J.A.C. 17:30-6.6 says that a person who has a conditional license for a social equity business cannot give away any ownership interests in a way that makes the license applicant no longer meet the standards for a social equity business. N.J.A.C. 17:30-6.7 says that a person who has a conditional microbusiness license cannot give away any ownership interest in a way that makes the license candidate no longer meet the requirements for a microbusiness license.

N.J.A.C. 17:30-6.8 says that a person with a conditional license can’t break the rules that apply to owners and directors. (i) A person who has a conditional license can ask the Commission to change the place where the license applicant was given conditional license approval to a different location, and the Commission may agree. The new location must be listed on the application for a conditional license conversion. 90(j) During the conditional license phase, the holder of a conditional license can also tell the Commission that it wants to give up the license. The Commission will then return the license to the holder.

The following requirements must be included in the conversion application: 1. All the facts needed according to N.J.A.C. 17:30-7.3, plus any changes; 2. For each planned location of a licensed applicant’s cannabis business, a description of the proposed location and the area around it should include i. The mailing and physical address of the place where the license candidate wants to work; ii. As well as a description of why the suggested location is good; and 94 iii. A site plan with a floor plan of the suggested location, which could also include renderings, architectural plans, or engineering plans if desired

3. For each place where a license candidate wants to open a cannabis business, proof that they will follow all local rules and laws, such as but not limited to: i. How far away it is from the nearest religious building like a church, synagogue, temple, or other place of prayer; or ii. How far it is to get to the nearest school, playground, park, or daycare for kids

4. Zoning approval, which must include a letter or affidavit from the right people in the municipality stating that the location meets the location’s zoning requirements for activities related to the proposed cannabis grower, cannabis manufacturer, or cannabis retailer, as they will be carried out at the proposed cannabis business premises, as well as any variances granted for running a cannabis business

5. Evidence of support from the people in the area must be shown by a decision passed by the municipality’s governing body or, if the municipality does not have a governing body, a letter of support from the municipality’s executive; 6. For each proposed location of a licensed applicant’s cannabis business, proof that the applicant will have full control of the space once the application is approved.

This can be a lease agreement, a contract for sale, a title, a deed, or something similar 8. An action plan for the earth that includes looking into long-term alternatives to single-use plastic packaging; 8. The safety and security plan must be in line with N.J.A.C. 17:30-9.10; 9. A statement about the research, social responsibility, and effect on the community

10. A plan for job creation and workforce development, which can include a diversity plan if desired; 11. How to do things the right way for i. Reporting of adverse events; ii. Making sure of quality and checking it; iii. Remember; iv. Packaging and marking; v.

Keeping track of inventory, storing it, and stopping it from being stolen; vi. Keeping records; vii. Elimination of waste and cleanliness; viii. Growing, making, selling in stores, delivering, and safe transport, as needed for the type of license being sought; ix. Keeping track of money and taxes; and x. Reporting test results that are needed for the type of license being sought; 12.An affirmation signed by a real labor organization that the license applicant has signed a labor peace deal with that real labor organization. i. This is not required for someone who already has a conditional license and is running a microbusiness

13. For a social equity business, a diversely owned business, or an impact zone business, proof that the license applicant is still following the rules of those designations; and 14.Any other application requirements set by the Commission based on the notice of acceptance of application published in the New Jersey Register under N.J.A.C. 17:30-6.1. N.J.A.C. 17:30-7.10(d) says that the yearly license qualification submissions must be included with the conversion application.

(c) A person who wants to change their cannabis business to a conditional one must give the Commission a full disclosure that lists all real parties with a stake. 1. The person applying for or holding the license must not try to hide or disguise ownership or other control over the business in their entries. If they do this, their application will be denied. (d) Application materials sent to the Commission under N.J.S.A. 24:6I-36 and this section are not public records under N.J.S.A. 47:1A-1 et seq. or the common law that says people have the right to see government records.

