"Accreditation body" means an impartial, non-profit organization that:
"Act" means the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16(N.J.S.A. 24:6I-31 et seq.).
"Adverse event" means any health-related event in a person, which is associated with the use of a cannabis item, that is undesirable and is unexpected or unusual.
"Advertisement" means any calculated attempt to directly or indirectly induce sales of cannabis items, including, but not limited to, any commercial written or verbal statement or communication of any other means. The term shall not include:
"Aggregate ownership interest" means the total ownership interest held by an owner that is a person and by the spouse, domestic partner, civil union partner, child, sibling, or parent of the person.
"Alternative treatment center" or "ATC" means a medical cannabis cultivator, a medical cannabis manufacturer, and/or a medical cannabis dispensary that has been issued a permit to cultivate, manufacture, dispense, or engage in other activities related to medical cannabis and related paraphernalia pursuant to P.L. 2019, c. 153 and N.J.A.C. 17:30A.
"Batch" means a specific quantity of usable cannabis propagated from the same seed or plant stock at the same time, cultivated in the same cultivation area under similar conditions, and harvested together during a specific time interval.
"Billboard" means a large outdoor sign, with a minimum size of five feet in height by 11 feet in width, used for the display of a commercial message.
"Board member" means, where a cannabis business or testing laboratory license applicant or license holder is governed by a governing body, such as a board of directors, a member of that governing body.
"Bona fide labor organization" has the same meaning as at N.J.S.A. 24:6I-36.c.
"Business day" means any day, other than a Saturday, Sunday, or a State-recognized holiday.
"Cannabidiol" or "CBD" means a non-psychoactive constituent of cannabis, C21H30O2.
"Cannabis" means all parts of the plant Cannabis sativa L. within the plant family Cannabaceae, 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, where applicable, manufactured for use in cannabis products, in accordance with the Act and this chapter.
"Cannabis business" means a cannabis cultivator, a cannabis manufacturer, a cannabis retailer, cannabis wholesaler, cannabis distributor, or cannabis delivery service. "Cannabis business" includes an "expanded ATC."
"Cannabis business delivery personnel" means cannabis business personnel possessing a Cannabis Business Identification Card who deliver cannabis items or cannabis paraphernalia on behalf of a cannabis business to a consumer.
"Cannabis Business Identification Card" means a document issued by the Commission pursuant to N.J.A.C. 17:30-8.1(c) that identifies a person as an owner, principal, management services contractor, employee, or volunteer acting on behalf of a cannabis business or testing laboratory or other cannabis handler pursuant to N.J.S.A. 24:6I-44.a, required to register with the Commission pursuant to N.J.A.C. 17:30-8.1(a).
"Cannabis concentrate" or "cannabis resin" means a product manufactured by a cannabis manufacturer, either in solid form or in liquid form as oil, including cannabis extracts and resin extracted using non-chemical processes, that contains only the resin, cannabinoids, terpenes, and other substances extracted from any part of the cannabis plant.
"Cannabis cultivator" means a business or organization owned and controlled by a license holder that holds a Class 1 Cannabis Cultivator license issued by the Commission.
"Cannabis consumption area" means, as further described at N.J.S.A. 24:6I-21, a designated location operated by a permitted medical cannabis dispensary or a licensed Class 5 Cannabis Retailer, for which a State and local endorsement has been obtained, at which medical or personal-use cannabis items may be consumed, that is either:
"Cannabis delivery service" means a business or organization owned and controlled by a license holder that holds a Class 6 Cannabis Delivery license issued by the Commission.
"Cannabis distributor" means a business or organization owned and controlled by a license holder that holds a Class 4 Cannabis Distributor license issued by the Commission.
"Cannabis establishment" means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
"Cannabis extract" means a substance obtained by separating resins from cannabis by:
"Cannabis flower" means the flower of the cannabis plant.
"Cannabis item" means any usable cannabis or cannabis product that is cultivated, produced, manufactured, or consumed in accordance with the Act.
"Cannabis leaf" means the leaf of the cannabis plant.
"Cannabis manufacturer" means a business or organization owned and controlled by a license holder that holds a Class 2 Cannabis Manufacturer license issued by the Commission.
"Cannabis paraphernalia" means any equipment, products, or materials of any kind that 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 plant" means the plant Cannabis sativa L. within the plant family Cannabaceae in the seedling, vegetative, or flowering stages, with readily observable roots and leaves with serrated edges; but does not include a germinated seed, cutting, or clone without readily observable roots and leaves with serrated edges.
