N.J. Admin. Code § 17:30-9.10

Current through Register Vol. 56, No. 16, August 19, 2024

Section 17:30-9.10 - Security

(a) Each cannabis business shall provide effective controls and procedures to guard against unauthorized access to the cannabis business premises or the cannabis business's electronic systems, theft, and diversion of cannabis. Such controls may include, but are not limited to, systems to protect against electronic records tampering.

(b) At a minimum, each cannabis business shall:

1. Install, maintain in good working order, and operate a safety and security alarm system at its cannabis business premises that will provide suitable protection against theft and diversion and that provides, at a minimum:

i. Immediate automatic or electronic notification to alert cannabis business personnel and State or local police agencies to an unauthorized breach of security or an alarm or system failure at the cannabis business; and

ii. A backup system that activates immediately and automatically upon a loss of electrical support and that immediately issues either automatic or electronic notification to State or local police agencies of the loss of electrical support;

2. Implement appropriate security and safety measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis;

3. Implement security measures that protect the cannabis business premises, consumers, and cannabis business personnel;

4. Establish a protocol for the testing and maintenance of the security alarm system;

5. Conduct maintenance inspections and tests of the security alarm system at the cannabis business premises at intervals not to exceed 30 days from the previous inspection and test and promptly implement all necessary repairs to ensure the proper operation of the alarm system;

6. In the event of a failure of the security alarm system due to a loss of electrical support or mechanical malfunction that is expected to last longer than eight hours:

i. Notify the Commission pursuant to N.J.A.C. 17:30-9.11; and

ii. Provide alternative security measures approved by the Commission or close the authorized cannabis business premises impacted by the failure or malfunction until the security alarm system is restored to full operation;

7. Keep access from outside the cannabis business premises to a minimum and ensure that access is well controlled;

8. Limit entry into areas where cannabis is held to authorized personnel; and

9. Equip interior and exterior premises with electronic monitoring, video cameras, and panic buttons.

i. A video surveillance system shall be installed and operated at the cannabis business premises to clearly monitor all critical control activities of the cannabis business and shall be in working order and operating at all times. The cannabis business shall provide access for remote viewing by the Commission. This system shall be approved by the Commission prior to license issuance.

ii. The original tapes or digital pictures produced by this system shall be stored in a safe place with a 30-day archive;

10. Keep the outside areas of the cannabis business premises and its perimeter well-lighted.

i. Exterior lighting must be sufficient to deter nuisance and criminal activity and facilitate surveillance and must make reasonable efforts to not disturb surrounding businesses or neighbors; and

ii. The video surveillance system shall be supported by adequate security lighting, which shall illuminate all entrances and exits, and which may be modified, as necessary, to include motion control sensors to protect cultivation light-dark cycles, as applicable; and

11. Provide law enforcement and neighbors within 100 feet of the cannabis business premises with the name and phone number of a staff member to notify during and after operating hours to whom they can report problems with the establishment.

(c) The security alarm system and video surveillance system pursuant to (b) above shall be continuously monitored, 24 hours a day, seven days a week.

1. Monitoring of the security alarm system and video surveillance system may be conducted off-site.

(d) Subsections (b) and (c) above do not apply to the administrative office of a cannabis distributor or delivery service where cannabis items are not possessed or stored.

N.J. Admin. Code § 17:30-9.10

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

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