Annual License:

People who want to get an annual license must fill out a full, separate application on forms provided by the Commission for each cannabis business license they want and for each address and business location where they want to run their business. (b) As part of the annual license application process, a person wanting to get a license must show and send the following things to the Commission for review: 1. The person applying for a license’s Federal and State tax ID numbers;

2. Proof that the Division of Revenue and Enterprise Services in the Department of the Treasury has a current Business Registration Certificate on file

3. Details about the person or business applying for the license, such as its formal name and any registered alternative names it may use for business.

4. It must include a copy of the formation documents for the license applicant entity. These could be articles of incorporation or organization, charter, bylaws, stock issuance records, operating agreements, partnership agreements, and any other documents that set out the legal and ownership structure of the entity.

If needed, proof from the Federal or State government that the license candidate is a nonprofit organization; 101 6. An outline of the planned site and the area around it, including the following: i. The mailing and physical address of the place where the license candidate wants to work; ii. A description of why the suggested location is good or useful; iii. A site plan of the suggested location with a floor plan and any renderings, architectural plans, or engineering plans that are desired.

7. Proof that you follow the rules and laws in your area, such as, but not limited to i. How far away it is from the nearest religious building like a church, synagogue, temple, or other place of prayer; or ii. How far away the closest school, playground, park, or child care center is 8.

7. Zoning approval, which must include a letter or affidavit from the right people in the municipality stating that the location meets the requirements of the municipality’s zoning laws so that activities related to the proposed cannabis grower, manufacturer, or retailer can happen on the proposed cannabis business property.

8. Any variances granted for running a cannabis business

9. Evidence of support from the people in the area must be shown by a vote passed by the municipality’s governing body or, if the municipality does not have a governing body, a letter of support from the municipality’s executive.

10. Proof that the person applying for the license will have full control of the property once the application is approved. As an example of paperwork, a lease agreement, a contract for sale, a title, a deed, or other similar files.

11. If the license applicant plans to rent the space, they need proof from the owner that the landlord knows the tenant will be using the space for business-related activities related to growing cannabis, making cannabis products, or selling cannabis. i. If someone applies for a yearly license without this certification, their application will not be considered

12. How does the person applying for the license plan get the right liability insurance for the planned cannabis business

13. Supporting evidence for any of the following bonus point groups, as needed: i. Applicants for licenses who have signed a collective bargaining agreement with a real labor group that covers cannabis workers in New Jersey or are actively looking to do so; ii. People who want to get a license and are part of a collective bargaining agreement with a real labor group that represents cannabis workers in another state.

People who want to get a license must show a signed project labor agreement with a real building trades labor group for the construction or renovation of the facilities they own; iv. License applicants who send in a signed project labor agreement with a real labor organization for any other project that is related to the license applicant; and 103. License applicants who have at least one owner who has legally lived in New Jersey for at least five years as of the date of the application

14. A working plan, which may include a plan for growing, making, or selling cannabis legally under N.J.S.A. 24:6I-36.c(1)(b)(i), (ii), and (iii)15. A plan for the business and money.16. An environmental impact plan must include at least thinking about long-term alternatives to single-use plastic packaging, reducing water use, and anything else the Commission says in a notice of application acceptance published in the New Jersey Register under N.J.A.C. 17:30-6.1; 17. The safety and security plan must follow N.J.A.C. 17:30-9.10; 18. A statement about the research, social responsibility, and effect on the community

19. A plan for building up the workforce and creating jobs, which could include an optional plan for Variety

20. How to do things the right way for i. Reporting of adverse events; ii. Making sure of quality and checking it; iii. Remember; iv. Packaging and marking; v. Keeping track of inventory, storing it, and stopping it from being stolen; vi. Keeping records; vii. Getting rid of waste and keeping things clean; 104 viii. Growing, making, selling, delivering, and/or safe travel, depending on the type of license being sought; ix. Keeping track of money and taxes; and x. The giving of test results, if needed for the type of license being sought.

