S2313

An Act concerning tetrahydrocannabinol products and supplementing Title 24 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

(1) “Commission” means the Cannabis Regulatory Commission.

(2) “Department” means the New Jersey Department of Agriculture.

(3) “Tetrahydrocannabinol” means:

(a) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless how derived; and

(b) any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the commission, in consultation with the Department of Agriculture and the Attorney General.

b. A person shall not sell or distribute a product intended for human consumption or inhalation that contains tetrahydrocannabinol, per serving or per package, in an amount prescribed by the rules or regulations established by the commission unless the person is licensed by the commission in accordance with P.L.2021, c.16 (C.24:6I-31 et al.) and complies with the manufacturing, laboratory testing, and packaging and labeling standards adopted pursuant to subsection e. of this section.

c. (1) It shall not be a violation of subsection b. to sell or distribute a product that contains tetrahydrocannabinol in an amount prescribed by the rules or regulations established by the commission while the person has a pending application to obtain a license with the commission in accordance with P.L.2021, c.16 (C.24:6I-31 et al.).

(2) It shall be unlawful to sell or distribute a product that contains tetrahydrocannabinol in any amount to a person under 21 years of age.

d. A person who violates subsection b. of this section shall be subject to any civil penalties or fines adopted by the commission in accordance with P.L.2021, c.16 (C.24:6I-31 et al.).

e. (1) Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, and in accordance with the authority established pursuant to section 18 of P.L.2021, c.16 (C.24:6I-35), the commission, in consultation with the department and Office of the Attorney General, is, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), authorized to adopt immediately upon filing with the Office of Administrative Law rules and regulations necessary to implement this act.

(2) Following any rules or regulations established by the commission in accordance with subparagraph (1) of this subsection, the commission shall, in consultation the department and the Office of the Attorney General, and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) adopt rules and regulations as necessary to implement this act.

f. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed or interpreted to limit the enforceability or applicability of the “Agriculture Improvement Act of 2018,” Pub.L.115-334 or the “New Jersey Hemp Farming Act,” P.L.2019, c.238 (C.4:28-6 et al.).

2. This act shall take effect 90 days after the date of enactment.

STATEMENT

This bill limits the sale of tetrahydrocannabinol products in the State.

Under the bill, the sale of products containing certain amounts of tetrahydrocannabinol, as prescribed by the Cannabis Regulatory Commission (commission), would be limited to entities licensed by the commission. Tetrahydrocannabinol is defined as:

(1) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, and delta-10- tetrahydrocannabinol, regardless how derived; and

(2) any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the commission.

It is not a violation of the bill for a person to sell or distribute a product containing tetrahydrocannabinol while that person has a pending application with the commission to be licensed by such authority. However, it is a violation of this bill to sell tetrahydrocannabinol in any amount to a person under the age of 21.

Any entity or person that sells a tetrahydrocannabinol product containing an amount in excess to relevant rules or regulations and is not licensed by the commission and does not have a pending license application is subject to any existing fines or penalties established for violators of relevant commission regulations.