N.J. Admin. Code § 17:30-14.8

Current through Register Vol. 56, No. 8, April 15, 2024

Section 17:30-14.8 - Home delivery

(a) A license holder holding a Class 6 Cannabis Delivery license may be authorized by a cannabis retailer to deliver cannabis items to consumers on behalf of that cannabis retailer, based on purchase orders.

(b) As approved by the Commission and pursuant to N.J.S.A. 24:6I-44.j, on behalf of a cannabis retailer, cannabis retailer delivery personnel or a cannabis delivery service personnel may deliver cannabis to a consumer at a residence.

1. Cannabis retailers or cannabis delivery services may engage in delivery in any region and may institute geographic and hourly restrictions on where and when they opt to deliver to consumers.

2. Any such restrictions shall be reported to the Commission and listed on the cannabis retailer's or cannabis delivery service's Internet website.

3. Cannabis retailers or cannabis delivery services may change those restrictions; provided, however, that the cannabis retailer or cannabis delivery service gives advance notice of seven days to the Commission, the cannabis retailer gives advance notice of seven calendar days to the municipality in which the cannabis retailer is located, and the cannabis retailer or cannabis delivery service posts the changed restrictions online and at their cannabis business premises or administrative office.

4. If servicing different geographic areas on different days or at different times, cannabis retailers or cannabis delivery services shall implement a regular schedule to the extent practicable.

(c) Orders shall be placed in advance by a consumer, either directly with a cannabis retailer, or with a cannabis delivery service that provides the purchase order to a cannabis retailer, and cannabis items in the purchase order shall be assembled for delivery at the cannabis retailer premises, and then provided to the cannabis retailer delivery or cannabis delivery service personnel.

1. When a consumer places an order for delivery for the first time with a cannabis retailer or cannabis delivery service, the cannabis retailer or cannabis delivery service may validate the consumer's age by phone or through online means, provided, however that an in-person verification is conducted by cannabis retailer delivery or cannabis delivery service personnel prior to sale and furnishing the ordered items.

(d) In transit, cannabis items shall be locked and stored in a sanitary and secure lockbox in the delivery vehicle until cannabis retailer delivery or cannabis delivery service personnel arrive at the delivery address.

(e) When outside of the vehicle to conduct a delivery, or when leaving the vehicle for any other reason, cannabis retailer delivery or cannabis delivery service personnel shall lock the delivery vehicle and the secure lockbox and engage the vehicle alarm system.

(f) Deliveries may be conducted by a single person; provided, however, that another person that is cannabis retailer or cannabis delivery service personnel, preferably a supervisor, has access to real-time GPS tracking of the delivery vehicle.

(g) A cannabis delivery service and cannabis retailer shall only deliver:

1. To a residence, including a temporary residence, in this State;

2. To a legal consumer whose age has been verified by an examination of the consumer's photographic identification; and

3. A cannabis item in-person and shall not use an unmanned vehicle.

(h) A cannabis retailer or cannabis delivery service shall not leave cannabis items unattended, such as on a porch or stoop, and shall not deliver in mailboxes or to post office boxes or to any residence located on land owned by the Federal government or any residence on land or in a building leased by the Federal government.

(i) At the door of the consumer, cannabis retailer delivery or cannabis delivery service personnel shall conduct an in-person visual verification of the photographic identification of the consumer prior to furnishing purchased cannabis items.

(j) Cannabis retailer delivery or cannabis delivery service personnel may make multiple deliveries in one trip and shall travel only between the cannabis retailer premises and residential delivery addresses, except in the event of emergency or dangerous road conditions or as necessary for sanitization, rest, fuel, or vehicle repair stops.

1. A cannabis retailer or cannabis delivery service shall ensure that deliveries are completed in a timely and efficient manner.

2. During delivery, the cannabis retailer delivery or cannabis delivery service personnel driving the delivery vehicle shall comply with this section and all New Jersey laws, rules, and regulations for operation of vehicles on public roadways.

(k) All transactions, including the information at (l) below, shall be appropriately logged in the Commission-designated inventory management system and, as applicable, the cannabis retailer's and cannabis delivery service's internal inventory in accordance with N.J.A.C. 17:30-9.7 and 9.13 and other corresponding rules.