"Cannabis product" means a cannabis concentrate or a cannabis-infused product, that a cannabis manufacturer manufactures, produces, or creates from usable cannabis or cannabis concentrate.
"Cannabis retailer" means a business or organization owned and controlled by a license holder who holds a Class 5 Cannabis Retailer license issued by the Commission.
"Cannabis wholesaler" means a business or organization owned and controlled by a license holder who holds a Class 3 Cannabis Wholesaler license issued by the Commission.
"Cannabis-infused product" means a product manufactured by a cannabis manufacturer in an authorized form that contains usable cannabis or cannabis concentrate, in solid or liquid form, and one or more ingredients intended for human consumption or use, including an ingestible product, inhalable product, or dermal product.
"Commission" means the New Jersey Cannabis Regulatory Commission established pursuant to section 31 at P.L. 2019, c. 153(N.J.S.A. 24:6I-24).
"Common ownership or control" has the same meaning as at N.J.S.A. 24:6I-3.
"Compassionate and Personal Use Acts" means the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307(N.J.S.A. 24:6I-1 et seq.), and the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16(N.J.S.A. 24:6I-31 et seq.).
"Conditional license" means a temporary cannabis business license that is issued pursuant to N.J.S.A. 24:6I-36.a.
"Consumer" means a person 21 years of age or older who purchases, directly or through a cannabis delivery service, acquires, owns, holds, or uses cannabis items for personal use by a person 21 years of age or older. "Consumer" does not include a person who acquires, owns, holds, uses, or has any other involvement in cannabis items for resale to others.
"Consumption" means the act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.
"Cultivate" means the propagation, germination, planting, growing, harvesting, drying, curing, and processing of cannabis.
"Curbside retail sale" means when a cannabis retailer sells a cannabis item to a consumer who is on the exterior of the facility on the cannabis retailer premises, which includes any parking lot and adjacent sidewalk that are located at the physical address listed on the cannabis business license, pursuant to N.J.A.C. 17:30-14.4.
"Delivery vehicle" means the vehicle used for the transport of cannabis items or related supplies between cannabis businesses or for the delivery of cannabis items to consumers.
"Dermal products" means oil, topical formulation, or products in a transdermal form intended for dermal application.
"Diversely owned business" means a license applicant or license holder where the entity has been certified, pursuant to the criteria at N.J.A.C. 17:30-6.4, as:
"Economically disadvantaged area" means a zip code that meets all of the following socioeconomic criteria:
"Electronic smoking device" means a pre-filled, tamper-resistant, non-refillable, disposable "all-in-one" e-cigarette or pre-filled, tamper-resistant, non-refillable cartridge and separate battery used to heat and aerosolize or vaporize a cannabis product for inhalation.
"Employee" means a person who is not an owner, principal, or vendor-contractor that works for a cannabis business or testing laboratory and who receives remuneration or other tangible benefit from the cannabis business or testing laboratory for services performed for the benefit of the cannabis business or testing laboratory regarding the possession, cultivation, manufacture, transport, delivery, selling, or testing of, or other conduct associated with, cannabis pursuant to the Act and this chapter.
"Entity" means an organization formed by one or more persons to conduct business, engage in a trade, or partake in similar activities.
"Executive Director" means the Executive Director of the Cannabis Regulatory Commission.
"Expanded alternative treatment center" or "expanded ATC" means a permitted ATC pursuant to P.L. 2019, c. 153 and N.J.A.C. 17:30A that is authorized to operate a cannabis business or businesses pursuant to the Act and this chapter, in addition to its medicinal cannabis operations.
"Financial consideration" means any thing of value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions, or donations.
"Financial source" means a person or entity that lends any amount of capital to a cannabis business license applicant or license holder pursuant to a secured or unsecured financing agreement and who is not an owner, passive investor, or principal of such cannabis business license applicant or license holder.
"Financial source agreement" means any agreement, contract, arrangement, or other type of formal understanding between a financial source and a cannabis business license applicant or license holder where the financial source lends capital to the cannabis business license applicant or license holder pursuant to a secured or unsecured financing agreement and does not receive ownership interest, in accordance with N.J.A.C. 17:30-6.10.
"Finished cannabis product" means a cannabis product, packaged in its finished state, including any accompanying device and ready for sale to a consumer.
"Finished usable cannabis" means usable cannabis, packaged in its finished state including any accompanying wrapping, such as a pre-roll, and ready for sale to a consumer.
"Immature cannabis plant" means a cannabis plant that is not flowering.
