N.J. Admin. Code § 17:30-1.2

Current through Register Vol. 56, No. 21, November 4, 2024
Section 17:30-1.2 - Definitions
(a) All definitions contained in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), are incorporated herein by reference.
(b) The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Accreditation body" means an impartial, non-profit organization that:

1. Is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement for Testing and is recognized by ILAC;
2. Determines a laboratory's compliance with and conformance to the International Organization for Standardization (ISO) 17025 standards and provides accreditation for compliant laboratories; and
3. Is not affiliated with any laboratory seeking accreditation.

"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:

1. Noncommercial speech;
2. A label on a cannabis item pursuant to N.J.A.C. 17:30-16.3 and its accompanying supplemental information, pursuant to N.J.A.C. 17:30-14.3(h) and (i);
3. Information provided by a cannabis business to another cannabis business listing its products for sale; and
4. "Adopt-a-Highway" signs erected under a current valid sponsorship with the New Jersey Department of Transportation.

"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:

1. An indoor, structurally enclosed area of the medical cannabis dispensary, cannabis retailer that is separate from the area in which the dispensing of medical cannabis or retail sales of cannabis items occurs; or
2. An exterior structure on the same premises as the medical cannabis dispensary, cannabis retailer, either separate from or connected to the cannabis retailer.

"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:

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.

"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:

1. A minority-owned business pursuant to N.J.S.A. 52:27H-21.18 et seq.;
2. A women-owned business pursuant to N.J.S.A. 52:27H-21.18 et seq.;
3. A disabled-veterans-owned business, as defined at N.J.S.A. 52:32-31.2; or
4. Any combination of paragraphs 1, 2, or 3 above.

"Economically disadvantaged area" means a zip code that meets all of the following socioeconomic criteria:

1. Has a median income that is 80 percent or less of the average median household income in the State, as determined annually by the U.S. Census Bureau; and
2. Has a health uninsured rate that is at least 150 percent of the health uninsured rate in the State, as determined annually by the U.S. Census Bureau.

"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.

1. "Employee" includes managerial and non-managerial employees, as well as paid or unpaid interns.

"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:

1. Not conducted for pecuniary profit of any private shareholder or individual;
2. Established, organized, or chartered without capital stock pursuant to:
i. The provisions at Titles 15, 15A, 16, or 17 of the New Jersey Revised Statutes;
ii. A special charter; or
iii. Any similar general or special law of this or any other state;
3. Certified as exempt from the tax imposed by the Corporation Business Tax Act, as set forth at N.J.S.A. 54:10A-3.e; and
4. Certified as an entity that is not required to be a tax-exempt organization pursuant to 26 U.S.C. § 501(c)(3).

"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:

1. President, vice-president, secretary, treasurer, chief executive officer, chief financial officer, chief operating officer, or general counsel;
2. If the license applicant or license holder is a corporation, the officers of the corporation, in accordance with the articles of incorporation or the bylaws;
3. If the license applicant or license holder is a nonprofit entity, the chief executive officer, members of the governing board, and the officers, in accordance with the articles of incorporation or the bylaws;
4. If the license applicant or license holder is a partnership, the general partners, managing partners, and controlling partners of the partnership;
5. If the license applicant or license holder is a limited liability company, the manager-members of the limited liability company;
6. If the license applicant or license holder is a private capital fund, the members of the executive team of the private capital fund, and any other persons that control its investment or management; or
7. If the license applicant or license holder is a business organization other than the types listed at paragraphs 1 through 6 above, any person whose position with respect to the business organization, as determined under its formation documents or bylaws, without regard to the person's title, are the functional equivalents of any of the positions described in this definition.

"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:

1. Any person or entity that holds at least a five percent aggregate ownership interest in a cannabis business or testing laboratory license applicant or license holder;
2. Where an entity, including a parent company, holds at least a five percent ownership interest in a cannabis business or testing laboratory license applicant or license holder, any person or entity that holds at least 10 percent aggregate ownership interest in or is a member of the executive team of such entity except that, where such entity holding at least a five percent ownership interest in a cannabis business or the testing laboratory license applicant or license holder:
i. Is a nonprofit entity, any person or entity that is an officer in accordance with the articles of incorporation, or the bylaws or is a member of the governing board of such entity;
ii. Is a qualified institutional investor, any person or entity that holds at least 30 percent aggregate ownership interest in or is a member of the executive team of such entity; or
iii. Is a trust, any trustee of such entity; or
3. A significantly involved person of a cannabis business license applicant or license holder.

"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:

1. Holds an aggregate ownership interest that is greater than zero percent but less than five percent in a cannabis business or testing laboratory license applicant or license holder; and
2. Does not have control or decision-making authority over the management, operations, or policies of such license applicant's or license holder's cannabis business or testing laboratory.