(l) A cannabis retailer and cannabis delivery service shall maintain delivery records, which includes the following information for every delivery conducted by the cannabis retailer or on its behalf:

1. Date and time that the delivery began and ended;

2. Name, address, and signature of the consumer delivery recipient;

3. Name and Cannabis Business Identification Card number of cannabis retailer delivery or cannabis delivery service personnel;

4. The name, amount, batch or lot number(s), and tracking number(s) of the cannabis item(s) delivered; and

5. Confirmation of photographic identification verification.

(m) Where a delivery is attempted and not completed and the cannabis item remains in the possession of the cannabis retailer delivery or cannabis delivery service personnel, the delivery personnel shall return the cannabis item to the originating retailer. The cannabis retailer may restock the product, logging the product's amended status in the internal inventory. Such items must be in new, unopened condition prior to restocking and may be delivered to a consumer pursuant to a subsequent purchase order.

(n) To the extent practicable, the cannabis retailer and cannabis delivery service shall implement protective measures for delivery to reduce the spread of COVID-19 and other communicable diseases as recommended by the New Jersey Department of Health, the United States Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, or health care professionals. These include, but are not limited to, providing cannabis business delivery personnel with hand sanitizer and personal protective equipment, including face masks.

(o) While conducting a delivery, a person that is cannabis retailer delivery or cannabis delivery service personnel shall carry:

1. Their Cannabis Business Identification Card;

2. A valid non-probationary driver's license appropriate to the type of delivery vehicle driven;

3. A cellular telephone to communicate securely with the cannabis retailer or cannabis delivery service; and

4. A physical or electronic copy of the consumer's delivery request or purchase order, which shall be made available, upon request, to State and local law enforcement, the Commission, and local regulatory agencies.

(p) A delivery vehicle shall bear no markings that would either identify or indicate that the vehicle is used to deliver cannabis items.

(q) Delivery vehicles shall be equipped with or contain an operational GPS device at all times.

(r) A cannabis retailer and cannabis delivery service shall maintain current hired and non-owned automobile liability insurance sufficient to insure each delivery vehicle in the amount of at least $ 1,000,000 per occurrence or accident.

(s) A cannabis retailer and cannabis delivery service shall provide the Commission with current information on all delivery vehicles, including each vehicle's make, model, color, vehicle identification number, license plate number, and vehicle registration.

(t) A cannabis retailer and cannabis delivery service shall provide the Commission with a list of all personnel that will be used as cannabis retailer delivery or cannabis delivery service personnel, documentation that they have received training for the position, and verification that they have valid non-probationary driver's licenses appropriate to the type of delivery vehicle driven.

(u) A cannabis retailer and cannabis delivery service shall report any vehicle accidents, diversions, losses, or other reportable events that occur during delivery to the appropriate State and local authorities, including the Commission.

(v) A cannabis retailer or cannabis delivery service may charge a delivery fee.

(w) A cannabis retailer may sell finished cannabis items to another cannabis retailer to conduct deliveries on its behalf.

(x) Prior to initiating delivery services, a cannabis retailer and cannabis delivery service shall provide the Commission with a delivery operations plan for approval. The delivery operations plan shall include standard operating procedures for:

1. Taking orders, verifying photographic identification; and taking payments;

2. Logging the transactions in the Commission-designated inventory management system and, as applicable, internal inventory;

3. Conducting in-person deliveries, which shall include protocols for use of personal protective equipment and regular sanitization, if necessary;

4. Maintaining privacy and confidentiality of the purchasing consumer's purchase information;

5. Training cannabis retailer delivery or cannabis delivery service personnel;

6. Tracking delivery vehicles and inventory;

7. Security for cannabis retailer delivery or cannabis delivery service personnel, delivery vehicles, and inventory; and

8. Emergency notification and response in the event of accidents, theft, equipment malfunction, or other emergency events.

N.J. Admin. Code § 17:30-14.8

Recodified from 17:30-12.8 by 55 N.J.R. 402(a), effective 3/6/2023