21. It must be signed by a real labor organization and say that the person applying for the license has signed a labor peace deal with that real labor organization. i. A small business applying for an annual license does not have to meet this condition;

22. If a license applicant plans to or has already formed a relationship with a re-entry program to help find and promote job opportunities for people who are or have been in prison in the cannabis business, the details of that partnership must be disclosed.

How to get back into society; ii. The job or training options at the licensed applicant’s cannabis business will be open to people who are trying to get back into society; iii. Any other plans the person applying for the license has to help and support people who are re-entering society; and iv. The training and support that are given to help people who are reentering society get ahead 23. A declaration signed by the license holder to say that the information on the application is true and correct; 105

24. A signed permission from the license holder’s representative to give the Commission all the information they need about the license holder

25. If any information obtained during the licensing process is shared or published in any way, other than willfully breaking the law, the license holder agrees not to be responsible for any damages. This must be signed by a representative of the license holder

26. Any other information the Commission thinks is important in deciding whether to grant a license to the applicant. c) The annual license application for a cannabis retailer must include a statement that the proposed location is not in or on any property that is used by a grocery store, delicatessen, indoor food market, or other store that sells food; or any property that is used by a store that sells alcoholic beverages legally, as defined at N.J.S.A. 33:1-1.b. (d) According to N.J.A.C. 17:30-7.11, a license applicant must include and explain the following things as part of the annual license application: 1.

New Jersey Retail Cannabis

2. An organizational chart of the license applicant’s cannabis business that shows who owns it, who controls it, and how it runs. The chart should show owners, principals, management services contractors, managers, and all of the license applicant’s parent companies, subsidiaries, affiliates, predecessors, and successors. A list of all the people who own, passively invest in, are principals in, or run the license applicant, along with their names, addresses, dates of birth, and the amount of ownership each owner or passive investor has 106

3. People who own or are in charge of the license applicant must show a copy of their driver’s license or another photo ID given by the state, another state, or the federal government. This shows that they are at least 21 years old. A filled Personal History Disclosure Form with a resume for each person who owns or runs the business that is applying for a license

5. A list of the license applicant’s owners who have lived in the state for at least two years as of the date of the application, along with proof of that residency; 6. To get a license or keep one, every owner, principal, or employee must show proof that they have been fingerprinted and give written permission to go through a criminal history record check. This also goes for staff members of a license applicant’s or license holder’s management services contractor who helps with getting, keeping, growing, manufacturing, transporting, selling, delivering, or destroying cannabis products. If someone wants to work for or own a license applicant or license holder but has a crime that disqualifies them according to N.J.A.C. 17:30-7.12(d), they must show proof of rehabilitation according to N.J.A.C. 17:30-7.12(e),

if they have any; 8. For anyone who wants to work for a license applicant’s or license holder’s management services contractor and helps with getting, keeping, growing, making, transporting, selling, delivering, or destroying cannabis products and has a conviction under 107 N.J.A.C. 17:30-7.12(d), they must show proof of rehabilitation under N.J.A.C. 17:30-7.12(e), if they have any; 9. A list of any criminal charges or convictions for the person applying for the license and all of its owners, leaders, or managers; 10. A list of all the companies that own, passively invest in, work with, or provide management services for the license applicant, along with their names, addresses, and the amount of ownership held by each owner and passive investor; 11. An Entity Disclosure Form must be filled out by any business that owns, manages, or provides management services to a license application.

