N.J. Admin. Code § 17:30-3.4

Current through Register Vol. 54, No. 15, August 1, 2022
Section 17:30-3.4 - Social equity excise fee
(a) In accordance with N.J.S.A. 54:47F-1, the Commission shall impose a Social Equity Excise Fee on the sale or transfer of usable cannabis by a cannabis cultivator to any other cannabis establishment other than another cannabis cultivator.
1. Such fee shall be implemented in consultation with, and collected by, the Division of Taxation, in the Department of the Treasury.
(b) The Commission shall set the amount of any imposed Social Equity Excise Fee by providing notice of the fee in the New Jersey Register by November 1, to be effective on January 1 of the next calendar year.
(c) Effective August 19, 2021 (the effective date of this rulemaking), an imposed Social Equity Excise Fee shall be 1/3 of one percent of the Statewide average retail price of an ounce of usable cannabis for consumer purchase, as determined by the Commission, during the calendar year the fee may be imposed.
(d) An excise fee pursuant to this section shall be per ounce of usable cannabis sold or transferred by a cannabis cultivator. Any fractional portion of an ounce sold or transferred shall be subject to the fee on a proportional basis.
(e) An excise fee pursuant to this section shall not apply to sales to transfers of usable cannabis by a cannabis cultivator to a licensed ATC for use in cannabis dispensing pursuant to the Jake Honig Compassionate Use 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.).

N.J. Admin. Code § 17:30-3.4

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