N.J. Admin. Code § 17:30-14.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:30-14.3 - Cannabis retailer sale to a consumer

(a) Before allowing entrance to a cannabis retailer, and additionally prior to selling or serving cannabis items to a consumer, for each transaction, cannabis retailer personnel shall examine any one of the following pieces of photographic identification and shall confirm the consumer is of legal age to purchase cannabis:

1. The person's United States passport; other country's passport; or proper government-issued documentation for international travel, provided it is lawful to use as identification in the United States;

2. The person's motor vehicle driver's license, whether issued by New Jersey or by any other state, territory, or possession of the United States, or the District of Columbia, provided the license displays a picture of the person;

3. A New Jersey identification card issued by the New Jersey Motor Vehicle Commission; or

4. Any other identification card issued by a state, territory, or possession of the United States, the District of Columbia, or the United States that bears a picture of the person, the name of the person, the person's date of birth, and a physical description of the person.

(b) In order to ensure that individual privacy is protected:

1. A consumer is not required to provide a cannabis retailer with personal information other than government-issued identification as set forth at (a) above in order to determine the consumer's identity and age;

2. A cannabis retailer shall not collect and retain any personal information about a consumer other than information typically acquired in a financial transaction conducted by the holder of a Class C retail license concerning alcoholic beverages as set forth at N.J.S.A. 33:1-12; and

3. The cannabis retailer shall not keep a copy of the consumer's photographic identification.

(c) Cannabis retailer personnel shall log that the examination of photographic identification and confirmation of legal age pursuant to (a) above occurred in a record, and the cannabis retailer shall maintain such record and it shall be available for inspection by the Commission.

(d) The cannabis retailer shall not sell to a consumer in a single sales transaction:

1. More than 28.35 grams (one ounce) of usable cannabis;

2. More than four grams of solid cannabis concentrate or four mL of liquid cannabis concentrate (oil);

3. Vaporized formulation containing more than four mL of liquid cannabis concentrate (oil);

4. Multiple ingestible cannabis-infused products containing an aggregate total of more than 1,000 mg of THC; or

5. More than 28.35 grams (one ounce), or the equivalent, of some combination of usable cannabis and cannabis products.

(e) The cannabis retailer shall make a good faith effort to prevent a consumer from exceeding one ounce of usable cannabis or the equivalent weight in cannabis products, in multiple sales transactions.

(f) The cannabis retailer shall only sell to consumers cannabis items that have been properly tested, packaged, sealed, and labeled in accordance with the provisions at N.J.A.C. 17:30-16.2 and 16.3.

(g) A cannabis retailer shall provide the consumer with a receipt that includes, at a minimum:

1. Its name, address, license number, and telephone number;

2. The date of retail sale; and

3. The cannabis items purchased and their purchase price.

(h) A cannabis retailer selling an electronic smoking device to the consumer shall provide a supplemental information document that:

1. Lists all ingredients or materials used to manufacture the electronic smoking device;

2. Provides instructions to consumers on how to use the electronic smoking device safely as part of intended usage based on manufacturer's recommendations, which shall include, but not be limited to, a recommended number of seconds per dose; and

3. States, "Electronic smoking devices and vaporized formulations of cannabis are not approved by the Food and Drug Administration and have not been proven to be safe for use in humans. Consumers should consider alternative methods for the administration of cannabis."

(i) A cannabis retailer shall offer to provide clearly visible information on the safe use of cannabis items to consumers at the point of sale, such as a printed copy of the information on Safe and Responsible Consumption provided on the Commission website, www.nj.gov/cannabis.

(j) A cannabis retailer shall offer to provide a copy of the written report from the testing laboratory pursuant to N.J.A.C. 17:30-19.6 as a supplemental informational document to the adult consumer.

(k) The cannabis retailer shall collect any tax from a consumer required by the Act and this chapter.

N.J. Admin. Code § 17:30-14.3

Recodified from 17:30-12.3 by 55 N.J.R. 402(a), effective 3/6/2023