"Immediate family" means the spouse, domestic partner, civil union partner, child, sibling, or parent of a person, whether biological or adopted, and shall include the siblings, parents, and children of the person's spouse, domestic partner, or civil union partner, and the parents, spouses, domestic partners, or civil union partners of the person's parents, siblings, and children.
"Impact zone" has the same meaning as defined at N.J.S.A. 24:6I-33.
"Impact zone business" means a license applicant or license holder that meets the criteria at N.J.A.C. 17:30-6.5 and N.J.S.A. 24:6I-36.e.
"Ingestible products" means cannabis product forms intended for oral administration and ingestion, including oil and sublabial, sublingual, buccal, and enteral forms.
"Inhalable products" means usable cannabis, solid cannabis concentrate, and vaporized formulation intended for inhalation.
"License" means an authorization or approval issued by the Commission pursuant to this chapter and the Act that authorizes a license holder to possess, transport, cultivate, manufacture, sell, test, deliver, or engage in other conduct in accordance with the Act and this chapter.
"License applicant" means a person or entity that is applying for, or has a pending application for, a conditional or annual cannabis business license or a testing laboratory license.
"License holder" or "licensee" means a person or entity registered to do business in New Jersey that holds a conditional or annual cannabis business license or a testing laboratory license.
"License holder representative" or "licensee representative" means an owner, principal, employee, agent, or representative of a cannabis business or testing facility license applicant or license holder, to the extent that the person acts in a representative capacity.
"Lot" means a specific quantity of cannabis product manufactured from the same usable cannabis during a specific time interval under similar conditions, using the same methods, equipment, and ingredients.
"Management services agreement" means any agreement, contract, arrangement, or other type of formal understanding between a management services contractor and a cannabis business license applicant or license holder where the management services contractor provides professional staffing, administrative, operational, advisory, or management services to a cannabis business license applicant or license holder in exchange for remuneration, but not an ownership interest, in accordance with N.J.A.C. 17:30-6.9.
"Management services contractor" means a third-party vendor-contractor person or entity supervised by the principals and owners of the cannabis business license applicant or license holder, that provides professional staffing, administrative, operational, advisory, or management services to a cannabis business license applicant or license holder in exchange for remuneration pursuant to a management services agreement, pursuant to N.J.A.C. 17:30-6.9.
"Manager" means a person who is an employee or volunteer that participates in control or decision-making authority over the direction, management, operations, or policies of a cannabis business or testing laboratory that is supervised by the principals and owners of the cannabis business or testing laboratory license applicant or license holder.
"Manufacture" means preparing, compounding, mixing, or converting usable cannabis to produce, make, or otherwise create a cannabis product.
"Manufacturing record" means documentation of each unique manufacturing event used to manufacture a cannabis product.
"Manufacturing supervisor" means a qualified individual who, by possession of a relevant and recognized degree, certificate, or professional standing, or by extensive knowledge, training, and experience, will be responsible for ensuring compliance with manufacturing requirements.
"Master formulation record" means the unique formulation record of individually manufactured cannabis products.
"Mature cannabis plant" means a harvestable female cannabis plant that is flowering.
"Medical cannabis" means cannabis in various forms dispensed to registered qualifying patients and designated caregivers pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2019, c. 153.
"Microbusiness" has the same meaning as defined at N.J.S.A. 24:6I-33 and operated in accordance with N.J.A.C. 17:30-6.7.
"Military veteran" means a person who served in any branch of the active or reserve component of the United State military and/or the National Guard of any state military service and who was discharged or released under conditions other than dishonorable.
"Minor" means a person who is under 18 years of age and who has not been married or previously declared by a court or an administrative agency to be emancipated.
"Noncommercial" means not dependent or conditioned upon the provision or receipt of financial consideration.
"Nonprofit entity" means a corporation, association, or organization that is:
"Officer" means a person who is an officer of a cannabis business or testing laboratory license applicant or license holder pursuant to the entity's formation documents or bylaws, or who participates in managing the cannabis business or testing laboratory license applicant, license holder, and license applicant's or license holder's cannabis business or testing laboratory. "Officer" includes, but is not limited to:
"Oil" means a cannabis concentrate, in viscous liquid form containing only cannabinoids, such as THC and cannabidiol, terpenes, and other substances that are extracted from the cannabis plant.
"Onsite assessment" means an inspection of any site conducted by an employee of the Commission to ensure compliance with the Act.
"Oral lozenge" means a solid oral cannabis-infused product that is designed to dissolve or disintegrate slowly in the mouth.
