Current through Register Vol. 56, No. 18, September 16, 2024
(a) "Microbusiness"
means a license applicant's or license holder's cannabis business that:
1. Has a smaller footprint than a standard
cannabis business, with respect to its business operations, capacity, and
quantity of product, pursuant to
N.J.S.A.
24:6I-36.f and this section.
(b) There shall not be any cap,
limit, or other numerical restriction on the number of microbusinesses
authorized to operate a cannabis business, including microbusinesses that have
converted into standard cannabis businesses in accordance with
N.J.A.C.
17:30-7.15. This prohibition on a cap, limit,
or other numerical restriction shall apply to every class of license
issued.
(c) A microbusiness
applicant for a conditional or annual license or a microbusiness license
holder:
1. Shall pay 50 percent of the amount
of a standard license application, renewal, or other fee;
2. Shall not be required to have an
attestation signed by a bona fide labor organization stating that the license
applicant has entered into a labor peace agreement with such bona fide labor
organization in any license application or as an ongoing material condition of
maintaining a license;
3. Shall
meet all the following requirements regarding owners, passive investors,
principals, and employees:
i. One hundred
percent of the ownership interest in the microbusiness license applicant or
license holder shall be held by current New Jersey resident(s) who have resided
in the State for at least the past two consecutive years, at the time of
application;
ii. At least 51
percent of the owners; 51 percent of the principals; 51 percent of the
employees; or 51 percent of the total number of persons included in the
microbusiness license applicant or license holder, including all owners,
principals, and employees, shall be residents of either the municipality in
which the microbusiness is or will be located, or of a municipality directly
bordering such municipality, at the time of the application; and
iii. The microbusiness license applicant or
license holder shall employ no more than 10 employees at one time, regardless
of the number of hours worked by the employees;
4. That is a microbusiness cannabis
establishment shall have its entire microbusiness physical plant occupy an area
of no more than 2,500 square feet;
5. That is a microbusiness cannabis
cultivator shall:
i. Have a total mature
cannabis plant grow canopy area that does not exceed 2,500 square feet,
measured on a horizontal plane, and 24 feet, measured vertically above that
plane; and
ii. Possess a total of
no more than 1,000 mature cannabis plants each month;
6. That is a microbusiness cannabis
manufacturer, shall acquire no more than 1,000 pounds of usable cannabis each
month;
7. That is a microbusiness
cannabis retailer, shall acquire for retail sale no more than 1,000 pounds of
usable cannabis, or the equivalent amount in any form of cannabis product, or
any combination thereof, each month; and
8. That is a microbusiness cannabis
wholesaler, shall acquire for resale no more than 1,000 pounds of usable
cannabis, or the equivalent amount, in any form of cannabis product, or any
combination thereof, each month.
(d) A microbusiness holding an annual license
shall not sell or transfer its license.
(e) A microbusiness holding an annual license
may submit an application to convert from a microbusiness to a standard
cannabis business and expand beyond the requirements of this section, pursuant
to N.J.A.C. 17:30-7.15.
