Statutes, codes, and regulations
New Jersey Administrative Code
Title 17 - TREASURY - GENERALChapter 30A - MEDICINAL MARIJUANA
Subchapter 13 - MONITORING, ENFORCEMENT ACTIONS, APPEAL RIGHTS, AND EXEMPTION FROM STATE CRIMINAL AND CIVIL PENALTIES FOR THE MEDICINAL USE OF MARIJUANA
Section 17:30A-13.6 - Prohibitions, restrictions, and limitations on the cultivation or dispensing of medicinal marijuana and criminal penalties

N.J. Admin. Code § 17:30A-13.6

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Current through Register Vol. 56, No. 23, December 2, 2024
Section 17:30A-13.6 - Prohibitions, restrictions, and limitations on the cultivation or dispensing of medicinal marijuana and criminal penalties
(a) The holding of an ATC permit or employment at an ATC does not relieve the ATC or its employees from criminal prosecution or civil penalties for activities not authorized by the Act, this chapter, or the ATC permit.
(b) Distribution of medicinal marijuana to qualified patients or their primary caregivers shall take place at the Commission-approved location identified on the ATC's permit.
1. ATCs shall not be located within a drug-free school zone.
(c) Any person who makes a fraudulent representation to a law enforcement officer about the person's status as a qualifying patient to avoid arrest or prosecution for a marijuana-related offense is guilty of a petty disorderly persons offense and shall be sentenced in accordance with applicable law.
(d) A person who knowingly sells, offers, or exposes for sale or otherwise transfers or possesses with the intent to sell, offer, or expose for sale or transfer a document that falsely purports to be a registry identification card or an ATC identification card issued pursuant to the Act, or a registry identification card or an ATC identification card issued pursuant to the Act that has been altered, is guilty of a crime of the third degree. A person who knowingly presents to a law enforcement officer a document that falsely purports to be a registry identification card or an ATC identification card issued pursuant to the Act, or a registry identification card or an ATC identification card that has been issued pursuant to the Act that has been altered, is guilty of a crime of the fourth degree. The provisions of this section are intended to supplement current law and shall not limit prosecution or conviction for any other offense.
(e) If an ATC or employee of an ATC sells, distributes, dispenses, or transfers marijuana to a person not approved by the Commission pursuant to the Act and this chapter, or obtains or transports marijuana outside New Jersey in violation of Federal law, the ATC, or employee of the ATC shall be subject to arrest, prosecution, and civil or criminal penalties pursuant to State law.

N.J. Admin. Code § 17:30A-13.6

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
Section was "Prohibitions, restrictions and limitations on the cultivation or dispensing of medicinal marijuana and criminal penalties". Rewrote (a) and (c).