New Jersey § 24:6i-34

§ 24:6i-34.

Commission Activities Associated with the Personal Use of Cannabis. a. The Cannabis Regulatory Commission shall have all powers necessary or proper to

enable it to carry out the commission's duties, functions, and powers under P.L.2021, c. 16 ( C.24:6I-31 et al.). The jurisdiction, supervision, duties, functions, and powers of the commission extend

to any person who buys, sells, cultivates, produces, manufactures, transports, or

delivers any cannabis or cannabis items within this State. b. The duties, functions and powers of the commission shall include the following: (1) To regulate the purchase, sale, cultivation, production, manufacturing, transportation,

and delivery of cannabis or cannabis items in accordance with the provisions of P.L.2021, c. 16 ( C.24:6I-31 et al.); (2) To grant, refuse, suspend, revoke, cancel, or take actions otherwise limiting

licenses or conditional licenses for the sale, cultivation, production, or manufacturing

of cannabis items, or other licenses in regard to cannabis items, and to permit, in

the commission's discretion, the transfer of a license between persons; (3) To investigate and aid in the prosecution of every violation of the statutory

laws of this State relating to cannabis and cannabis items and to cooperate in the

prosecution of offenders before any State court of competent jurisdiction; (4) To adopt, amend, or repeal regulations as necessary to carry out the intent and

provisions of P.L.2021, c. 16 ( C.24:6I-31 et al.); (5) To exercise all powers incidental, convenient, or necessary to enable the commission

to administer or carry out the provisions of P.L.2021, c. 16 ( C.24:6I-31 et al.), or any other law of this State that charges the commission with a duty,

function, or power related to personal use cannabis. Powers described in this paragraph include, but are not limited to: (a) Issuing subpoenas; (b) Compelling attendance of witnesses; (c) Administering oaths; (d) Certifying official acts; (e) Taking depositions as provided by law; (f) Compelling the production of books, payrolls, accounts, papers, records, documents,

and testimony; and (g) Establishing fees in addition to the application, licensing, and renewal fees,

provided that any fee established by the commission is reasonably calculated not to

exceed the cost of the activity for which the fee is charged; (6) To adopt rules regulating and prohibiting the advertising of cannabis items in

a manner that is appealing to minors; that promotes excessive use; that promotes

illegal activity; or that otherwise presents a significant risk to public health

and safety; and (7) To regulate the use of cannabis and cannabis items for scientific, pharmaceutical,

manufacturing, mechanical, industrial, and other purposes. c. The powers of the commission further include the power to purchase, seize, possess,

and dispose of cannabis and cannabis items. The commission may purchase, possess, seize, or dispose of cannabis and cannabis

items as is necessary to ensure compliance with and enforcement of the provisions

of P.L.2021, c. 16 ( C.24:6I-31 et al.), and any rule adopted pursuant thereto. Any State officer, board, commission, corporation, institution, department, or other

State body, and any local officer, board, commission, institution, department, or

other local government body, that is permitted by the statutory laws of this State

to perform a duty, function, or power with respect to cannabis or a cannabis item,

may purchase, possess, seize, or dispose of the cannabis or cannabis item as the State

officer, board, commission, corporation, institution, department or other State body,

or the local officer, board, commission, institution, department, or other local government

body, considers necessary to ensure compliance with and enforce the applicable statutory

law or any rule adopted under the applicable statutory law. d. (1)(a) Within 180 days after the effective date of this section 1 , which takes effect immediately upon enactment of P.L.2021, c. 16 ( C.24:6I-31 et al.), or within 45 days of all five members of the commission being duly appointed

in accordance with the appointment process set forth in paragraph (2) of subsection

b. of section 31 of P.L.2019, c. 153 ( C.24:6I-24 ), whichever date is later, and notwithstanding the provisions of the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), to the contrary, the commission, after consultation with the Attorney General,

State Treasurer, Commissioner of Health, and Commissioner of Banking and Insurance,

shall, immediately upon filing proper notice with the Office of Administrative Law,

adopt rules and regulations prepared by the commission necessary or proper to enable

it to carry out the commission's duties, functions, and powers with respect to overseeing

the development, regulation, and enforcement of activities associated with the personal

use of cannabis pursuant to P.L.2021, c. 16 ( C.24:6I-31 et al.). (b) The initial rules and regulations adopted pursuant to subparagraph (a) of this

paragraph shall be in effect for a period not to exceed one year after the date of

filing with the Office of Administrative Law. These rules and regulations shall thereafter be adopted, amended, or readopted,

and any subsequent rules and regulations adopted, amended, or readopted, by the commission

in accordance with the requirements of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), after consultation with other department heads, as the commission deems appropriate. (2) On the date of adoption of the initial rules and regulations pursuant to subparagraph

(a) of paragraph (1) of this subsection, the provisions of P.L.2021, c. 16 ( C.24:6I-31 et al.) shall become operative, other than those provisions which were operative

immediately upon enactment. Subsequent to the date of adoption of the initial rules and regulations, the commission

shall determine the first date thereafter on which cannabis retailers issued licenses

and conditional licenses may begin retail sales of personal use cannabis items, which

latter date shall not be more than 180 days after the commission's adoption of its

initial rules and regulations. The commission shall provide every person or entity issued licenses or conditional

licenses by the commission with at least 30 days' notice of this date, and shall also

provide this notice to every alternative treatment center deemed to be licensed for

personal use cannabis activities pursuant to section 7 of P.L.2009, c. 307 ( C.24:6I-7 ), as amended by P.L.2021, c. 16 ( C.24:6I-31 et al.), whether or not already engaged in retail sales of personal use cannabis

items as permitted prior to the retail sales date established pursuant to this paragraph,

as set forth in paragraph (3) of subsection a. of section 33 of P.L.2021, c. 16 ( C.24:6I-46 ). 1

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