New Jersey § 24:6i-33

§ 24:6i-33.

Definitions. As used in P.L.2021, c. 16 ( C.24:6I-31 et al.) regarding the personal use of cannabis, unless the context otherwise requires: “ Alternative treatment center ” means an organization issued a permit pursuant to the “Jake Honig Compassionate

Use Medical Cannabis Act,” P.L.2009, c. 307 ( C.24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer,

medical cannabis dispensary, or clinical registrant, as well as any alternative treatment

center deemed pursuant to section 7 of that act ( C.24:6I-7 ) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer

permit, and a medical cannabis dispensary permit. “ Cannabis ” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds

thereof, and every compound, manufacture, salt, derivative, mixture, or preparation

of the plant or its seeds, except those containing resin extracted from the plant,

which are cultivated and, when applicable, manufactured in accordance with P.L.2021, c. 16 ( C.24:6I-31 et al.) for use in cannabis products as set forth in this act, but shall not include

the weight of any other ingredient combined with cannabis to prepare topical or oral

administrations, food, drink, or other product. “Cannabis” does not include: medical cannabis dispensed to registered qualifying

patients pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c. 307 ( C.24:6I-1 et al.) and P.L.2015, c. 158 ( C.18A:40-12.22 et al.); marijuana as defined in N.J.S.2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the

New Jersey Statutes, or P.L.2001, c. 114 ( C.2C:35B-1 et seq. ), or marihuana as defined in section 2 of P.L.1970, c. 226 ( C.24:21-2 ) and applied to any offense set forth in the “New Jersey Controlled Dangerous Substances

Act,” P.L.1970, c. 226 ( C.24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported,

or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019, c. 238 ( C.4:28-6 et al.). “ Cannabis consumption area ” means, as further described in section 28 of P.L.2019, c. 153 ( C.24:6I-21 ), a designated location operated by a licensed cannabis retailer or permit holder

for dispensing medical cannabis, for which both a State and local endorsement has

been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis

retailer or permit holder that is separate from the area in which retail sales of

cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure

on the same premises as the cannabis retailer or permit holder, either separate from

or connected to the cannabis retailer or permit holder, at which cannabis items or

medical cannabis either obtained from the retailer or permit holder, or brought by

a person to the consumption area, may be consumed. “ Cannabis cultivator ” means any licensed person or entity that grows, cultivates, or produces cannabis

in this State, and sells, and may transport, this cannabis to other cannabis cultivators,

or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers,

but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license. “ Cannabis delivery service ” means any licensed person or entity that provides courier services for consumer

purchases of cannabis items and related supplies fulfilled by a cannabis retailer

in order to make deliveries of the cannabis items and related supplies to that consumer,

and which services include the ability of a consumer to purchase the cannabis items

directly through the cannabis delivery service, which after presenting the purchase

order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license. “ Cannabis distributor ” means any licensed person or entity that transports cannabis in bulk intrastate

from one licensed cannabis cultivator to another licensed cannabis cultivator, or

transports cannabis items in bulk intrastate from any one class of licensed cannabis

establishment to another class of licensed cannabis establishment, and may engage

in the temporary storage of cannabis or cannabis items as necessary to carry out transportation

activities. This person or entity shall hold a Class 4 Cannabis Distributor license. “ Cannabis establishment ” means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or

a cannabis retailer. “ Cannabis extract ” means a substance obtained by separating resins from cannabis by: (1) a chemical

extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane;

(2) a chemical extraction process using the hydrocarbon-based solvent carbon dioxide,

if the process uses high heat or pressure; or (3) any other process identified by

the Cannabis Regulatory Commission by rule or regulation. “ Cannabis flower ” means the flower of the plant Cannabis sativa L. within the plant family Cannabaceae. “ Cannabis item ” means any usable cannabis, cannabis product, cannabis extract, and any other cannabis

resin. “Cannabis item” does not include: any form of medical cannabis dispensed to registered

qualifying patients pursuant to the “Jake Honig Compassionate Use Medical Cannabis