Individuals or groups that own at least 10% of a licensed applicant’s management services contractor or are part of the executive team must provide their full names, addresses, dates of birth, jobs, and the amount of ownership interest they have in the management services contractor. They must also fill out a Personal History Disclosure Form. i. The only exception is a qualified institutional investor who owns or controls a management services contractor and does not need to fill out a Personal History Disclosure Form for each person; 13. Any deal for management services, as stated in N.J.A.C. 17:30-6.9; 14. A list of all the applicant’s parent companies, subsidiaries, affiliates, predecessors, and heirs; 15. A list that starts with the formation of the license applicant company and includes all of its possible names and all events involving it, such as sales, mergers, business combinations, or consolidations; 108

16. A list of all the financial sources, such as approved institutional investors, that owe money to the person applying for the license. i. What kind of debts the license applicant has, how much they owe, what the terms and conditions are, and how important they are; this includes any bonds, loans, mortgages, trust deeds, debentures, lines of credit, notes issued or executed, or notes that will be issued or executed; ii. An Entity Disclosure Form that is filled out for every source of money that isn’t an approved institutional investor; and

iii. A Personal History Disclosure Form that is filled out for each person who gives money; 17. Any agreement, term sheet, contract, or side letter between an owner, principal, or financial source and another party that changes the legal structure of the license applicant and has to do with the license applicant’s assets, liabilities, revenue, funding, capitalization, royalties, profit, or future profit; or any similar documents that change the legal structure of the license applicant; this includes any financial source agreement. A list of all the vendors and contractors that the person applying for the license has deals or contracts with; 19. For the person applying for the license and all of its owners, leaders, managers, management services companies, parent companies, subsidiaries, affiliates, predecessors, or successors:

109 i. A list of all the companies that have or have had permits, licenses, or other permissions to grow, make, sell, or distribute medical cannabis or cannabis in any country, including a foreign country, where the person or entity is an owner, principal, or employee and has been for at least six months; 20. For the license applicant and all of its parent companies, subsidiaries, affiliates, predecessors, or successors A list of all the times they broke any state or federal law, rule, or code in the past, along with any judgments, orders, consent decrees, consent orders, sanctions, or penalties that came with them.

ii. A list of all the lawsuits that the company was involved in, whether they were still going on or ended in the last five years, in this state or another; 21. A list of all the banks where the license applicant has had an account in the last five years; 22. A list of all the times the license applicant or any of its parent companies, subsidiaries, affiliates, predecessors, or successors has filed for bankruptcy or insolvency, along with a copy of any bankruptcy decree that came out of those processes.

23. A list of all the charitable donations the person applying for the license has made in the last five years; 24. A list of the stocks that the business owner wants to license; 25. Every owner, principal, management services contractor, and employee of the license applicant must sign a document stating that they agree to be ruled by the courts in the state and follow all the rules set by state law when it comes to the Commission.

26. As per N.J.A.C. 17:30-6.4, a license application that is a diversely owned business must show proof that they are a minority-owned business, a woman-owned business, or a disabled veteran-owned business. Because the applicant is an impact zone company, they need to show proof that they meet the requirements for an impact zone business license (N.J.A.C. 17:30-6.5; 28).

This can come from any qualifying owner, passive investor, or employee. For everyone applying for a license, even a social equity business, an attestation from any suitable owner or passive investor stating that the person meets the requirements for a social equity business, as stated in N.J.A.C. 17:30-6.6; 29. For someone applying for a microbusiness license, proof that at least 51% of the people who work for or own the micro business (including owners, managers, and employees) live in or plan to live in the municipality where the microbusiness is or will be located, or a municipality directly adjacent to that municipality, at the time of the application

30. A statement that the person applying for the license took reasonable steps to make sure that the information they sent was correct and that each person or organization listed could legally be an owner or leader under N.J.A.C. 17:30-6.8; and 31. Any other requirements for applications set by the Commission in a notice of acceptance of application published in the New Jersey Register under N.J.A.C. 17:30-6.1. 111(e) A person applying for a license must give the Commission a full declaration as required by (d) above, which must include all real parties of interest.

1. In their entries, license applicants or holders must not try to hide or disguise ownership or other control over their business. (f) Application materials sent to the Commission under N.J.S.A. 24:6I-36 or this section are not public records under N.J.S.A. 47:1A-1 et seq. or the common law that says people have the right to see government records.

