N.J. Admin. Code § 17:30-20.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:30-20.2 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:

"Concurrent violations" means violations that occur within the same 24-hour period. The penalties for concurrent violations shall generally be calculated based on the same level of violation.

"Major license violations" mean violations that affect public health or safety or betray the public trust and include, but are not limited to:

1. Selling usable cannabis or cannabis products containing any other Federally controlled substance, including, but not limited to, opioids, stimulants, or hallucinogens;

2. Using prohibited agricultural chemicals that pose a threat to the health of consumers, or the health of individuals employed by a cannabis business if not handled in accordance with the chemical manufacturer's instructions;

3. Marketing, selling, distributing, selling, or transferring usable cannabis or cannabis products to a person under 21 years of age or not approved by the Commission pursuant to the Act and this chapter;

4. Selling or transporting cannabis items outside New Jersey in violation of Federal law;

5. Destroying, damaging, altering, tampering with, removing, or concealing potential evidence of a violation pursuant to this subsection, attempting to do so, or asking or encouraging another person to do so;

6. Submission of fraudulent, false, or misleading information as to a material fact to the Commission, or falsifying any record required to be maintained by the cannabis business;

7. Involving a person in the operation of a cannabis business or testing laboratory who has not been authorized by the Commission to be involved in such operations;

8. Diverting any usable or unusable cannabis, cannabis product, or other item subject to regulation by the Commission to the illicit market;

9. Operating a cannabis business or testing laboratory in a manner that adversely affects the public health, safety, or general welfare of consumers, the individuals working in the cannabis business or testing laboratory, or the neighborhood surrounding its premises;

10. Having had three or more instances of failing to have on the premises or at the administrative office, at all times during the hours of operation and periods of apparent activity, a Cannabis Business Identification Cardholder who is authorized to allow and cooperate with Commission requests to inspect the premises or administrative office;

11. Refusing to permit the Commission to inspect the premises or administrative office during hours of operation or periods of apparent activity; or

12. Other conduct that shows willful or reckless disregard for the health or personal safety of any person.

"Successive violations" means two or more violations of the same duty or responsibility that occur outside of the same 24-hour period. The penalties for successive violations shall generally be calculated based upon the number of violations occurring within a two-year period from the date of disposition of any prior violation(s).

"Violation" means each breach of duty or responsibility imposed by the Act or this chapter.

N.J. Admin. Code § 17:30-20.2

Recodified from 17:30-17.2 by 55 N.J.R. 402(a), effective 3/6/2023