Act,” P.L.2009, c. 307 ( C.24:6I-1 et al.) and P.L.2015, c. 158 ( C.18A:40-12.22 et al.); or hemp or a hemp product cultivated, handled, processed, transported,

or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019, c. 238 ( C.4:28-6 et al.). “ Cannabis leaf ” means the leaf of the plant Cannabis sativa L. within the plant family Cannabaceae. “ Cannabis manufacturer ” means any licensed person or entity that processes cannabis items in this State

by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and

packaging cannabis items, and selling, and optionally transporting, these items to

other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not

to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license. “ Cannabis paraphernalia ” means any equipment, products, or materials of any kind which are used, intended

for use, or designed for use in planting, propagating, cultivating, growing, harvesting,

composting, manufacturing, compounding, converting, producing, processing, preparing,

testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis,

or for ingesting, inhaling, or otherwise introducing a cannabis item into the human

body. “Cannabis paraphernalia” does not include drug paraphernalia as defined in N.J.S.2C:36-1 and which is used or intended for use to commit a violation of chapter 35 or 36 of

Title 2C of the New Jersey Statutes. “ Cannabis product ” means a product containing usable cannabis, cannabis extract, or any other cannabis

resin and other ingredients intended for human consumption or use, including a product

intended to be applied to the skin or hair, edible cannabis products, ointments, and

tinctures. “Cannabis product” does not include: (1) usable cannabis by itself; or (2) cannabis

extract by itself; or (3) any other cannabis resin by itself. “ Cannabis resin ” means the resin extracted from any part of the plant Cannabis sativa L., including

cannabis extract and resin extracted using non-chemical processes, processed and used

in accordance with P.L.2021, c. 16 ( C.24:6I-31 et al.). “Cannabis resin” does not include: any form of medical cannabis dispensed to registered

qualifying patients pursuant to the “Jake Honig Compassionate Use Medical Cannabis

Act,” P.L.2009, c. 307 ( C.24:6I-1 et al.) and P.L.2015, c. 158 ( C.18A:40-12.22 et al.); hashish as defined in N.J.S.2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the

New Jersey Statutes, or P.L.2001, c. 114 ( C.2C:35B-1 et seq. ), or as defined in section 2 of P.L.1970, c. 226 ( C.24:21-2 ) and applied to any offense of the “New Jersey Controlled Dangerous Substances Act,”

P.L.1970, c. 226 ( C.24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported,

or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019, c. 238 ( C.4:28-6 et al.). “ Cannabis retailer ” means any licensed person or entity that purchases or otherwise obtains usable cannabis

from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis

wholesalers, and sells these to consumers from a retail store, and may use a cannabis

delivery service or a certified cannabis handler for the off-premises delivery of

cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its

retail store that are presented by a cannabis delivery service which will be delivered

by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license. “ Cannabis testing facility ” means an independent, third-party entity meeting accreditation requirements established

by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis

items and medical cannabis for compliance with applicable health, safety, and potency

standards. “ Cannabis wholesaler ” means any licensed person or entity that purchases or otherwise obtains, stores,

sells or otherwise transfers, and may transport, cannabis items for the purpose of

resale or other transfer to either another cannabis wholesaler or to a cannabis retailer,

but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license. “ Commission ” means the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c. 153 ( C.24:6I-24 ). “ Conditional license ” means a temporary license designated as either a Class 1 Cannabis Cultivator license,

a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a

Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class

6 Cannabis Delivery license that allows the holder to lawfully act as a cannabis cultivator,

cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer,

or cannabis delivery service as the case may be, which is issued pursuant to an abbreviated

application process, after which the conditional license holder shall have a limited

period of time in which to become fully licensed by satisfying all of the remaining

conditions for licensure which were not required for the issuance of the conditional

license. “ Consumer ” means a person 21 years of age or older who purchases, directly or through a cannabis

delivery service, acquires, owns, holds, or uses cannabis items for personal use by

a person 21 years of age or older, but not for resale to others. “ Consumption ” means the act of ingesting, inhaling, or otherwise introducing cannabis items into

the human body. “ Delivery ” means the transportation of cannabis items and related supplies to a consumer. “ Delivery ” also includes the use by a licensed cannabis retailer of any third party technology

platform to receive, process, and fulfill orders by consumers, which third party shall

not be required to be a licensed cannabis establishment, distributor, or delivery

service, provided that any physical acts in connection with fulfilling the order and

delivery shall be accomplished by a certified cannabis handler performing work for

or on behalf of the licensed cannabis retailer, which includes a certified cannabis

handler employed or otherwise working on behalf of a cannabis delivery service making

off-premises deliveries of consumer purchases fulfilled by that cannabis retailer. “ Department ” means the Department of Health. “ Director ” means the Director of the Office of Minority, Disabled Veterans, and Women Cannabis