Payment Renewals:

People who have an annual license or an annual license that was changed from a conditional license must renew their annual license every year. In this part, there are rules about how the Commission can renew a license. (c) A license holder must send in a renewal application and the yearly licensing fee as required by N.J.A.C. 17:30-7.17 at least 90 days before their current cannabis business license expires. (d) Based on (c) above, the following can be reasons why an application to renew a license is turned down: 1. Not giving accurate, true, and up-to-date information.

2. Not following the Act or this chapter as required; 129 3. Not keeping up its position as a microbusiness, impact zone business, social equity business, or diversely owned business; or 4. Adding someone or something that isn’t thought to be fit to hold a license.

(e) Renewal papers sent to the Commission under N.J.S.A. 24:6I-7.2 or this section will not be seen as public records under N.J.S.A. 47:1A-1 et seq. or the common law that says people have the right to see government records. People who want to use cannabis for recreational purposes can apply for a microbusiness license, an annual license, or a limited license.

Conditional licenses

Applicants qualify for conditional licensing, if:

  • No owner, principal, employee, or volunteer of the license applicant or license holder has a disqualifying conviction without evidence of rehabilitation
  • Each owner, principal, employee, management services contractor, and financial source of the license applicant or license holder has complied with all criminal history background check requirements
  • No staff member has a disqualifying conviction without evidence of rehabilitation
  • At least one owner of the license applicant has resided in New Jersey for at least two years as of the date of the application
  • Each owner 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
  • 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

Conditional license application process:

A conditional license applicant must disclose and submit the following for the Commission’s evaluation:

  • A business plan and management operation profile
  • A plan to obtain appropriate liability insurance coverage
  • A regulatory compliance plan
  • An affidavit that the statements included in the application are true and correct
  • An authorization to release all information pertaining to the license holder as requested by the Commission
  • A waiver of liability for any damages results to the license holder from any disclosure or publication in any manner
  • Any applicable fees required
  • Information about the license applicant entity, including its legal name, any registered alternate name under which it may conduct business, and a copy of its articles of organization and bylaws
  • The mailing and physical address of the license applicant’s proposed cannabis business location
  • The Federal and State tax identification numbers for the license applicant
  • Documentation of a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services in the Department of the Treasury

A license applicant must also disclose and submit the following:

  • Proof that each owner of the conditional license applicant who 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
  • A certification that each owner of a license applicant applying for a conditional cannabis business license does not have any ownership interest in a license applicant applying for or a license holder holding an annual cannabis business license
  • For each owner, principal, or employee of a license applicant or license holder, as well as each 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 cannabis items, written consent to be fingerprinted and to undergo a criminal history record background check and any evidence of rehabilitation
  • For each owner, principal, and employee of the license applicant, certification confirming the person’s submission to the jurisdiction of the courts of the State and pledging to comply with all of the requirements of the state laws
  • For a license applicant that is a diversely owned business – the certification that the license applicant is one or more of a minority-owned business, women-owned business, or disabled veteran-owned business (as applicable)
  • A list of all owners, principals, and employees of the license applicant, including their names, addresses, dates of birth, resumes, and a photocopy of their driver’s licenses or other state or Federal government-issued form of identification that may be used to prove each person is not underage
  • A list of the owners of the license applicant who have resided in this State for at least two years as of the date of the application, including documentation
  • A list of the owners of the license applicant and the percentage of each owner’s ownership interest
  • A list of any proposed management services contractors, financial sources, or vendor-contractors
  • Personal history disclosure forms for any owners, principals, financial sources, or management services contractors of the license applicant (as applicable)
  • Entity disclosure forms for any owners, principals, financial sources, or management services contractors of the license applicant (as applicable)
  • For a license applicant that is an impact zone business – evidence from any qualifying owner, passive investor, or employee proving the qualification of the person under the impact zone business criteria
  • For a license applicant that is a social equity business – evidence from any qualifying owner or passive investor attesting to the qualification of the person under the social equity business criteria
  • For a microbusiness license applicant – proof that at least 51 percent of the total number of persons included in the microbusiness license applicant or license holder, including all owners, principals, and employees, are residents of either the municipality in which the microbusiness is or will be located, or of a municipality bordering such a municipality, at the time of the application.

