Sep 24, 2021

In August 2021, the New Jersey Cannabis Regulatory Commission (CRC) adopted the Personal Use Cannabis Rules pursuant to N.J.S.A. 24:6I-34(d)1a of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq.

As provided in N.J.A.C. 24:6I-37, every application is scored and reviewed on a point scale. The Commission will determine the amount of points, point categories, and the system of point distribution by regulation. The specifics regarding scoring and assignment of points will be made available in the Request for Applications which will be published by the CRC.

The requirements for an annual license application are provided in N.J.S.A. 17:30-7.10. A separate application is required for each license requested. Below is a general overview of what is needed to submit an application for a license. For comprehensive information regarding application requirements, be sure to refer to the statute.

License Applicant Information: documentation about the business entity

Proposed Location: address, description, and site plan of the potential location; certification from the landlord

Compliance with Codes and Ordinance: evidence of such compliance and zoning approval

Proof of Local Support: resolution by governing body or letter of support

Insurance Coverage: liability insurance

Business and Financial Plan

Environmental Impact Plan: sustainable alternatives for packaging, water usage, etc.

Safety and Security Plan: alarm system, limited access, monitoring, video cameras, and panic buttons

Community Impact, Social Responsibility, and Research Statement

Workforce Development and Job Creation Plan

Standard Operating Procedures: adverse event reporting, quality assurance and quality control, recall, packaging and labeling, inventory control, storage, diversion prevention, recordkeeping, waste disposal, sanitation, accounting and tax compliance, test result reporting

Labor Peace Agreement: with bona fide labor organization

Bonus Point Categories: evidence of the following is not required but will benefit the applicant

Collective bargaining agreement, project labor agreement, at least one owner lived in New Jersey for at least five years

Operating Plan:

For Cultivators: a written description of the applicant’s qualifications for cultivation of cannabis, agriculture practices, quality control and assurance, recall plans, packaging and labeling, inventory control, chemistry and  testing of cannabis, water management practices, odor mitigation practices, onsite and offsite recordkeeping, strain variety and plant genetics, pest control, waste disposal plans, and compliance with regulations

For Retailers: a written description of the applicant’s qualifications for sale of cannabis to consumers, cannabis product evaluation procedures, recall plans, packaging and labeling, inventory control for sales, routes of administration, strains, varieties, and cannabinoid profiles of cannabis, odor mitigation practices, onsite and offsite recordkeeping, waste disposal plans, and compliance with regulations 

For Manufacturers: a written description of the applicant’s qualifications for manufacture and creation of cannabis products using appropriate extraction methods, quality control and quality assurance, recall plans, packaging and labeling, inventory control, analytical chemistry and testing of cannabis, water management practices, odor mitigation practices, onsite and offsite recordkeeping, a list of formulations or products to be manufactured, intended use and sourcing of non-cannabis ingredients, waste disposal plans, and compliance with regulations

Pursuant to N.J.A.C. 24:6I-37, an applicant must meet the following requirements:

  • At least one significantly involved person must reside in New Jersey for at least 2 years;
  • Any person with financial interest and decision making authority must provide evidence he or she is 21 years of age or older; and
  • Any owner who holds more than a minimum interest, any director, any officer, and any employee must undergo a criminal history record background check.

To discuss any aspect of the licensing process with a qualified Cannabis lawyer, please contact our experienced attorneys at Chasan Lamparello Mallon & Cappuzzo, PC.

This post provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey

Chasan Lamparello
Mallon & Cappuzzo, PC

300 Lighting Way
Suite 200
Secaucus, NJ 07094
phone icon (201) 348-6000
fax icon (201) 348-6633
info@chasanlaw.com

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