As used in this chapter, the following terms shall have the
meanings indicated:
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 (N.J.S.A. 24:6I-31 et seq.) 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 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22
et seq.); "marijuana" as defined in N.J.S.A. 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 (N.J.S.A. 2C:35B-1 et seq.),
or "marihuana" as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A.
24:21-2) and applied to any offense set forth in the "New Jersey Controlled
Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et
seq.); 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 (N.J.S.A. 4:28-6 et seq.).
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A.
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.
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.
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.
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.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
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.
The flower of the plant Cannabis sativa L. within the plant
family Cannabaceae.
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 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A.18A:40-12.22 et seq.); 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 (N.J.S.A. 4:28-6 et seq.).
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
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.
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.A. 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.
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.
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.
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.
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.
A determination by the City that the applicant has complied
with the provisions of this chapter.
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.
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
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.
Value that is given or received either directly or indirectly
through sales, barter, trade, fees, charges, dues, contributions,
or donations.
A cannabis plant that is not flowering.
A license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.), 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 (N.J.S.A. 24:61-31 et seq.) otherwise intend to only apply to a
license and not a conditional license.
The particular building, buildings, or tenant space within
which the local cannabis licensee will be authorized to conduct the
facility's activities pursuant to the local cannabis license.
The real property comprised of a lot, parcel, or other designated
unit of real property upon which the licensed premises is situated.
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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 (N.J.S.A.
24:6I-31 et seq.) otherwise intend to only apply to a person or entity
that holds a license and not a conditional license.
An owner, director, officer, manager, employee, agent, or
other representative of a licensee, to the extent that the person
acts in a representative capacity.
A current and valid license for a cannabis establishment
issued under this chapter, which shall be granted to a local cannabis
licensee only for and limited to a specific licensed premises and
a specific licensed property.
The individual, organization, partnership, company, corporation,
enterprise, or other entity that holds a current and valid local cannabis
license issued under this chapter as well as the person or persons
associated with the local cannabis licensee as applicant(s) for that
local cannabis license.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
A cannabis plant that is not an immature cannabis plant.
Cannabis dispensed to registered qualifying patients pursuant
to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.). "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 (N.J.S.A. 24:6I-31 et seq.).
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) 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:
Employ no more than 10 employees;
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;
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;
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
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
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.
Includes the following areas of a location licensed under
P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private
enclosed areas at the location that are used in the business operated
at the location, including offices, kitchens, restrooms, 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.
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.
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.