Business Development in the Cannabis Regulatory Commission. “ Executive director ” means the executive director of the Cannabis Regulatory Commission. “ Financial consideration ” means value that is given or received either directly or indirectly through sales,

barter, trade, fees, charges, dues, contributions, or donations. “ Immature cannabis plant ” means a cannabis plant that is not flowering. “ Impact zone ” means any municipality, based on past criminal marijuana enterprises contributing

to higher concentrations of law enforcement activity, unemployment, and poverty, or

any combination thereof, within parts of or throughout the municipality, that: (1) has a population of 120,000 or more according to the most recently compiled federal

decennial census as of the effective date of P.L.2021, c. 16 ( C.24:6I-31 et al.); (2) based upon data for calendar year 2019, ranks in the top 40 percent of municipalities

in the State for marijuana- or hashish-related arrests for violation of paragraph

(4) of subsection a. of N.J.S.2C:35-10 ; has a crime index total of 825 or higher based upon the indexes listed in the annual

Uniform Crime Report by the Division of State Police; and has a local average annual

unemployment rate that ranks in the top 15 percent of all municipalities, based upon

average annual unemployment rates estimated for the relevant calendar year by the

Office of Research and Information in the Department of Labor and Workforce Development; (3) is a municipality located in a county of the third class, based upon the county's

population according to the most recently compiled federal decennial census as of

the effective date of P.L.2021, c. 16 ( C.24:6I-31 et al.), that meets all of the criteria set forth in paragraph (2) other than having

a crime index total of 825 or higher; or (4) is a municipality located in a county of the second class, based upon the county's

population according to the most recently compiled federal decennial census as of

the effective date of P.L.2021, c. 16 ( C.24:6I-31 et al.): (a) with a population of less than 60,000 according to the most recently compiled

federal decennial census, that for calendar year 2019 ranks in the top 40 percent

of municipalities in the State for marijuana- or hashish-related arrests for violation

of paragraph (4) of subsection a. of N.J.S.2C:35-10 ; has a crime index total of 1,000 or higher based upon the indexes listed in the

2019 annual Uniform Crime Report by the Division of State Police; but for calendar

year 2019 does not have a local average annual unemployment rate that ranks in the

top 15 percent of all municipalities, based upon average annual unemployment rates

estimated for the relevant calendar year by the Office of Research and Information

in the Department of Labor and Workforce Development; or (b) with a population of not less than 60,000 or more than 80,000 according to the

most recently compiled federal decennial census; has a crime index total of 650 or

higher based upon the indexes listed in the 2019 annual Uniform Crime Report; and

for calendar year 2019 has a local average annual unemployment rate of 3.0 percent

or higher using the same estimated annual unemployment rates. “ License ” means a license issued under P.L.2021, c. 16 ( C.24:6I-31 et al.), including a license that is designated as either a Class 1 Cannabis Cultivator

license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license,

a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a

Class 6 Cannabis Delivery license. The term includes a conditional license for a designated class, except when the

context of the provisions of P.L.2021, c. 16 ( C.24:6I-31 et al.) otherwise intend to only apply to a license and not a conditional license. “ Licensee ” means a person or entity that holds a license issued under P.L.2021, c. 16 ( C.24:6I-31 et al.), including a license that is designated as either a Class 1 Cannabis Cultivator

license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license,

a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a

Class 6 Cannabis Delivery license, and includes a person or entity that holds a conditional

license for a designated class, except when the context of the provisions of P.L.2021, c. 16 ( C.24:6I-31 et al.) otherwise intend to only apply to a person or entity that holds a license

and not a conditional license. “ Licensee representative ” means an owner, director, officer, manager, employee, agent, or other representative

of a licensee, to the extent that the person acts in a representative capacity. “ Manufacture ” means the drying, processing, compounding, or conversion of usable cannabis into

cannabis products or cannabis resins. “Manufacture” does not include packaging or labeling. “ Mature cannabis plant ” means a cannabis plant that is not an immature cannabis plant. “ Medical cannabis ” means cannabis dispensed to registered qualifying patients pursuant to the “Jake

Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c. 307 ( C.24:6I-1 et al.) and P.L.2015, c. 158 ( C.18A:40-12.22 et al.). “Medical cannabis” does not include any cannabis or cannabis item which is cultivated,

produced, processed, and consumed in accordance with P.L.2021, c. 16 ( C.24:6I-31 et al.). “ Microbusiness ” means a person or entity licensed under P.L.2021, c. 16 ( C.24:6I-31 et al.) as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis

distributor, cannabis retailer, or cannabis delivery service that may only, with respect

to its business operations, and capacity and quantity of product: (1) employ no more

than 10 employees; (2) operate a cannabis establishment occupying an area of no more

than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on

an area no more than 2,500 square feet measured on a horizontal plane and grow above

that plane not higher than 24 feet; (3) possess no more than 1,000 cannabis plants

each month, except that a cannabis distributor's possession of cannabis plants for

transportation shall not be subject to this limit; (4) acquire each month, in the

case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis; (5)

acquire for resale each month, in the case of a cannabis wholesaler, no more than

1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured

cannabis product or cannabis resin, or any combination thereof; and (6) acquire for

retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds

of usable cannabis, or the equivalent amount in any form of manufactured cannabis

product or cannabis resin, or any combination thereof. “ Noncommercial ” means not dependent or conditioned upon the provision or receipt of financial consideration. “ Premises ” or “ licensed premises ” includes the following areas of a location licensed under P.L.2021, c. 16 ( C.24:6I-31 et al.): all public and private enclosed areas at the location that are used in

the business operated at the location, including offices, kitchens, rest rooms, and

storerooms; all areas outside a building that the Cannabis Regulatory Commission

has specifically licensed for the production, manufacturing, wholesaling, distributing,

retail sale, or delivery of cannabis items; and, for a location that the commission

has specifically licensed for the production of cannabis outside a building, the entire

lot or parcel that the licensee owns, leases, or has a right to occupy. “ Produce ” means the planting, cultivation, growing or harvesting of cannabis. “Produce” does not include the drying of cannabis by a cannabis manufacturer, if

the cannabis manufacturer is not otherwise manufacturing cannabis. “ Public place ” means any place to which the public has access that is not privately owned; or

any place to which the public has access where alcohol consumption is not allowed,

including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge,

alley, plaza, park, playground, swimming pool, shopping area, public transportation

facility, vehicle used for public transportation, parking lot, public library, or

any other public building, structure, or area. “ Radio ” means a system for transmitting sound without visual images, and includes broadcast,

cable, on-demand, satellite, or Internet programming. “ Radio ” includes any audio programming downloaded or streamed via the Internet. “ Significantly involved person ” means a person or entity who holds at least a five percent investment interest in

a proposed or licensed cannabis cultivator, cannabis manufacturer, cannabis wholesaler,

cannabis distributor, cannabis retailer, or cannabis delivery service, or who is a

decision making member of a group that holds at least a 20 percent investment interest

in a proposed or licensed cannabis cultivator, cannabis manufacturer, cannabis wholesaler,

cannabis distributor, cannabis retailer, or cannabis delivery service, in which no

member of that group holds more than a five percent interest in the total group investment

interest, and the person or entity makes controlling decisions regarding the proposed

or licensed cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis

distributor, cannabis retailer, or cannabis delivery service operations. “ Television ” means a system for transmitting visual images and sound that are reproduced on screens,

and includes broadcast, cable, on-demand, satellite, or Internet programming. “ Television ” includes any video programming downloaded or streamed via the Internet. “ THC ” means delta-9-tetrahydrocannabinol and its precursor, tetrahydrocannabinolic acid,

the main psychoactive chemicals contained in the cannabis plant. “ Usable cannabis ” means the dried leaves and flowers of the female plant Cannabis sativa L., and does

not include the seedlings, seeds, stems, stalks, or roots of the plant.