Current through Register Vol. 55, No. 48, December 18, 2023
A person whom a qualifying patient designates as a primary caregiver pursuant to
N.J.A.C. 17:30A-2.2(e)shall submit the following to the Commission to apply for
issuance or renewal of primary caregiver registration:
1. The applicant's full name, address, date of
birth, telephone number, and signature;
2. Written consent to submit to a criminal history
record background check pursuant to
applicant shall remit the fee for the criminal history record background check in
compliance with the procedures established by the Division of State Police pursuant
to N.J.A.C. 13:59;
correct application fee as specified at N.J.A.C. 17:30A-2.1;
4. A statement that the applicant agrees to assist
the qualifying patient with the medical use of marijuana, is not currently serving
as primary caregiver for another qualifying patient and is not the qualifying
5. Proof of New
Jersey residency; and
6. One recent
passport-size color photograph, two inches by two inches, taken against a white
background or backdrop with the applicant's face being not less than three quarters
of an inch in width. The applicant shall not wear a hat, glasses, or any other item
that may alter or disguise the overall features of the face in the photograph and
the applicant shall legibly print his or her name on the back of the photograph
submitted. The photo shall have been taken not more than 30 days prior to the date
of the application.
Commission shall notify the applicant in writing, by electronic mail or by
telephone, if an application is incomplete and shall explain what documents or
information is necessary for the Commission to deem the application to be complete.
1. An applicant shall have 30 days from the date
of a notification issued pursuant to (b) above to submit the materials required to
complete the application.
Commission shall not process incomplete applications.
3. The Commission shall not accept and shall
return applications to applicants who fail to submit materials necessary to complete
an application within the 30 days provided pursuant to (b)1 above.
4. Applicants whose applications are not accepted
for processing pursuant to (b)3 above who seek to reapply for registration shall
submit a new application and the applicable fee in accordance with (a) above.
(c) Prior to issuing or
renewing a registry identification card, the Commission shall verify the information
submitted by the applicant.
Commission shall approve or deny an application or renewal within 30 days of receipt
of the completed application or renewal and shall issue a registry identification
card within five business days of approving the application or renewal.
(e) Each applicant for issuance or renewal of
registration as a primary caregiver shall submit to a fingerprinting process as part
of the criminal history record background check and shall comply with procedures
established by the Division of State Police pursuant to N.J.A.C. 13:59 for obtaining
readable fingerprint impressions.
The Commission shall deny registration of a primary caregiver who:
1. Refuses to consent to, or cooperate in, the
securing of a criminal history record background check; or
2. Fails to provide any of the information
required at (a) above.
Subject to (h) below, the Commission shall deny an application for issuance or
renewal of registration as a primary caregiver if the criminal history record
background check of the applicant reveals a disqualifying conviction.
1. If an applicant has a disqualifying conviction,
the Commission shall issue written notice to the applicant identifying the
conviction that constitutes the basis for the denial of the application.
(h) The Commission shall not deny an
application for issuance or renewal of registration as a primary caregiver of an
applicant who has a disqualifying conviction if the applicant affirmatively
demonstrates to the Commission by clear and convincing evidence that the applicant
1. In determining whether an
applicant has demonstrated clear and convincing evidence of rehabilitation, the
Commission shall consider the following factors:
i. The nature and responsibility of the position
that the convicted individual would hold, has held, or currently holds;
ii. The nature and seriousness of the crime or
iii. The circumstances under
which the crime or offense occurred;
iv. The date of the crime or offense;
v. The age of the individual when the crime or
offense was committed;
vi. Whether the
crime or offense was an isolated or repeated incident;
vii. Any social conditions that may have
contributed to the commission of the crime or offense; and
viii. Any evidence of rehabilitation, including
good conduct in prison 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 individual under their supervision.
(i) If a qualifying patient proposes to
designate more than one person as a primary caregiver, each applicant for
registration as the qualifying patient's primary caregiver is subject to this
Amended by R.2019
d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51
In the introductory paragraph of (a), substituted "whom"
for "who"; rewrote (a)5; and added (i).