Conditional License Requirements:

  • A conditional license can not be renewed but may be extended
  • The conditional license phase begins on the day the conditional license is issued to the license applicant and expires 120 days after the day that the conditional license was issued or at the end of an extension\
  • A conditional license holder may apply for a 45-day extension, and the Commission may grant the extension on a case-by-case basis.
  • The Commission may grant an extension of the conditional license where the conditional license holder has submitted a complete conditional license conversion application, during the time the complete conditional license conversion application is under consideration by the Commission.
  • A conditional license will expire if replaced with an annual license or can be revoked at the discretion of the Commission

During the conditional licenses phase, a conditional license holder must:

  • Gain municipal approval
  • Develop and submit a conditional license conversion application
  • Establish control of the proposed site, through lease, purchase, or other means, for the cannabis business

During the conditional license phase, a conditional license holder shall not engage in purchasing, possessing, selling, cultivating, manufacturing, or selling cannabis or cannabis products

During the conditional license phase, the conditional license holder may obtain additional resources by adding new loans or gifts from new or existing financial sources not listed in the conditional license application

During the conditional license phase, the majority share of the ownership interest in the license holder shall remain the same as at the time of license issuance, however, an owner or passive investor of the conditional license holder may transfer ownership interest to another qualified party and the conditional license holder may add new qualified owners and principals.

Read More: Vermont Cannabis Laws You Definitely Need to Know!

Conditional cannabis business conversion application:

This conversion application allows a conditional cannabis business to apply to become fully licensed in the state of New Jersey.

The conversion application includes:

A description of the proposed location and its surrounding area, including the following:

  • The mailing and physical address of the proposed location
  • A description of the suitability or advantages of the proposed location
  • A site plan of the proposed location, including a floor plan

Evidence of compliance with local codes and ordinances, including:

  • The distance from the closest church, synagogue, temple, or other place used exclusively for religious worship
  • The distance to the closest school, playground, park, or child daycare facility
  • Zoning approval
  • Proof of local support
  • Documentation demonstrating that the license applicant will have final control of the premises upon approval of the application
  • An environmental impact plan
  • A safety and security plan
  • A community impact, social responsibility, and research statement
  • A workforce development and job creation plan

Standard operating procedures for:

  • Inventory control, storage, diversion prevention
  • Recordkeeping
  • Waste disposal/sanitation
  • Cultivation, manufacturing, retail marijuana sales, delivery, secure transport (as applicable)
  • Accounting and tax compliance
  • Adverse event reporting
  • Quality assurance and quality control
  • Recall
  • Packaging and labeling

An attestation signed by a bona fide labor organization stating that the license applicant has entered into a labor peace agreement with that organization

Microbusinesses

A “microbusiness” in New Jersey refers to a license that has a smaller footprint than a standard cannabis business, with respect to its business operations, capacity, and quantity of product.

There is no limit on the number of microbusinesses authorized to operate a cannabis business.

Microbusiness cannabis retailers are required to:

  • Pay 50 percent of the amount of a standard license application, renewal, or other fee
  • Have 100% ownership by a New Jersey resident who has resided in the state for at least the past two consecutive years
  • Have at least 51 percent of the total number of persons included in the micro business be residents of either the municipality in which the micro business will be located or of a municipality directly bordering that municipality, at the time of the application
  • Employ no more than 10 employees at one time
  • Ensure the entire microbusiness facility occupies no more than 2,500 square feet
  • Sell no more than 1,000 pounds of usable cannabis per month

Annual Cannabis Business Application

Applicants for annual cannabis business licenses have to submit a separate application for each business license and physical address

To obtain an annual cannabis business application in New Jersey, applicants must submit the following information:

