N.J. Admin. Code § 17:30-9.5

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

Section 17:30-9.5 - Prohibitions applicable to a cannabis business

(a) A license holder shall not allow any cannabis item or alcohol to be consumed on the premises or administrative offices of the cannabis business, or in public areas in the vicinity of such premises or administrative offices, except cannabis items may be consumed in a cannabis consumption area.

(b) A medical cannabis dispensary or cannabis retailer shall not operate as a retail food establishment, as defined at N.J.A.C. 8:24-1.5, and the sale of food, beverages, alcohol, or tobacco on the premises of a cannabis business are prohibited; except that sales of food to personnel of such cannabis business on the premises in an area separated from the physical plant, such as an employee break room; or consumption of food brought by or delivered to, qualifying patients, designated caregivers, or consumers in a cannabis consumption area are permitted, where allowed by law.

(c) Entry onto the premises of a cannabis business by a person who is under the age of 21 is prohibited, unless the individual is accompanied by and supervised by a parent or legal guardian or is otherwise permitted by law.

(d) A license holder and its personnel and agents shall not sell or give for consumption any cannabis items to a person under 21 years of age.

(e) Pursuant to N.J.A.C. 17:30-9.4(b), a cannabis business shall not use, display, advertise, or operate under any alternate name, including, but not limited to, any doing business as an alternate name, nor shall it hold itself out to be an entity operating under an alternate name.

1. This prohibition shall not apply to any alternative treatment center that was issued a permit prior to the effective date of P.L. 2019, c. 153(N.J.S.A. 24:6I-5.1 et seq.), and any alternative treatment center that was issued a permit subsequent to July 2, 2019, pursuant to an application submitted prior to that effective date, provided that the ATC's alternate name was authorized by the Commission prior to August 19, 2021, and that the ATC does not change its name or alternate name subsequent to August 19, 2021. An ATC that changes its name or alternate name on or after August 19, 2021, shall be subject to the prohibition on the use of alternate names.

N.J. Admin. Code § 17:30-9.5

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