N.J. Admin. Code § 17:30-2.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:30-2.1 - Consumer and license holder criminal protections

(a) Pursuant to N.J.S.A. 24:6I-51.a, persons and licensed cannabis businesses and testing laboratories shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, solely for conduct permitted pursuant to P.L. 2021, c. 16(N.J.S.A. 24:6I-31 et seq.).

1. Nothing in this subchapter shall be construed to limit the authority of an agency or subdivision of any agency of this State to cooperate with or assist the government of the United States, or any agency thereof, or the government of another state, or agency thereof, in matters pertaining to illegal interstate trafficking of marijuana, hashish, cannabis, or cannabis items; and

2. Licensed cannabis businesses and testing laboratories and personnel remain subject to criminal prosecution for activities not authorized by the Act, this chapter, or the cannabis business or testing laboratory license.

(b) It is not unlawful, pursuant to N.J.S.A. 2C:35-10.a for: < >

1. A consumer to possess, display, purchase, transport, or transfer without remuneration for non-promotional, nonbusiness purposes, where the cannabis item is obtained directly from a licensed cannabis retailer:

i. Up to one ounce of usable cannabis; or

ii. Up to the equivalent of one ounce of usable cannabis as a cannabis product in solid, liquid, or concentrate form;

2. A consumer to take delivery of, or consume, a lawfully possessed cannabis item in a place where it is not prohibited to do so, including to smoke, vape, or aerosolize a cannabis item in a cannabis consumption area as set forth at N.J.S.A. 24:6I-21 and N.J.A.C. 17:30-14.9 and 14.10, or in a guest room at a hotel, motel, or other lodging establishment, as defined at N.J.S.A. 29:4-5, that permits such consumption, smoking, vaping, or aerosolizing; or

3. Another person to assist a consumer in engaging in any of the acts described at (b)1 and 2 above, provided that the assistance being provided is with the consumer's consent and without remuneration.

(c) It is not unlawful, and shall not be a criminal offense, in accordance with N.J.S.A. 2C:35-10.b, for cannabis business or testing laboratory personnel, as applicable, to act within the scope of authority provided by a license issued pursuant to the Act and this chapter.

(d) It is not unlawful, in accordance with N.J.S.A. 2C:35-10.b, for a property owner that is at least 21 years of age acting within the scope of authority provided by a license, to lease, or otherwise allow the use of, property for the operation of a cannabis business.

(e) Notwithstanding the provisions of N.J.S.A. 24:6I-52, until such time that the Commission, in consultation with the Police Training Commission established pursuant to N.J.S.A. 52:17B-70, develops standards for a Workplace Impairment Recognition Expert certification, no physical evaluation of an employee being drug tested in accordance with N.J.S.A. 24:6I-52 shall be required.

N.J. Admin. Code § 17:30-2.1

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Amended by 55 N.J.R. 402(a), effective 3/6/2023

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