  • Federal and State tax identification numbers
  • Documentation of a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services in the Department of the Treasury
  • A copy of the documents reflecting the formation of the license applicant entity
  • (If applicable) Documents from the Federal or State government recognizing the license applicant entity’s nonprofit status
  • A description of the proposed location and its surrounding area, including the
  • Zoning approval
  • Proof of local support
  • Documentation demonstrating that the license applicant will have final control of the premises upon approval of the application
  • For licenses that plan to lease their location – certification from the landlord that the landlord is aware that the tenant’s use of the premises will involve activities associated with operations as a cannabis cultivator, cannabis manufacturer, or cannabis retailer
  • A plan to obtain appropriate liability insurance coverage
  • An operating plan
  • A business and financial plan
  • An environmental impact plan
  • A safety and security plan
  • A community impact, social responsibility, and research statement
  • A workforce development and job creation plan, which may include an optional diversity plan

Standard operating procedures for:

  • Inventory control, storage, diversion prevention
  • Recordkeeping
  • Waste disposal/sanitation
  • Cultivation, manufacturing, retail sale, delivery, and/or secure transport, as applicable, based on the class of license sought
  • Accounting and tax compliance
  • Adverse event reporting
  • Quality assurance and quality control
  • Recall
  • Packaging and labeling

An attestation signed by a bona fide labor organization stating that the license applicant has entered into a labor peace agreement with a bona fide labor organization

An affidavit that the statements included in the application are true and correct, sworn by the license holder representative

An authorization to release all information pertaining to the license holder as requested by the Commission, signed by the license holder representative

A waiver of liability for any damages results to the license holder from any disclosure or publication in any manner

Annually licensed cannabis retailers cannot operate their location on any premises that operates a grocery store, delicatessen, indoor food market, or other store engaging in retail sales of food; or any premises in which operate a store that engages in licensed retail sales of alcoholic beverages.

Annual license applicants must also include:

  • For a license applicant that is an impact zone business – an attestation from any qualifying owner, passive investor, or employee attesting to their qualification under the impact zone business criteria
  • For all license applicants, including a social equity business – an attestation from any qualifying owner or passive investor attesting to the qualification of the person under the social equity business criteria
  • For a microbusiness license applicant – proof that at least 51 percent of the total number of persons included in the microbusiness, including all owners, principals, and employees, are residents of either of the municipalities in which the microbusiness is or will be located, or of a municipality directly bordering such a municipality
  • A list of owners who have resided in the state for at least two years
  • A list of any criminal charges or convictions for the license applicants and any additional owners
  • A list of entities that are owners, passive investors, principals, and management services contractors of the license applicant
  • For all entities that are an owner, principal, or management services contractor of a license applicant, a completed Entity Disclosure Form
  • Cannabis business organizational charts identifying ownership, control, and operational structure
  • A list of all persons who are owners, passive investors, principals, and managers of the licensed applicant
  • For all persons that are owners or principals of the license applicant, a copy of their driver’s license or other photo identification issued by the State
  • For all persons that are owners and principals of the license applicant, a completed Personal History Disclosure Form, including a resume
  • A list that describes any and all events such as sales, mergers, business combinations, or consolidations involving the entity, including all former names of the entity
  • A list of all financial sources, including qualified institutional investors, holding debt of the license applicant
  • Any proposed or executed contract, term sheet, agreement, or side letter between an owner, principal, or financial source and another party that relates to the ownership and control structure, assets, liabilities, real or intellectual property, revenue, funding or capitalization, royalties, or profit, or future profit, of the license applicant
  • Any management services agreement
  • A list of all parent companies, subsidiaries, affiliates, predecessors, and successors of the license applicant
  • A list of all vendor-contractors with whom the license applicant has contracts or agreements
  • A list of every financial institution at which the license applicant has had an account in the last five years
  • A list of bankruptcy or insolvency proceedings by the license applicant, and each of its parent companies, subsidiaries, affiliates, predecessors, or successors, and a copy of any bankruptcy decree as a result of the same
  • A list of any charitable contributions by the license applicant in the last five years
  • A list of stocks held by the licensed applicant
  • For a license applicant that is a diversely owned business – the certification that the license applicant is a minority-owned business, woman-owned business, or disabled veteran-owned business

