N.J. Admin. Code § 17:30-14.9

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

Section 17:30-14.9 - Cannabis Consumption Area Endorsement Application Process

(a) A medical cannabis dispensary or cannabis retailer may operate a cannabis consumption area in accordance with N.J.S.A. 24:6I-21 and this chapter upon receiving an endorsement from the Commission and the municipality in which it is located.

(b) To apply for a cannabis consumption area endorsement, the medical cannabis dispensary or cannabis retailer shall submit an application meeting the requirements at N.J.S.A. 24:6I-21 and this section to the Commission.

1. Each applicant shall submit, along with the application, an oath or attestation that the information provided in the application is true and accurate.

(c) Within 14 days of receipt of a complete cannabis consumption area endorsement application, the Commission shall forward a copy of the application to the municipality in which the cannabis consumption area is to be located, unless the municipality has prohibited the operation of cannabis consumption areas.

(d) Within 28 days of receipt of a complete cannabis consumption area endorsement application, the municipality shall determine whether the application complies with its local restrictions on cannabis consumption areas and receives its endorsement and shall inform the Commission of its determination.

(e) After the receipt of the determination of the municipality on whether the application complies with local restrictions and receives a municipal endorsement, the Commission shall make a determination on the completed application.

1. Such determination may include a determination that the Commission requires more time to adequately review the application.

2. If the municipality denies the application for, or revokes the municipal endorsement, the Commission shall deny or revoke the State endorsement.

(f) The Commission may deny an application for or the renewal of a State cannabis consumption area endorsement, or suspend or revoke a cannabis consumption area endorsement or Class 5 Cannabis Retailer license, under one or more of the following conditions:

1. The cannabis consumption area operator has not submitted the requisite application or licensing fees pursuant to N.J.A.C. 17:30-7.17;

2. The premises on which the applicant proposes to conduct its business does not meet the requirements of the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307(N.J.S.A. 24:6I-1 et seq.) or the Act, as applicable, or this chapter; or

3. There is a reason for denial or revocation set forth at N.J.S.A. 24:6I-21, including "good cause."

i. For the purpose of this paragraph, "good cause" means:

(1) The endorsed applicant, permit holder, or license holder has violated, does not meet, or has failed to comply with, any of the terms, conditions, or provisions at N.J.S.A. 24:6I-21, this chapter, and any other rules promulgated pursuant to N.J.S.A. 24:6I-21, or any supplemental local laws, rules, or regulations;

(2) The endorsed applicant, permit holder, or license holder has failed to comply with any special terms or conditions that were placed on its endorsement by the Commission or municipality; or

(3) The premises have been operated in a manner that adversely affects the public health or the safety of qualifying patients, consumers, personnel of the medical cannabis dispensary, cannabis retailer, the general public, or the immediate neighborhood in which the consumption area is located.

(g) If the Commission denies an application for, or revokes, a State cannabis consumption area endorsement, the Commission shall provide the applicant with written notice of the denial or revocation and the specific reason for the denial or revocation.

(h) Any Commission decision made to approve or deny a State cannabis consumption area endorsement application pursuant to N.J.S.A. 24:6I-21 or this section shall be considered a final agency decision for the purposes of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., subject to judicial review by, and of which jurisdiction and venue for such review are vested in, the Appellate Division of the Superior Court, pursuant to N.J.A.C. 17:30-17.9.

(i) Any person aggrieved by the municipal denial of an endorsement application or municipal revocation of an endorsement may request a hearing in the Superior Court of the county in which the application was filed.

1. The request for a hearing shall be filed within 30 days after the date of the municipal denial of the application.

2. The person shall serve a copy of the person's request for a hearing upon the appropriate officer for the municipality that denied the application or revoked the endorsement.

3. The hearing shall be held, and a record made thereof, within 30 days after the receipt of the request for a hearing.

4. No formal pleading and no filing fee shall be required for the hearing.

(j) A cannabis consumption area endorsement shall be valid for one year and may be renewed annually, subject to the approval of the Commission and the municipality as set forth at N.J.S.A. 24:6I-21 and this chapter.

(k) The Commission shall maintain a list of all cannabis consumption areas in the State and shall make the list available on its Internet website.

N.J. Admin. Code § 17:30-14.9

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