"Organic" means satisfying or meeting the organic program standards as defined at N.J.A.C. 2:78.
"Owner" means:
"Ownership interest" means a right to ownership or equity interest in an entity.
"Parties of interest" means any person or entity holding an interest, whether financial or otherwise, in a cannabis business license applicant or license holder.
"Passive investor" means a person or entity that:
"Person" means a natural person.
"Personal use" or "personal use of cannabis" means:
"Physical plant" means the spaces, equipment, and infrastructure directly utilized by a cannabis business, within the premises, for cultivation, manufacturing, wholesaling, distributing, retail sale, or delivery.
"Premises" includes the following areas of a location controlled or operated by a cannabis business or testing laboratory:
"Pressurized metered dose inhaler" means a device with pressurized propellant that administers a dose of aerosolized oil for inhalation.
"Principal" means a person or entity, including an officer or a board member, that participates in control or decision-making authority over the direction, management, operations, or policies of a cannabis business or testing laboratory license applicant, license holder, or license applicant's or license holder's cannabis business or testing laboratory.
"Private capital fund" means:
"Project labor agreement" means a form of pre-hire collective bargaining agreement covering terms and conditions of a specific project, including labor issues and worker grievances associated with that project.
"Proof of New Jersey residency" means one or more of the following current, unexpired documents:
"Public place" means a place as defined at N.J.S.A. 24:6I-33.
"Qualified institutional investor" means a United States purchaser of securities that has special status under financial regulation laws, specifically:
"Quality control" means a planned and systematic operation or procedure for ensuring the strength, quality, and purity of a cannabis product.
"Radio" means a system for transmitting sound without visual images, and includes broadcast, cable, on-demand, satellite, or Internet programming; and includes any audio programming downloaded or streamed through the Internet.
"Residual solvent" means a volatile organic chemical used in some methods of manufacturing cannabis concentrates that is not completely removed by a cannabis business's quality control standard operating procedures.
"Security alarm system" means any device or series of devices, including, but not limited to, a signal system interconnected with a radio frequency method, such as cellular, private radio signals or other mechanical or electronic device, used to detect an unauthorized intrusion.
"Serving" or "dose" means the measured quantity of a usable cannabis or cannabis product to be taken at one time.
"Signature" or "electronic signature" means either the name of one written by oneself or an electronic code, sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
"Significantly involved person" has the same meaning as at N.J.S.A. 24:6I-33.
"Social equity business" means a license applicant or license holder that meets the requirements at N.J.A.C. 17:306.6.
"Television" means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on-demand, satellite, or Internet programming. "Television" includes any video programming downloaded or streamed through the Internet.
"Testing laboratory" means an independent, third-party laboratory that is:
"THC" means delta-9-tetrahydrocannabinol and its precursor, tetrahydrocannabinolic acid, the main psychoactive chemicals contained in the cannabis plant.
"Topical formulation" means a transcutaneous therapeutic cannabis-infused product in liquid form intended to be applied to the skin or hair, including an ointment, gel, cream, or lotion, comprised of oil, water, short carbon chains, alcohol, dimethylsulfoxide, polyethylene glycol, polypropylene glycol, glycerin, mineral, or mixtures thereof.
"Unusable cannabis" means cannabis seeds, stems, stalks, roots, or any part of the immature cannabis plant.
"Usable cannabis" means the dried leaves and flowers of the mature cannabis plant; but does not include the cannabis seeds, seedlings, stems, stalks, roots, or any part of the immature cannabis plant.
"Vaporized formulation" means oil or oil and one or more inactive ingredients in an electronic smoking device that is meant to be heated, aerosolized, and inhaled.
"Vendor-contractor" means a third-party person or entity that is separate from the cannabis business license applicant or license holder that provides goods, services, or intellectual property to a cannabis business license applicant or license holder in exchange for remuneration, but not ownership interest, pursuant to a contract or agreement. A vendor-contractor may include, but is not limited to:
"Visitor" means a person on the cannabis business or testing laboratory premises who does not possess a Cannabis Business Identification Card.
"Volunteer" means a person who is not an owner, principal, or vendor-contractor that works for a cannabis business who does not receive remuneration from the cannabis business for services performed for the benefit of the cannabis business regarding the possession, cultivation, manufacture, transport, delivery, selling of, or other conduct associated with cannabis pursuant to the Act and this chapter.
"Written report" means the report prepared by the testing laboratory about the analytical testing it performed and the results it obtained.
N.J. Admin. Code § 17:30-1.2