Annual license renewals:

The following are grounds for denial of renewal:

  • Failure to maintain its diversely owned business, impact zone business, social equity business, or microbusiness status
  • The inclusion of a person or entity not deemed qualified to hold a license
  • Failure to provide truthful, correct, and current information
  • Failure to maintain compliance with the Act or N.J.A.C.17:30

Security Requirements

Legal point of reference: 17:30–9.10 Security (a) Every cannabis business must have good controls and methods in place to keep people from getting into the building or using the computer systems without permission, stealing cannabis, or giving it to someone else. Controls like these could include, but aren’t limited to, systems that keep computer records from being changed.

151 (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 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

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; 2. Implement appropriate security and safety measures to deter and prevent unauthorized entrance into areas containing cannabis and the theft of cannabis; 3. Implement security measures that protect the premises, consumers, and cannabis business personnel

4. Establish a protocol for testing and maintenance of the security alarm system; 5. Conduct maintenance inspections and tests of the security alarm system at the cannabis business’s authorized location at intervals not to exceed 30 days from the previous inspection and test and promptly implement all necessary repairs to ensure the proper operation of the alarm system; 6. In the event of a failure of the security alarm system due to a loss of electrical support or mechanical malfunction that is expected to last longer than eight hours: 1. Tell the Commission as required by N.J.A.C. 17:30-9.11; and 152

ii. Use other security measures approved by the Commission or shut down the authorized physical addresses that were affected by the failure or malfunction until the security alarm system is fully operational again; 7. Limit access from outside the premises and make sure it is well controlled; 8. Only allow authorized personnel to enter areas where cannabis is stored; and 9. Install electronic monitoring, video cameras, and other devices inside and outside the premises. i. A video security system must be set up and used to keep an eye on all of the cannabis business’s important control activities. It must always be in good shape and be running. The weed business must give the Commission access to view from afar. Before a license is given, the Commission must accept this system. ii. The original tapes or digital pictures that this system makes must be kept in a safe place for 30 days

10. Make sure there is good lighting around the outside of the building and around its borders. i. The lighting on the outside must be bright enough to keep out nuisance and criminal activity, make surveillance easier, and try not to bother nearby businesses or neighbors.

ii. The video surveillance system must be backed up by enough security lighting that shines on all entrances and exits and can be changed as needed to include motion sensors to protect cultivation light-dark cycles if needed; and 153 11.

Give police and people living within 100 feet of the weed business the name and phone number of a staff member they can call during and after business hours to report problems with the business. (c) The video monitoring system and security alarm system mentioned in (b) above must be watched around the clock, seven days a week. 1. The security alarm and video monitoring systems can be watched from outside the building.

New Jersey cannabis businesses must provide effective controls and procedures to protect their shop.

  • Minimized access from outside the premises and ensure that access is well-controlled
  • Limited entry into areas where cannabis is held to authorized personnel
  • Electronic monitoring, video cameras, and panic buttons
  • A video surveillance system and security alarm system (which is to be monitored 24 hours a day. Monitoring can be conducted off-site) that is in working order at all times
  • Well-lit outside areas and perimeter areas
  • New Jersey law enforcement and neighbors within 100 feet of the cannabis business must be provided with the name and phone number of a staff member to notify during and after operating hours to report any problems with the establishment
  • At a minimum, dispensary security must include:
  • Safety and security alarm systems that immediately notify business personnel and police officers as well as a backup system that activates immediately
  • Appropriate security and safety measures to deter and prevent unauthorized entrance into areas containing cannabis
  • Security measures that protect the premises, consumers, and cannabis business personnel
  • Protocol for testing and maintenance of the security alarm system
  • Maintenance inspections and tests of the security alarm system every 30 days

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