N.J. Admin. Code § 17:30-14.10

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

Section 17:30-14.10 - Cannabis consumption area conduct

(a) It shall not be unlawful and it shall be permitted for a qualifying patient or consumer to consume, smoke, vape, or aerosolize in the cannabis consumption area medical cannabis or cannabis items, as applicable, pursuant to N.J.S.A. 24:6I-21 and this section.

1. All cannabis consumption areas shall allow registered patients who are at least 21 years of age to consume medical cannabis.

(b) An indoor cannabis consumption area:

1. Shall be a structurally enclosed area within a medical cannabis dispensary or cannabis retailer facility, separated by solid walls or windows from the area in which medical cannabis is dispensed or retail sales of cannabis items occur;

2. Shall only be accessible through an interior door after first entering the dispensary or retailer facility; and

3. Shall comply with all ventilation requirements applicable to cigar lounges, as that term is defined at N.J.S.A. 26:3D-57, in order to permit indoor smoking, vaping, or aerosolizing of medical cannabis or cannabis items that is the equivalent of smoking tobacco not in violation of the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq.

(c) An outdoor cannabis consumption area:

1. Shall be an exterior area on the same premises as the medical cannabis dispensary or cannabis retailer that is either separate from or connected to the dispensary or retailer;

2. Is not required to be completely enclosed, but shall have sufficient walls, fences, or other barriers to prevent any reasonable view from any sidewalk or other pedestrian or non-motorist right-of-way of patients or consumers consuming medical cannabis or cannabis items, as the case may be, within the consumption area; and

3. Shall ensure that any smoking, vaping, or aerosolizing of medical cannabis or cannabis items that occurs in the area does not result in migration, seepage, or recirculation of smoke or other exhaled material to any indoor public place or workplace as those terms are defined at N.J.S.A. 26:3D-57, which includes the use of any ventilation features the Commission deems necessary and appropriate.

(d) A medical cannabis dispensary or cannabis retailer operating a cannabis consumption area:

1. Shall possess both a current State and municipal endorsement in order to operate;

2. Shall only operate one cannabis consumption area, regardless of the number of Class 5 Cannabis Retailer licenses held by the cannabis retailer;

3. Shall designate the cannabis consumption area by conspicuous signage, which shall indicate that the cannabis consumption area may be used for the on-premises consumption of medical cannabis and personal use cannabis items;

4. Shall not sell or allow the consumption of any alcohol, including fermented malt beverages or malt, vinous, or spirituous liquor, or tobacco or nicotine products on the premises;

5. Shall not operate as a retail food establishment as defined at N.J.A.C. 8:24-1.5;

6. May transfer medical cannabis or cannabis items purchased by a qualifying patient or consumer in its retail establishment to that patient or consumer in its cannabis consumption area;

7. Shall limit the amount of medical cannabis or cannabis items sold to a person to be consumed in its consumption area, or brought into its consumption area if permitted pursuant to (e) below, to no more than the sales limits at N.J.S.A. 24:6I-10.f and N.J.A.C. 17:30-14.3(d).

i. A medical cannabis dispensary or cannabis retailer shall not engage in multiple sales transactions of medical cannabis or cannabis items to the same person during the same business day when a retailer's or dispensary's personnel knows, or reasonably should have known, that the sales transaction would result in the person possessing more than the sales limits established by the Commission;

8. Shall provide information regarding the safe consumption of medical cannabis or cannabis items at the point of sale to all persons who make a purchase, as well as to all persons entering the cannabis consumption area;

9. Shall not allow on-duty personnel of the establishment to consume any medical cannabis or personal use cannabis items in the consumption area, other than on-duty personnel who are registered qualifying patients, if the medical cannabis dispensary or cannabis retailer does not otherwise provide reasonable accommodations in a private area for that person to use medical cannabis;

10. Shall restrict access to a cannabis consumption area to personnel of the medical cannabis dispensary or cannabis retailer, adults who are at least 21 years of age, and registered qualifying patients and designated caregivers who are at least 21 years of age;

11. Shall require each person, in order to enter the consumption area to produce a form of government-issued photo identification that may be accepted pursuant to N.J.S.A. 24:6I-35.a(6)(a) and N.J.A.C. 17:30-14.3(a) to prove they are at least 21 years of age;

12. Shall not distribute or allow others to distribute free cannabis samples on the premises of the cannabis business;

13. Shall ensure, when a patient or consumer leaves a cannabis consumption area, that any remaining unconsumed medical cannabis or cannabis item that is not carried out with the patient, the patient's designated caregiver, or the consumer is destroyed;

i. When patients or consumers carry out medical cannabis or cannabis items that can no longer be resealed in accordance with N.J.A.C. 17:30-16.2(f)4, the medical cannabis dispensary or cannabis retailer shall provide the patient or consumer with an exit package that complies with N.J.A.C. 17:30-16.2 to store their unused cannabis items or medical cannabis, as applicable;

14. Shall not sell or serve additional cannabis items to a consumer who displays visible signs of intoxication and shall not permit the additional use or consumption of cannabis by a consumer who displays visible signs of intoxication; and

15. Shall make good faith efforts to ensure that consumers, patients, and caregivers bring only regulated medical or personal-use cannabis items into the cannabis consumption area.

(e) A medical cannabis dispensary or cannabis retailer with a cannabis consumption area, and its personnel may permit a person to bring personal-use cannabis items into a cannabis consumption area, as long as the on-premises consumption of that cannabis is authorized by the endorsement received by the medical cannabis dispensary or cannabis retailer. A medical cannabis dispensary or cannabis retailer with a cannabis consumption area may not prohibit a person from bringing medical cannabis items to a consumption area.

(f) If an emergency requires law enforcement personnel, firefighters, emergency medical services providers, or other public safety workers to enter a cannabis consumption area, the medical cannabis dispensary or cannabis retailer shall prohibit on-site consumption of medical cannabis and cannabis items until such public safety workers have completed their investigation or services and have left the premises.

N.J. Admin. Code § 17:30-14.10

Adopted by 56 N.J.R. 274(a), effective 2/20/2024