N.J. Admin. Code § 17:30A-7A.5

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

Section 17:30A-7A.5 - Qualification for a clinical registrant permit

(a) A permit applicant or permit holder is qualified to hold a permit where:

1. Each owner, principal, employee, or volunteer of a permit applicant or permit holder, as well as each staff member of a permit applicant's or permit holder's management services contractor that participates in the obtaining, possession, securing, cultivating, manufacturing, transporting, selling, delivering, or destroying of medical cannabis items has submitted to a criminal history background check pursuant to N.J.A.C. 17:30A-7A.6;

2. No owner, principal, employee, or volunteer of a permit applicant or permit holder has a disqualifying conviction pursuant to N.J.A.C. 17:30A-7A.6(d) without evidence of rehabilitation pursuant to N.J.A.C. 17:30A-7A.6(e);

3. No staff member of a permit applicant's or permit holder's management services contractor that participates in the obtaining, possession, securing, cultivating, manufacturing, transporting, selling, delivering, or destroying of any medical cannabis items of the permit applicant or permit holder has a disqualifying conviction pursuant to N.J.A.C. 17:30A-7A.6(d) without evidence of rehabilitation pursuant to N.J.A.C. 17:30A-7A.6(e);

4. Each owner and principal of the permit applicant or permit holder is eligible to be an owner or principal, respectively, of the permit applicant or permit holder;

5. No employee or other government official of any State, county, or local government entity involved in the process of reviewing, processing, or making determinations with regard to clinical registrant permit applications has any direct or indirect financial interest in the permit applicant or permit holder; and

6. The permit applicant or permit holder has not provided anything of value to an employee of any State, county, or local government entity involved in the process of reviewing, processing, or making determinations with regard to permit applications in exchange for reviewing, processing, or making any recommendations with respect to a permit application.

(b) A permit applicant or permit holder is not qualified to hold a permit where the permit applicant or permit holder:

1. Does not meet the requirements at (a) above;

2. Fails to provide information, documentation, and assurances as required pursuant to this subchapter or as requested by the Commission, including failure to provide a required criminal history record background check or to cooperate with the Commission in its investigation of the permit applicant or permit holder;

3. Fails to reveal any material fact pertaining to qualification;

4. Supplies information that is untrue or misleading as to a material fact pertaining to the qualification criteria for a permit; or

5. Has been determined by the Commission to be unsuitable to hold a clinical registrant permit pursuant to (c) below.

(c) The Commission may determine a permit applicant or permit holder is unsuitable pursuant to (b)5 above, where the permit applicant or permit holder has demonstrated, or is determined to:

1. Be a danger to the public health, safety, or general welfare of the State; or

2. Have a history of:

i. Distributing marijuana to minors;

ii. Involvement with organized crime;

iii. Diverting marijuana from personal-use or medical cannabis states to other states;

iv. Engaging in trafficking of controlled substances not authorized by the Act or this chapter, or other illegal activity;

v. Engaging in violence or the use of firearms as part of alternative treatment center operations; or

vi. Violating the requirements established in this subchapter, the Act, or the entity's written notice of approval.

(d) If the person is determined to be not qualified to hold a permit, such disqualification shall be considered a final agency action subject to judicial review, and the Commission shall provide notice of the determination to the person, in writing, which shall include:

1. The specific reason for the disqualification, including any conviction that constitutes the basis for the disqualification; and

2. Information about appeal rights.

N.J. Admin. Code § 17:30A-7A.5

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