New Jersey § 24:6i-43

§ 24:6i-43.

Class 6 Cannabis Delivery license. A cannabis delivery service shall have a Class 6 Cannabis Delivery license issued

by the commission for the premises from which the cannabis delivery service will conduct

operations to provide 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. The commission shall determine the maximum number of licenses, of which at least

35 percent shall be conditional licenses issued pursuant to subparagraph (a) of paragraph

(2) of subsection b. of section 19 of P.L.2021, c. 16 ( C.24:6I-36 ), and at least 10 percent of the total number of licenses and conditional licenses

shall be designated for and only issued to microbusinesses pursuant to subsection

f. of that section. Providing there exist qualified applicants, the commission shall issue a sufficient

number of licenses to meet the market demands of the State, and may, as authorized

by paragraph (1) of subsection a. of section 18 of P.L.2021, c. 16 ( C.24:6I-35 ), accept new applications for additional licenses as it deems necessary to meet those

demands. a. To hold a Class 6 Cannabis Delivery license under this section, an applicant: (1) Shall apply for a license in the manner described in section 18 of P.L.2021, c. 16 ( C.24:6I-35 ); (2) Shall have at least one significantly involved person who has resided in this

State for at least two years as of the date of the application, and provide proof

that this person and any other person with an investment interest who also has decision

making authority for the cannabis delivery service listed on an application submitted

under section 18 of P.L.2021, c. 16 ( C.24:6I-35 ) is 21 years of age or older; (3) Shall meet the requirements of any rule or regulation adopted by the commission

under subsection b. of this section; and (4) Shall provide for each of the following persons to undergo a criminal history

record background check: any owner, other than an owner who holds less than a five

percent investment interest in the cannabis delivery service or who is a member of

a group that holds less than a 20 percent investment interest in the cannabis delivery

service and no member of that group holds more than a five percent interest in the

total group investment, and who lacks the authority to make controlling decisions

regarding the cannabis delivery service's operations; any director; any officer;

and any employee. (a) Pursuant to this provision, the commission is authorized to exchange fingerprint

data with and receive criminal history record background information from the Division

of State Police and the Federal Bureau of Investigation consistent with the provisions

of applicable State and federal laws, rules, and regulations. The Division of State Police shall forward criminal history record background information

to the commission in a timely manner when requested pursuant to the provisions of

this section; (b) Each person shall submit to being fingerprinted in accordance with applicable

State and federal laws, rules, and regulations. No check of criminal history record background information shall be performed pursuant

to this section unless a person has furnished his written consent to that check. A person who refuses to consent to, or cooperate in, the securing of a check of

criminal history record background information shall not be considered for licensure

as a delivery service. Each person shall bear the cost for the criminal history record background check,

including all costs of administering and processing the check; (c)(i) With respect to determining whether any conviction of a person contained in

the criminal history record background check should disqualify an applicant for a

Class 6 Cannabis Delivery license, the commission shall not take into consideration

any conviction for a crime or offense that occurred prior to the effective date of P.L.2021, c. 16 ( C.24:6I-31 et al.) 1 involving a controlled dangerous substance or controlled substance analog as set

forth in paragraph (11) or (12) of subsection b., or subparagraph (b) of paragraph

(10) of subsection b. of N.J.S.2C:35-5 , or paragraph (3) or (4) of subsection a. of N.J.S.2C:35-10 , or any similar indictable offense under federal law, this State's law, or any other

state's law, or for any conviction under federal law for conduct involving cannabis

or a cannabis item that is authorized by P.L.2021, c. 16 ( C.24:6I-31 et al.). Additionally, the commission shall not take into consideration any other prior conviction,

unless that conviction is for an indictable offense under federal law, other than

a conviction for conduct involving cannabis or a cannabis item that is authorized

by P.L.2021, c. 16 ( C.24:6I-31 et al.), or under this State's law, or any other state's law that is substantially

related to the qualifications, functions, or duties for which the license is required,

and not more than five years have passed since the date of that conviction, satisfactory

completion of probation or parole, or release from incarceration, whichever is later. In determining which indictable offenses are substantially related to the qualifications,

functions, or duties for which the license is required, the commission shall at least

consider any conviction involving fraud, deceit, or embezzlement, and any conviction

for N.J.S.2C:35-6 , employing a minor in a drug distribution scheme, or similar indictable offense in

this or another jurisdiction involving the use of a minor to dispense or distribute

a controlled dangerous substance or controlled substance analog; (ii) The commission may approve an applicant for a Class 6 Cannabis Delivery license

after conducting a thorough review of any previous conviction of a person that substantially

related to the qualifications, functions, or duties for which the license is required

that is contained in the criminal history record background information, and this

review shall include examining the nature of the indictable offense, the circumstances

at the time of committing the offense, and evidence of rehabilitation since conviction. If the commission determines that the reviewed conviction should not disqualify

the applicant, the applicant may be approved so long as the applicant is otherwise

qualified to be issued the license; and (d) Upon receipt and review of the criminal history record background information

from the Division of State Police and the Federal Bureau of Investigation, the commission

shall provide written notification to the applicant of the qualification or disqualification

for a Class 6 Cannabis Delivery license. If the applicant is disqualified because the commission determined that a person has

a disqualifying conviction pursuant to the provisions of this section, the conviction

that constitutes the basis for the disqualification shall be identified in the written

notice. (e) The Division of State Police shall promptly notify the commission in the event

that an individual who was the subject of a criminal history record background check

conducted pursuant to this section is convicted of a crime or offense in this State

after the date the background check was performed. Upon receipt of that notification, the commission shall make a determination regarding

the continued eligibility for the applicant, or following application, for the licensee

to hold a Class 6 Cannabis Delivery license. b. The commission shall adopt rules that: (1) Provide for the annual renewal of the Class 6 Cannabis Delivery license; (2) Establish application, licensure, and renewal of licensure fees for cannabis delivery

services in accordance with paragraph (2) of subsection a. of section 18 of P.L.2021, c. 16 ( C.24:6I-35 ); and (3) Require a cannabis delivery service to meet any public health and safety standards,

industry best practices, and all applicable regulations established by the commission

by rule or regulation related to the delivery of cannabis items and related supplies

to a consumer. c. Fees adopted under subsection b. of this section: (1) Shall be in the form of a schedule that imposes a greater fee for larger delivery

operations; and (2) Shall be deposited in the “Cannabis Regulatory, Enforcement Assistance, and Marketplace

Modernization Fund” established under section 41 of P.L.2021, c. 16 ( C.24:6I-50 ). d. (1) The commission shall issue or deny issuance of a Class 6 Cannabis Delivery

license or conditional license in accordance with the procedures set forth in section

18 of P.L.2021, c. 16 ( C.24:6I-35 ). (2) The commission may suspend or revoke a Class 6 Cannabis Delivery license or conditional

license to operate as a cannabis distributor for cause, which shall be considered

a final agency action for the purposes of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ) and shall be subject only to judicial review as provided in the Rules of Court. e. A person who has been issued a license or conditional license shall display the

license or conditional license at the delivery service's premises at all times when

cannabis is being transported. f. As required by the commission in regulation, a licensee or conditional licensee

shall report required changes in information about the licensee to the commission

within the time specified by the commission. 1

L.2021, c. 16, eff. Feb. 22, 2021 (contingent operative).