"Person" means a natural person.

"Personal use" or "personal use of cannabis" means:

1. The purchase, acquisition, holding, possession, or use of cannabis or cannabis items by a person 21 years of age or older; and
2. Does not include resale to other persons or entities.

"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:

1. All public and private enclosed areas at the location that are used in the business operated at the location, including, but not limited to, offices, kitchens, rest rooms, and storerooms;
2. Any areas outside a building that is used, or is to be used, for the cultivation, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items;
3. For a location that is used, or is to be used, for the cultivation of cannabis outside a building, the entire lot or parcel that the license holder owns, leases, or has a right to occupy; and
4. A purely administrative office operated by a cannabis distributor or cannabis delivery service that is not used for the possession or handling of cannabis or cannabis items shall not be considered to be a cannabis business premises.

"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.

1. A principal of a cannabis business or testing laboratory license applicant or license holder does not include a manager or a management services contractor.
2. Where a principal of a license applicant or license holder is an entity, any person or entity that holds at least 10 percent aggregate ownership interest in, or is a member of the executive team of, such entity is also a principal of such license applicant or license holder.

"Private capital fund" means:

1. A United States investment company that includes, but is not limited to, a venture capital fund, a hedge fund, or a private equity fund;
2. That is advised or managed by an investment adviser registered under 15 U.S.C. §§ 80b-1 et seq.; and
3. Does not include a qualified institutional investor.

"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:

1. A New Jersey driver's license that is in effect and is a valid State-issued identification card;
2. A Federal, State, or local government-issued identification card that shows the applicant's name and New Jersey address;
3. A utility bill issued within the 90 days preceding the application date that shows the applicant's name and New Jersey address;
4. Correspondence from the Internal Revenue Service or the New Jersey Division of Taxation issued within the year preceding the application date that shows the applicant's name and New Jersey address;
5. A non-driver identification card issued by the New Jersey Motor Vehicle Commission that is in effect and good standing;
6. Federal, State, or local government correspondence issued to the applicant within the 90 days preceding the application date that shows the applicant's name and New Jersey address;
7. Bank statements or credit card bills issued within each of the three months preceding the application date that show the applicant's name and New Jersey address;
8. Residential lease or rental agreements with the name of applicant as lessee or renter;
9. A deed or title to real residential property that is owner-occupied; or
10. Pay stubs from the prior three months that show the applicant's name and New Jersey address.

"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:

1. A bank as defined in Section 3(a)(6) of the Federal Securities Exchange Act of 1934, as amended;
2. A bank holding company as defined in the Federal Bank Holding Company Act of 1956, as amended;
3. An insurance company as defined in Section 2(a)(17) of the Investment Company Act of 1940, as amended;
4. An investment company registered under Section 8 of the Investment Company Act of 1940, as amended;
5. An employee benefit plan or pension fund subject to the Federal Employee Retirement Income Security Act of 1974, excluding an employee benefit plan or pension fund sponsored by a license applicant or license holder or any of its owners;
6. A state or Federal government pension plan; or
7. A group comprised entirely of entities specified at paragraphs 1 through 6 above.

"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:

1. A "cannabis testing facility" that is licensed by the Commission pursuant to N.J.A.C. 17:30-18 to perform testing services, including analysis and certification of compliance with applicable health, safety, and potency standards, on usable cannabis for personal use and cannabis products pursuant to N.J.A.C. 17:30-19; or
2. A "medical cannabis testing laboratory" that is licensed by the Commission pursuant to N.J.S.A. 24:6I-1 to perform testing services, including analysis and certification of compliance with applicable health, safety, and potency standards, on usable cannabis for medical use and medical cannabis products pursuant to N.J.S.A. 24:6I-17.

"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:

1. A landlord that is leasing the land and/or building of a cannabis business premises or administrative office to a license applicant or license holder;
2. A contract counterparty that is leasing equipment used in the cultivation, manufacturing, retail sale, storage, transportation, or destruction of cannabis to a cannabis business license applicant or license holder;
3. A vendor providing materials;
4. An architect;
5. A construction; heating, ventilating, air conditioning, and refrigeration; plumbing; or lighting company;
6. A security company;
7. A lawyer or lobbyist;
8. An accountant; or
9. A consultant providing services, including license application preparation, and operation recommendations regarding cultivation, manufacturing, retail sale, storage, transportation, or destruction of cannabis.

"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

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021
Amended by 55 N.J.R. 402(a), effective 3/6/2023
Amended by 56 N.J.R. 274(a), effective 2/20/2024