N.J. Admin. Code § 17:30A-7.1

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

Section 17:30A-7.1 - Permit application procedures and requirements for non-clinical alternative treatment centers

(a) An applicant for a non-clinical ATC permit shall submit an application form and the fees required at N.J.A.C. 17:30A-6.5, as well as all other required documentation on forms obtained from the permitting authority or on the Commission's website at http://www.nj.gov/cannabis.

(b) In addition to the application, the documentation shall include the following:

1. The legal name of the business entity applying for a permit, a copy of the entity's organizational documents and by-laws, evidence that the business entity is in good standing with the New Jersey Department of the Treasury, and a certificate certified under the seal of the New Jersey State Treasurer as to the legal status of the business entity; and

2. Each applicant, including the information for each subcontractor or affiliate to the entity named in the application shall submit:

i. Documentation of a valid Business Registration Certificate on file with the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services;

ii. A list of the names, addresses, and dates of birth of the proposed alternative treatment center's employees, principal officers, directors, owners, and board members, including service on any other ATC board;

iii. A list of all persons or business entities having direct or indirect authority over the management or policies of the ATC;

iv. A list of all persons or business entities having five percent or more ownership in the ATC, whether direct or indirect and whether the interest is in profits, land, or building, including owners of any business entity that owns all or part of the land or building;

v. The identities of all creditors holding a security interest in the applicant or premises, if any;

vi. The bylaws and a list of the members of the ATC's medical advisory board;

vii. Evidence of compliance with N.J.A.C. 8:21-3A.18with regards to inspection and auditing of the ATC;

viii. Evidence of the principals, directors, board members, owners, and employees to cooperate with a criminal history record background check pursuant to N.J.A.C. 17:30A-7.2, including payment of all applicable fees associated with the criminal history record background check, which shall be paid by the ATC or the individual;

ix. The mailing and physical addresses of the proposed alternative treatment center;

x. Written verification of the approval of the community or governing body of the municipality in which the alternative treatment center is or will be located;

xi. Evidence of compliance with local codes and ordinances including, but not limited to, the distance to the closest school, church, temple, or other places used exclusively for religious worship or a playground, park, or child day care facility from the alternative treatment center;

xii. Evidence of community engagement or participation in the ATC's operations through ownership, management, and local hiring plans, and support of community organizations;

xiii. Evidence of minority, women, and veteran participation in ATC operations through ownership, management, and local hiring plans;

xiv. Evidence of experience and ability related to the activities associated with the endorsement(s) sought, determined by proposed operations, workforce, capital, management systems, business plan, safety, and security;

xv. A legible map or maps of the service areas by zip code to be served by the alternative treatment center showing the location of the alternative treatment center; and

xvi. Text and graphic materials showing the exterior appearance of the ATC and its site compatibility with commercial structures already constructed or under construction within the immediate neighborhood.

(c) The applicant's failure to provide requested information or to present truthful information in the application process shall result in a decision to not accept the application for processing. The Commission shall notify the applicant of this decision and the filing fee shall be nonrefundable.

(d) An entity seeking to engage in one or more of the following activities, associated with providing registered qualifying patients with usable marijuana and related supplies, shall apply for a permit endorsement authorizing it to:

1. Cultivate usable marijuana;

2. Manufacture usable marijuana; and/or

3. Dispense usable marijuana.

(e) The endorsements issued by the Commission shall authorize the following specific activities:

1. A cultivation endorsement allows an ATC to possess, cultivate, plant, grow, harvest, and package usable marijuana (including in prerolled forms); and display, transfer, transport, distribute, supply, or sell marijuana to other ATCs, but not directly to registered qualifying patients.

2. A manufacturing endorsement allows an ATC to possess and process usable marijuana; purchase usable marijuana from other ATCs possessing a cultivating endorsement; manufacture products containing marijuana approved by the Commission; conduct research and develop products containing marijuana for approval by the Commission; and to display, transfer, transport, distribute, supply, or sell marijuana and products containing marijuana to other ATCs, but not directly to registered qualifying patients.

3. A dispensary endorsement allows an ATC to purchase usable marijuana and products containing marijuana from other ATCs authorized to cultivate or manufacture usable marijuana or products containing marijuana; and possess, display, supply, sell, and dispense, usable marijuana and/or products containing marijuana, to registered qualifying patients.

(f) The Commission shall issue endorsements in a manner that ensures adequate patient access to medicinal marijuana.

N.J. Admin. Code § 17:30A-7.1

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
Rewrote the section.

Amended by 56 N.J.R. 1728(b), effective 8/19/2024