- any owner, except one who owns less than 5% of the cannabis wholesaler or is a member of a group that owns less than 20% of the cannabis wholesaler and no member owns more than 5% of the total group investment, and who lacks the authority to make controlling decisions regarding the cannabis wholesaler's operations
- any director
- any officer
- any employee
When determining whether a conviction on a person's criminal history record should disqualify an applicant for a wholesaler license, the CRC will disregard any conviction for a crime or offense involving a controlled dangerous substance that occurred prior to the effective date of P.L.2021, c.16 (C.24:6I-31) involving a controlled dangerous substance, controlled substance analog, or any similar indictable offense under federal law, New Jersey law, or other state's law.
Additionally, the CRC will disregard any other prior convictions, except those for conduct involving cannabis pursuant to P.L.2021, c.16 (C.24:6I-31), or under New Jersey law, or under any other state's law that is related to the qualifications, functions, or duties for which the license is required, and not more than 5 years from the conviction dates, completion of parole or probation, incarceration release, whichever is more recent.
When determining which indictable offenses are materially related to the qualifications, functions, or duties for which the license is required, the CRC will consider, at a minimum, any conviction for fraud, deception, or embezzlement, as well as any conviction for violating N.J.S.2C:35-6, employing a minor in a drug distribution scheme, or other similar indictable offense in New Jersey or other jurisdiction.
The newly published CRC rules also borrow the equity concept used by some other states in the United States in accepting and issuing licenses to cannabis license applicants. The rules address social equity by increasing opportunities in the cannabis industry for people from statutorily designated target communities. The CRC rules earmark three types of businesses that will receive priority review and approval in the application process:
- Social Equity Businesses: These are businesses owned by individuals who have resided in economically disadvantaged areas of New Jersey or who have been convicted of cannabis-related charges in the past. \ Economically disadvantaged areas are those areas that earn less than 80% of the state's average median household income; have health uninsured rates that exceed 150% of the state's health uninsured rate; and have poverty rates that exceed 150% of the state's poverty rate, as determined annually by the United States Census Bureau.
- Diversely Owned Businesses: These businesses are owned by women, disabled veterans, and individuals categorized to be in the minority, and are certified by the New Jersey Department of the Treasury to be in one or more of the listed categories.
- Impact Zone Businesses: Businesses located in the Impact Zone, owned by individuals from Impact Zones, or employ residents of Impact Zone. In New Jersey, Impact Zones are municipalities with large populations, high unemployment rates, or high numbers of crimes or arrests for marijuana.
Regardless of when they apply, persons in these three categories who apply for wholesaler licenses will have their applications reviewed before other applicants.
Applications for wholesaler license will be scored and reviewed based on a point scale, with the CRC determining the number of points, point categories, and system for point distribution. The CRC aims to complete a review for a Class 3 license application within 90 days of submission and, if approved, issue the license within 30 days after approval notice.
Are there Local Regulations for Cannabis Wholesaler License Facilities in New Jersey?
Yes. New Jersey municipalities are authorized to enact restrictions on wholesaler businesses and other cannabis businesses as they deem fit. The initial rules published by the CRC recognize the role played by New Jersey municipalities in regulating the nascent cannabis industry in the state. Although the CRC's rules provide the framework for operating the cannabis industry in the state, municipalities have the right to define how the framework unfolds in their jurisdictions. Wholesaler businesses in New Jersey will only be licensed by the CRC if they have received support from the municipalities by obtaining zoning approvals and have been verified to operate in accordance with any municipal restrictions.
Per New Jersey P.L. 2021, c.16, municipalities have the authority to regulate hours of operation, the number and types of licensed companies operating inside their borders, and whether to impose a 2% transfer tax on all cannabis-related transactions. They may also impose on cannabis companies any requirements or limitations that would apply to other sorts of businesses, such as mandating compliance with all applicable rules and ordinances.
Municipalities will also have a say in which applicants intending to operate in their jurisdiction will be granted a license by the Commission. Note that municipalities are not permitted to limit the delivery of cannabis products to consumers within their jurisdiction or to restrict the transportation of cannabis routed through their jurisdiction.
Municipalities that establish ordinances regulating or prohibiting cannabis businesses by August 21, 2021, may amend their laws at any time and inform the CRC if a cannabis business violates their regulations.
What are Conditional Marijuana Licenses in New Jersey?
A New Jersey conditional cannabis License is a temporary license assigned as a Cultivator license, a manufacturer license, a wholesaler license, distributor license, retailer license, or a delivery license that authorizes the holder to legitimately act as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, or cannabis retailer within a limited period.
