New Jersey § 24:6i-43
Full text of New Jersey New Jersey Statutes § 24:6i-43, with citation guidance and answers to common questions.
§ 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).
Frequently Asked Questions About New Jersey § 24:6i-43
What does New Jersey Statutes § 24:6i-43 cover?
Section 24:6i-43 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 24:6i-43?
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Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 24:6i-43 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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