N.J. Admin. Code § 17:30-2.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 17:30-2.3 - Consumer and license holder civil 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 penalty in any manner, or denied any right or privilege, including, but not limited to, civil liability or disciplinary action by a business, occupational, or professional licensing board or bureau, solely for conduct permitted pursuant to the Act.

1. Licensed cannabis businesses and testing laboratories and personnel remain subject to civil or criminal penalties for their activities not authorized pursuant to the Act, this chapter, the Commission, or by the cannabis business or testing laboratory license.

(b) Nothing in this chapter shall be construed to limit any privileges or rights of a registered qualifying patient, designated caregiver, institutional caregiver, or alternative treatment center, as provided in the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307(N.J.S.A. 24:6I-1 et seq.), or P.L. 2015, c. 158(N.J.S.A. 18A:40-12.22 et seq.), concerning the use of medical cannabis and medical cannabis products.

(c) Pursuant to N.J.S.A. 24:6I-49, a financial institution shall not engage in discriminatory activities with respect to the banking activities of a cannabis business or a person associated with a cannabis business.

(d) Pursuant to N.J.S.A. 24:6I-53, no contract shall be unenforceable on the basis that manufacturing, distributing, selling, dispensing, possessing, or using any cannabis item is prohibited by Federal law.

(e) Notwithstanding the provisions at 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 § 17:30-2.3

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

Amended and Recodified to 17:30-2.2 by 55 N.J.R. 402(a), effective 3/6/2023