N.J. Admin. Code § 17:30A-7A.6

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

Section 17:30A-7A.6 - Criminal history background check

(a) Each owner, principal, employee, or volunteer of a clinical registrant permit applicant or holder or staff member of a permit applicant's or permit holder's management services contractor shall provide written consent to submit to a criminal history background check pursuant to the Act and shall comply with the procedures established by the Division of State Police pursuant to N.J.A.C. 13:59 for obtaining readable fingerprint impressions.

1. The permit applicant or holder, as applicable, shall bear the cost for the criminal history background check, including all costs of fingerprinting and administering and processing the background check.

2. For a management services contractor, only staff members that participate in obtaining, possessing, securing, cultivating, manufacturing, transporting, selling, delivering, or destroying medical cannabis items on behalf of a permit applicant or permit holder shall be required to consent and comply with a criminal history record background check.

(b) A person who is required to undergo a criminal history background check pursuant to this section who refuses to consent to, or cooperate in, the securing of a check of criminal history and background information shall be deemed unqualified as a permit applicant or holder.

(c) Where the criminal history background information demonstrates that a person has been convicted of a disqualifying conviction pursuant to (d) below, the Commission shall find the person disqualified from holding a permit and shall not approve the person for participation in a clinical registrant permit applicant or holder.

(d) A disqualifying conviction for an individual to participate in a clinical registrant permit applicant or holder is a conviction of an:

1. Indictable offense of the first, second, or third degree pursuant to this State's law;

2. Indictable offense or disorderly persons offense involving any controlled dangerous substance or controlled substance analog as set forth at N.J.S.A. 2C:35-1 et seq., except:

i. Paragraph (11) or (12) of subsection b. at N.J.S.A. 2C:35-5;

ii. Paragraph (3) or (4) of subsection a. at N.J.S.A. 2C:35-10;

iii. A conviction that occurred after January 18, 2010, for a violation of Federal law relating to possession or sale of cannabis for conduct that is authorized under the Act; or

3. Equivalent offense pursuant to Federal law or any other state's law.

(e) Notwithstanding the provisions at (c) above to the contrary, a person required to consent to a criminal history background check pursuant to (a) above shall not be disqualified on the basis of any disqualifying conviction disclosed by a criminal history record background check if the person has affirmatively demonstrated to the Commission, clear and convincing evidence of rehabilitation. In determining whether clear and convincing evidence of rehabilitation exists, the Commission shall consider, at a minimum, the following factors:

1. With respect to the permit applicant or holder, the nature and responsibility of the position that the person with a conviction would hold, has held, or currently holds;

2. The nature and seriousness of the crime or offense;

3. The circumstances under which the crime or offense occurred;

4. The date of the crime or offense;

5. The age of the person when the crime or offense was committed;

6. Whether the crime or offense was an isolated or repeated incident;

7. Any social conditions that may have contributed to the commission of the crime or offense; and

8. Any evidence of rehabilitation, including good conduct while incarcerated or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

(f) Notwithstanding the provisions at (c) above to the contrary, the Commission may, in its discretion, offer provisional authority for a person to be an owner, principal, or employee of a clinical registrant permit applicant or holder for a period not to exceed three months if the person submits to the Commission a sworn statement attesting that the person has not been convicted of any disqualifying conviction.

1. Such person's provisional status does not guarantee a person's qualification.

2. Submission of a false attestation shall result in a determination of the person's disqualification, the revocation of the person's provisional status and any Cannabis Business Identification Card and may result in permanent ineligibility for the person to participate in regulated medicinal or personal-use cannabis activities.

3. If a permit applicant or holder demonstrates a pattern of submission of such false attestations, the Commission may sanction the permit applicant or holder pursuant to N.J.A.C. 17:30A-20, including civil monetary penalties.

(g) In accordance with the provisions of the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1, any individual disqualified from owning, operating, or being employed by a clinical registrant permit applicant or holder shall be given an opportunity to challenge the accuracy of the disqualifying criminal history record prior to being permanently disqualified from participation.

1. Such challenges shall be made within 20 days of the disqualification.

N.J. Admin. Code § 17:30A-7A.6

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