The Jake Honig Compassionate Use Medical Cannabis Act provides the framework for the medicinal use of cannabis in New Jersey. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act does the same for recreational use and includes the establishment of the Cannabis Regulatory Commission. The Personal-Use Cannabis Rules (N.J.A.C 17:30) were last updated/amended effective March 6, 2023. Highlights of the new rules are available here.
Proposal and Register Citation | Title | End of Comment Period | Link to submit public comments |
January 17, 2023 55 N.J.R. 100(a) |
Adult-Use Cannabis Rules NJ-CRC Rules with proposed amendments regarding cannabis consumption areas: N.J.A.C. 17:30 |
The public comment period was closed on Saturday, March 18, 2023 |
|
August 1, 2022 54 N.J.R. 1470(a) |
Adult-Use Cannabis Rules Proposed Readoption of Specially Adopted New Rules with Amendments: N.J.A.C. 17:30 |
The public comment period was closed on Friday, September 30, 2022. |
Note: LexisNexis provides free online public access to the New Jersey Adminstrative Code and the New Jersey Register.
The role of the Cannabis Regulatory Commission (CRC)
The CRC was created to establish rules and regulations governing the sale and purchase of recreational cannabis, to administer the state’s medicinal cannabis program, and to oversee licensing for all areas of the cannabis industry.
The role of municipalities
Municipalities determine their own regulations and zoning ordinances governing the number, type, and operations of cannabis businesses within their borders. The CRC will not issue a license that would be in violation of a local ordinance or regulation.
Contact your municipality to verify local regulations.
Medicinal Program rules
The following are the laws, regulations, and guidelines that define and govern the Medicinal Marijuana Program in New Jersey.
Laws:
- A20, Jake Honig Compassionate Use Medical Cannabis Act, July 2019
- CUMMA Amendments, September 2013
- New Jersey Compassionate Use Medical Marijuana Act (CUMMA), January 2010
Regulations:
- Current Medicinal Marijuana Program Regulations, New Jersey Administrative Code* (Title 17, Chapter 30A)
- Rule Adoption, May 2019
- Rule Proposal, June 2018
- Board of Medical Examiners Adopted Rules, December 2011
- Rule Adoption, November 2011
Other Guidelines:
- Waiver on One-Year Requirement on 2019 RFA Awardees May 2022
- Certificate of Waiver for Medicinal Cannabis Home Delivery
- New Jersey Department of Health Executive Order #6 Report March 2018
- Standard for Manufacturing Lozenge, Topical Formulations and Edible Form Products by An Alternative Treatment Center, March 2015
- Attorney General Guidelines for Police, December 2012
COVID-19 Waivers and Guidance
- Waiver - ATC – Curbside Dispensing and Consultations
- Waiver - Caregivers – Reduced Registration Fees
- Guidance – Expedited Employee Onboarding Process
*Page hosted by Lexis-Nexis
Recreation business rules
Federal Law
The Controlled Substances Act, 21 U.S.C. §§ 801 et seq., prohibits the cultivation, distribution, and possession of marijuana, for any reason, regardless of state law. New Jersey’s cannabis regulations conflict with Federal law, however “States are not required to enforce [Federal] law or prosecute people for engaging in activities prohibited by [Federal] law; therefore, compliance with [the Act] does not put the State of New Jersey in violation of [Federal] law,” and N.J.S.A. 24:6I-54 further directs law enforcement in New Jersey to not cooperate with federal agencies enforcing The Controlled Substances Act for activities solely authorized by the Act.
United States Attorneys are instructed to focus on the following eight enforcement interests in prioritizing the prosecution of Federal laws criminalizing marijuana-related activity:
- Preventing the distribution of marijuana to minors;
- Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
- Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
- Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
- Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
- Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
- Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and
- Preventing marijuana possession or use on federal property.