Definitions. As used in this chapter and section, the following terms
shall have the meanings indicated:
ALTERNATIVE TREATMENT CENTER ("ATC")
An organization issued a permit pursuant to the Jake Honig
Act 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 (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
ATC DISPENSARY
An ATC issued a permit pursuant to the Jake Honig Act to
operate as a medical cannabis dispensary, and/or an expanded ATC as
defined pursuant to N.J.A.C. 17:30-1.2 and authorized by the Act and
the Jake Honig Act to conduct business as a Class 5 Cannabis Retailer
licensee for retail sales of cannabis in addition to its ATC operation.
CANNABIS
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, manufacturered in accordance with P.L. 2021,
c. 16, for use in cannabis products as set forth in the New Jersey
Cannabis Regulatory Enforcement Assistance and Market Place Modernization
Act, N.J.S.A. 24:6I-31 et seq., 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 Act; 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 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 (N.J.S.A. 4:28-6 et al.).
CANNABIS ITEM
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 Act and P.L. 2015, c. 158 (N.J.S.A. 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 (N.J.S.A. 4:28-6 et al.).
CANNABIS PARAPHERNALIA
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.
CANNABIS TESTING FACILITY
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.
CLASS 4 CANNABIS DISTRIBUTER LICENSE
A license for businesses involved in transporting cannabis
plants in bulk from one licensed cultivator to another licensed cultivator,
or cannabis items in bulk from any type of licensed cannabis business
to another.
CLASS 6 CANNABIS DELIVERY LICENSE
A license for businesses providing courier services for consumer
purchases that are fulfilled by a licensed cannabis retailer in order
to make deliveries of the purchased items to a consumer, and which
service would include the ability of a consumer to make a purchase
directly through the cannabis delivery service which would be presented
by the delivery service for fulfillment by a retailer and then delivered
to a consume
CLINICAL REGISTRANT
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
DELIVERY
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.
LICENSE
A license issued under P.L. 2021, c. 16 (The Act), 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.
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 al.).
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Act. "Medical cannabis" does not include any cannabis
or cannabis item which is cultivated, produced, processed, and consumed
in accordance with the Act.
MEDICAL CANNABIS BUSINESS
Encompasses all components of the industry as is consistent
with the the Jake Honig Act. Accordingly, it shall mean any business
involved in cultivating, manufacturing, distribution, sales, or testing
of medical marijuana.
MEDICAL CANNABIS CULTIVATOR
An organization holding a permit issued by the Commission
that authorizes the organization to possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers, clinical registrants, and medical
cannabis dispensaries, as well as to plant, cultivate, grow, and harvest
medical cannabis for research purposes. A medical cannabis cultivator
permit shall not authorize the permit holder to manufacture, produce,
or otherwise create medical cannabis products, or to deliver, transfer,
transport, distribute, supply, sell, or dispense medical cannabis,
medical cannabis products, paraphernalia, or related supplies to qualifying
patients, designated caregivers, or institutional caregivers.
MEDICAL CANNABIS DISPENSARY
An organization issued a permit by the Commission that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from medical cannabis cultivators; purchase or obtain medical
cannabis products and related supplies from medical cannabis manufacturers;
purchase or obtain medical cannabis, medical cannabis products, and
related supplies and paraphernalia from other medical cannabis dispensaries
and from clinical registrants; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of Subsection i. of Section
27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); and possess, display,
deliver, transfer, transport, distribute, supply, sell, and dispense
medical cannabis, medical cannabis products, paraphernalia, and related
supplies to qualifying patients, designated caregivers, and institutional
caregivers. A medical cannabis dispensary permit shall not authorize
the permit holder to cultivate medical cannabis, to produce, manufacture,
or otherwise create medical cannabis products.
MEDICAL CANNABIS MANUFACTURER
An organization issued a permit by the Commission that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from a medical cannabis cultivator or a clinical registrant;
purchase or obtain medical cannabis products from another medical
cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to other medical cannabis manufacturers
and to medical cannabis dispensaries and clinical registrants. A medical
cannabis manufacturer permit shall not authorize the permit holder
to cultivate medical cannabis or to deliver, transfer, transport,
distribute, supply, sell, or dispense medical cannabis, medical cannabis
products, paraphernalia, or related supplies to registered qualifying
patients, designated caregivers, or institutional caregivers.
MEDICAL MARIJUANA PROGRAM or MMP
The program within the Cannabis Regulatory Commission, which
is responsible for the administration and implementation of activities
related to the Jake Honig Act.
MEDICAL USE OF CANNABIS
The acquisition, possession, transport, or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et al.).
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.
PERMIT
The documents issued by the Cannabis Regulatory Commission
pursuant to this chapter granting the legal right to operate as an
alternative treatment center for a specified time.
PREMISES or LICENSED PREMISES
Includes the following areas of a location licensed under
the Act: 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 ACT
The New Jersey Cannabis Regulatory Enforcement and Marketplace
Modernization Act, codified as P.L. 2021, c. 16.
USABLE MARIJUANA
The dried leaves and flowers of the female marijuana plant,
and any mixture or preparation thereof, but does not include the seedlings,
stems, stalks, or roots of the plant.
VERTICAL INTEGRATION
The co-location or combination of the following activities
related to the production of usable marijuana for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing.