N.J. Admin. Code § 17:30-20.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 17:30-20.3 - Onsite assessment

(a) A cannabis business or testing laboratory shall permit and facilitate scheduled and unscheduled onsite assessments, at any time without notice, by the Commission, or its designee, as a condition of obtaining and maintaining licensure.

1. The cannabis business or testing laboratory shall allow the Commission, or its designee, access to its premises or administrative office to conduct the onsite assessment.

2. A refusal to allow entry by the Commission, or its designee, or to cooperate with an onsite assessment is grounds for penalty, including revocation or denial of a license and for a referral of the matter to State law enforcement agencies.

3. The Commission shall not be required to obtain a search warrant to conduct an investigation or search of the cannabis business premises or administrative office.

(b) During an onsite assessment, a cannabis business or testing laboratory shall:

1. Demonstrate compliance with the Commission's standards as set forth in this chapter for the conduct of business or the methods for which licensure is sought or granted; and

2. Provide the Commission, or the Commission's designee, immediate and complete access to any material and information, including sales and other financial records.

(c) During any inspection, the Commission may require proof that a person performing work at the cannabis business or testing laboratory premises or administrative office is at least 21 years of age.

1. If the person does not provide the Commission with acceptable proof of age upon request, the Commission may require the person to immediately cease any activity and leave the premises or administrative office until the Commission receives acceptable proof of age.

(d) An onsite assessment may include, but not be limited to:

1. The inspection and examination of the premises or administrative office, including any buildings, for the purpose of determining compliance with the Act and this chapter;

2. The review or audit of all documents, records, books, accounts, and papers of the license holder on the cannabis business premises or administrative office, and the making and retaining of copies and/or extracts from such documents, records, books, accounts, and papers;

3. The use of any computer system at the cannabis business or testing laboratory to examine electronic data;

4. The reproduction and retention of any document or electronic data in the form of a printout or other output;

5. The examination and collection of samples of any cannabis item found at the cannabis business or testing laboratory;

6. The seizure and detention of any cannabis item or thing believed to contain cannabis found at the cannabis business or testing laboratory, provided that:

i. If the Commission makes a seizure, it shall take such measures as are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurs notice of the seizure;

ii. If the Commission determines that the detention of the substance or thing seized is no longer necessary to ensure compliance with applicable law and the cannabis business or testing laboratory license, the Commission shall notify, in writing, the license holder of that determination and shall return the substance or thing to the license holder, upon the license holder issuing a receipt to the Commission for the return of the substance or thing; and

iii. The Commission shall maintain documentation of the chain of custody of seized substances or things, in accordance with N.J.A.C. 17:30-19.1; and

7. The inspection of a testing laboratory to determine the condition and calibration of any equipment used for testing purposes and to ensure that testing is being performed in accordance with the requirements at N.J.S.A. 24:6I-19 and N.J.A.C. 17:30-19.

N.J. Admin. Code § 17:30-20.3

Recodified from 17:30-17.3 by 55 N.J.R. 402(a), effective 3/6/2023