New Jersey Cannabis Regulatory Commission Approves Specially Adopted Personal Use Cannabis Rules

CANNANNEW REPORT

On August 19, 2021, the New Jersey Cannabis Regulatory Commission (CRC) approved the Specially Adopted Personal Use Cannabis Rules (the “Rules”). The Rules will be effective until at least August 19, 2022. The Rules establish the recreational cannabis industry in New Jersey and allow the CRC to begin licensing businesses as soon as possible. The Rules aim to promote social equity, safety and easy access to the cannabis marketplace while keeping local municipalities in control of how they want cannabis businesses to operate in their jurisdiction. LICENSING The Rules specify different classes of licenses for each stage of the supply chain. These classes include cultivators, manufacturers, retailers, distributors and delivery services. The Rules also establish a microbusiness license for each of these license classes. A microbusiness is defined as having no more than ten employees and premises no larger than 2,500 square feet. In order to promote small business ownership in the New Jersey cannabis industry, the number of microbusiness licenses available will not be limited by the commission and microbusiness applications will be prioritized over other cannabis business applications during the licensing process. Additionally, microbusinesses will pay 50% of the license fee for their class. The Rules also create a pathway for Alternative Treatment Centers (ATC) previously licensed under New Jersey’s medical cannabis law to expand their operations to include recreational cannabis. Importantly, the Commission will limit the number of cultivator licenses it awards in the 24-month period after February 22, 2021 to 37. This number includes expanded ATCs, but not microbusiness cultivators. Following the 24-month period, the Commission will determine whether or not to increase the number of cultivators to meet market demand. The Commission will determine an adequate number of licenses to award in all other classes in order to meet market demand, but is prohibited from…

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