Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
Commission shall, annually, evaluate whether the number of each class of
cannabis business is sufficient to meet the market demands of the State and
whether the price and availability of cannabis items are discouraging purchases
from the illegal market.
(b) The
Commission shall accept new license applications and issue additional licenses,
as it deems necessary to meet the demands identified at (a) above, except as
otherwise provided in this section and
section
33 of
P.L.
2021, c.
16(N.J.S.A. 24:6I-46).
1. During the 24-month period after February
22, 2021, the Commission shall not allow more than 37 licensed cannabis
cultivators. This number shall include any expanded ATCs.
i. Microbusinesses with cannabis cultivator
licenses, including microbusinesses that have converted into standard cannabis
businesses in accordance with
N.J.A.C.
17:30-7.15, shall not count towards this
cannabis cultivator license limit of 37; and
ii. The Commission may accept, review, score,
and process additional applications for cannabis cultivators during the
24-month period, provided that there are only 37 cannabis cultivators with
licenses.
2. Following
the 24-month period after February 22, 2021, the Commission shall review the
limit of 37 cannabis cultivator licenses and issue new cannabis cultivator
licenses to meet the market demands of the State and may accept new
applications as it deems necessary to meet those demands.
3. The Commission shall issue a sufficient
number of cannabis manufacturer, cannabis retailer, cannabis wholesaler,
cannabis distributor, and cannabis delivery service licenses to meet the market
demands of the State and may accept new applications for such additional
licenses as it deems necessary to meet those demands.
4. The Commission shall seek to ensure that
cannabis retailers have adequate access to licensed sources of cannabis items
to discourage purchases from the illegal market.
(c) The Commission may specify the type or
class of conditional or annual cannabis business license applications or
testing laboratory license applications it shall accept at any given time and
when it shall accept them. The Commission may set any geographic limitations on
the acceptance of license applications, provided such limitations are
consistent with meeting the market demands of the State.
1. During the period of time that the
Commission is accepting a specific class of conditional or annual cannabis
business license applications, the Commission shall accept license applications
on a continuous rolling basis, which shall be scored, reviewed, and approved in
accordance with this chapter.
2.
The Commission shall provide notice of the initial acceptance of license
applications in the New Jersey Register, on the Commission website, to the
Commission email list, and at a Commission public meeting. Any subsequent
changes to the type or class of license applications accepted shall be noticed
in the New Jersey Register, on the Commission website, to the Commission email
list, and at a Commission public meeting.
3. The notice identified at (c)2 above
regarding the acceptance of license applications shall include:
i. The types or classes of license
applications being accepted;
ii.
The criteria for eligibility for such license applications;
iii. Any geographic limitations on the
acceptance of licenses; and
iv. If
the number of available licenses of a certain class is capped or limited, the
number of available licenses of such class.
4. Microbusinesses, including microbusinesses
that have converted into standard cannabis businesses in accordance with
N.J.A.C.
17:30-7.15, shall not count towards any
limitation on the number of cannabis business licenses issued by the
Commission.
(d) The
Commission shall review, score, and approve conditional and annual cannabis
business license applications and issue licenses to applicants that receive a
full score or greater, and shall have the full authority to establish the
priority by which conditional and annual cannabis business license applications
and applicants are reviewed, scored, approved, and issued, such that:
1. Social equity businesses, diversely owned
businesses, and impact zone businesses always have priority over other license
applicants;
2. Except where it
conflicts with (d)1 above, conditional license applicants have priority over
annual license applicants;
3.
Except where it conflicts with (d)1 above, microbusiness license applicants
have priority over standard cannabis business license applicants;
4. Except where it conflicts with (d)1 above,
license applicants given bonus points pursuant to
N.J.S.A.
24:6I-36.d (2) have priority over license
applicants with no bonus points; and
5. The priority of the review, scoring, and
approval of license applications and issuance of licenses is consistent with
meeting the market demands of the State, the Act, and this chapter.