Does New Jersey Issue Conditional Licenses to Wholesaler Facilities?
Yes. The CRC issues temporary wholesaler licenses to qualified persons through a shortened application process, allowing them to function in the same way as annual wholesaler license holders. The conditional wholesaler licensee, on the other hand, has a limited time to become fully licensed by fulfilling all of the remaining licensure requirements that were not requisite for the granting of the conditional license.
How to Apply for a Conditional Marijuana Wholesaler License in New Jersey?
Per the CRC initial rules, an applicant for a conditional wholesaler license only needs to submit background (criminal) disclosure information, a business plan, and a regulatory compliance plan to the CRC to initiate license processing. If the application is granted, the applicant has 120 days to identify a suitable location, get municipal approval, and apply for the conversion of the conditional license into an annual license. The 120-day period may be extended upon request, but at the discretion of the CRC. Conditional wholesaler licensees who convert to annual licenses are not required to submit the parts of the application that require applicants to establish a prior experience in the regulated cannabis industry, per New Jersey regulation.
The following information must be provided, and the requirements met in order to complete an application for a conditional license:
- The application must include at least one individual who has resided in New Jersey or a minimum of 2 years as of the date of the application
- A list of all persons with a financial interest who also have decision-making authority for the proposed wholesaler cannabis business.
- Proof that the significantly involved individual and any other person worth a financial interest who also has decision-making authority for the wholesaler business is aged 21 or older.
- Proof that each individual with a financial interest in the proposed company who also has decision-making power had an adjusted gross income of no more than $200,000 for the immediately previous taxable year, or no more than $400,000 if filing jointly with another person.
- A certification that each individual with a financial interest who also has decision-making power for the proposed company has no financial interest in an application for an annual license presently under consideration by the CRC or a cannabis business that is currently operating with an annual license.
- The name, date of birth, address, and resumes of each executive officer, any significantly involved persons, and persons with financial interest who also have decision-making authority for the proposed wholesaler business. In addition, the photocopies of their driver's licenses or other government-issued ID, including background check information in a form and manner determined by the CRC in consultation with the Superintendent of State Police must be provided.
- The federal and state tax identification numbers for the prospective cannabis organization, as well as evidence of business registration with the Department of the Treasury's Division of Revenue.
- Information about the prospective cannabis company, including its legal name, any registered alternative names under which it may do business, and a copy of its articles of incorporation and bylaws.
- The planned cannabis company's business plan and management operation profile.
- The applicant plans to obtain the relevant liability insurance coverage for the proposed business.
- Any other requirements established by the CRC pursuant to regulation.
If the application is approved, the CRC will issue a conditional license to the applicant, which is non-transferable for the duration of the license, no later than 30 days after giving notice of approval, unless the commission determines that the applicant is not in compliance with its regulations. An application may also be denied if a municipality has enacted a numerical limit on the number of cannabis establishments in their jurisdiction.
Conditional licensees may add new owners during the conditional licensing period, as long as the majority of the ownership in the businesses remains with the persons or entities eligible for the conditional licenses. Once prepared, a licensee may submit a conversion application, which requires the submission of a security plan, an environmental impact plan, standard operating procedures for the business, and a workforce development plan.
If the application is denied, the CRC will notify the applicant in writing of the specific reason for the denial, refund to the applicant 80% of the application fee submitted with the application, and provide the applicant with an opportunity for a hearing pursuant to the "Administrative Procedure Act."
How Much Do Marijuana Wholesaler Licenses Cost in New Jersey?
For conditional license applicants, the application submission fee is $200, while the approval fee is $800. For a conditional microbusiness application, the submission fee is $100 while the approval fee is $400. According to the fee structure published by the CRC, a standard business license applicant will pay a $400 application submission fee, and a $1,600 approval fee. Submission fees are due when applications are submitted. A microbusiness wishing to conduct cannabis wholesale activities must pay a $200 application fee and a $800 approval fee. Approval fees are due upon the CRC's approval for licensure to operate. Applicants who are denied approval for licensure are not required to pay approval fees.
After fulfilling the requirements for a full license, a conditional wholesaler licensee is granted a standard cannabis wholesaler license. The cost of a microbusiness cannabis wholesaler license for a microbusiness is $1,000 while a standard wholesaler license costs $10,000.
Can Marijuana Wholesaler Licensees Hold Other Cannabis Licenses in New Jersey?
According to New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), Cannabis wholesaler licensees may only hold Class 4 distribution licenses, allowing them to operate as cannabis distributors. Cannabis wholesaler licensees are not allowed to hold any other type of cannabis license in New Jersey.
